IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WA.No. 1029 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.33316/2008 Dated 12/11/2008 .................... APPELLANT/PETITIONER ------------------------ PRASANTH LAL G.S., HIGH SCHOOL ASSISTANT(MATHS), PPTMY HIGHER SECONDARY SCHOOL, CHERUR, MALAPPURAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS/RESPONDENTS: --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM. 4. THE MANAGER, PPTMY HIGHER SECONDARY SCHOOL, CHERUR P.O., VENGARA, MALAPPURAM. G.P. SRI.BENNY GERVACIS FOR R1 TO 3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1029 of 2009 & C.M. Appl. No.474 of 2009 .................................................................... Dated this the 1st day of June, 2010. JUDGMENT Ramachandran Nair, J. The belated appeal is filed challenging judgment of the learned Single Judge upholding Ext.P8 whereunder appellant's representation for regularisation of his appointment was rejected by all the authorities. We have heard counsel for the appellant and have also gone through the judgment. Appellant was appointed as H.S.A. However, by virtue of Ext.P2 order, the vacancy ought to have been filled up by an English teacher. The practice until Ext.P2 was to allow teachers in other subjects to teach English in the High School classes. However, Government vide Ext.P2 order dated 7.1.2002 provided that English should be taught by qualified English teachers. Under this Government Order, out of the 70 vacancies of Teachers in the District, 17 had to be provided for English teachers. In fact, the actual number of English teachers were only 2 and, therefore, subsequent 15 vacancies have to be 2 filled up with English teachers only. Appellant claimed that appointment of another person similarly placed was regularised and based on the same, he filed representation which was turned down. The Writ Petition was dismissed by the learned Single Judge through a detailed judgment accepting the position that there is no vacancy for the teacher in Mathematics. We find no merit in the Writ Appeal. Consequently delay petition as well as the Writ Appeal are dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms