IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26334 of 2009(J) -------------------------- PETITIONER(S): --------------- K.KHADEEJA,AGED 35 YEARS, W/O.ABDUL RASHEED,UPPER PRIMARY SCHOOL ASSISTANT, NARAYANA VIDYALAYAM A.U.P.SCHOOL,PANAMANNA SOUTH, OTTAPPALAM,PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETRY TO GOVERNMENT,GENERAL EDUCATION DEPT;, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD,PALAKKAD DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM,PALAKKAD DISTRICT. 6. THE MANAGER,NARAYANA VIDYALAM A.U.P. SCHOOL,(RE-NAMED AS UNITY A.U.P.SCHOOL),THENKARA, MANNARKAD,PALAKKAD DISTRICT. 7. THE MANAGER,NARAYANA VIDYALAYAM A.U.P SCHOOL,PANAMANNA SOUTH,MANNARKAD, PALAKKAD DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26334/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of September, 2009 J U D G M E N T The petitioner was appointed as an Upper Primary School Assistant in Narayana Vidyalayam A.U.P School, Panamanna South with effect from 15/07/2003 and the said appointment has been approved also. There were two schools namely, Narayana Vidyalayam A.U.P School, Thenkara and Narayana Vidyalayam A.U.P School, Panamanna South under the same Corporate Management. There was a common seniority list also. The issue that is raised by the petitioner is regarding the applicability of 1:45 teacher- students ratio for retention in Narayana Vidyalayam A.U.P School, Panamanna South. Pursuant to the order passed by the Director of Public Instruction dated 22/01/2008, the Manager transferred the petitioner to N.V.A.U.P School, Thenkara. Thereafter, she was absorbed in the first post under 1:40 teacher-students ratio as per Ext.P2 order. By Ext.P3 order dated 09/02/2007, the petitioner was re-transferred to N.V.A.U.P School, Panamanna South against a sanctioned post and one Smt.Sreelatha was transferred to N.V.A.U.P School, Thenkara. W.P.(C). No.26334/2009 -:2:- 2. Ext.P4 is the seniority list prepared by the Deputy Director of Education, whereby the name of the petitioner is included in N.V.A.U.P School, Thenkara and Smt. Sreelatha has been included in the N.V.A.U.P School, Panamanna South. Even though the petitioner filed Ext.P5 representation, no order was passed. Thereafter, the petitioner filed Ext.P6 appeal before the Director of Public Instruction in the matter. 3. It is prayed that the said appeal may be directed to be disposed of within a time frame. 4. The main relief sought for in Ext.P6 is to include her name in Narayana Vidyalayam A.U.P School, Panamanna South under 1:45 teacher- students ratio. There will be a direction to the second respondent to take a decision on Ext.P6 after hearing the petitioner and respondent Nos.6 and 7 and any other teachers who may be affected by the order. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms