IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 24540 of 2010(N) -------------------------- PETITIONER(S): --------------- MANOJ MATHEW, AGED 40 YEARS, S/O.V.M.MATHEW, PHYSICAL EDUCATION TEACHER, OVT.H.S.S. MAMALASSERRY, PIRAVOM, ERNAKULAM DISTRICT. BY ADV. SRI.T.K.PANKAJASHAN PILLAI SRI.SAJI PANKAJAKSHAN RESPONDENT(S): --------------- 1. THE STATE OF KERALAM REPRESENTED BY THE CHIEF SECRETARY, GOVT OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCAITON, GOVT OF KERALA,THIRUVANANTHAPURAM. 395 039. 3. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM 395 039. BY G.P.SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.24540 of 2010 ---------------------------- Dated 16th August, 2010 JUDGMENT The petitioner is a qualified Physical Education Teacher presently working in OVT.H.S.S.Mamalasserry in Ernakulam District. The contention of the petitioner is that he is eligible and entitled to be appointed by transfer as Physical Education Lecturer in Government Polytechnic and Government Colleges in terms of Ext.P1 Government order dated 9.11.1965. Only in the absence of such qualified teachers direct recruitment could be resorted for filling up vacancies in Government Colleges and Polytechnic Colleges under Ext.P1. However, now steps are being taken to take away the said right to be considered for appointment by transfer as Lecturer in Government Polytechnic and Government Colleges by bringing in appropriate amendment to Ext.P1. For that purpose, the Government have issued notices to certain unions offering them opportunity to make their opinion with respect to the said proposal. According to the petitioner, on account of some vested interest a new Association namely, Government Polytechnic College Physical Education Instructors Association has been formed and they have submitted Ext.P2 representation requesting for direct recruitment to the post of Physical Education Lecturer in Government Polytechnic WP(C).No.24540/2010 2 Colleges and Government Colleges. Though such an amendment would affect a large number of qualified Physical Education Teachers in Government schools notice has been issued only to the union which submitted Ext.P2. The union, viz. the Graduate and Post Graduate Physical Education Teachers Association in which the petitioner is the Secretary, has not been issued with any such a notice. Nonetheless, the union has submitted Ext.P4 representation against the aforesaid proposal. Despite the receipt of the said representation carrying their objection, they were not called for attending the meeting. It is in the said circumstances that this writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the second respondent to hear and dispose of Exts.P3 and P4 representations before taking any decision in the matter of amendment of Ext.P1 Government order based on Ext.P2 representation. When this matter was taken up, the learned Government Pleader made available a copy of letter No.5980/L2/2010/H.Edn.(1) dated 30.7.2010 which would reveal that Government have invited the Graduate and Post Graduate Physical Education Teachers Association viz., the union to which the petitioner belongs, for participating in the meeting to discuss the draft Special Rules and such other aspects on the aforesaid issue. Therefore, I do not propose to go into the merits WP(C).No.24540/2010 3 of the contentions raised in this writ petition. The union in which the petitioner is the Secretary has already been invited for participating in the meeting as is obvious from the letter dated 30.7.2010. It is recorded and this writ petition is accordingly, closed. C.T.RAVIKUMAR Judge TKS