IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 24909 of 2003(M) ----------------------------------------- PETITIONER: --------------------- M.RATNAVENI, CRAFT TEACHER (CUTTING & TAILORING), NADUVALLUR A.U.P.SCHOOL, P.O.KAKKUR, VIA: NANMINDA, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE ASSISTANT EDUCATIONAL OFFICER, BALUSSERY. 5. THE MANAGER, NADUVALLUR A.U.P.SCHOOL, P.O.KAKKUR, VIA : NANMINDA, KOZHIKODE. BY GOVERNMENT PLEADER SRI.T.T. MOHAMMED R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24909/2003 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.G3-35165/88/K.DIS. DTD. 24/4/1986 OF THE 2ND RESPONDENT TO RESPONDENTS 2 TO 5. EXT.P2: COPY OF ORDER NO.D.DIS.34291/93/DPI/RA4 DTD. 20/08/1993 OF THE 2ND RESPONDENT ISSUED TO THE 5TH RESPONDENT AND OTHERS. EXT.P3: COPY OF CERTIFICATE DTD. NIL ISSUED BY THE HEADMISTRESS OF 5TH RESPONDENT SCHOOL TO THE PETITIONER. EXT.P4: COPY OF ORDER G.O.(MS) NO.108/2001/G.EDN. DTD. 23/03/2001 OF THE 1ST RESPONDENT. EXT.P5: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION, KERALA, ON 27/09/2001. EXT.P6: COPY OF ORDER NO.51984/K2/02/G.EDN. DTD. 1/1/2003 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.24909/2003 ----------------------------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT Challenge in this writ petition is against Ext.P6. From the facts it is seen that in the school, of which the 5th respondent is the Manager, there existed a post of Craft Teacher (Coir Work) and by order dated 19.6.1984 that was converted into Craft Teacher(Cutting & Tailoring). In that post the petitioner was appointed with effect from 27.8.1983 on a part time basis. The claim in this writ petition is that on the retirement of the Physical Education Teacher, the petitioner is entitled to have her part time post converted as fully time post. This claim is on the basis that she is allotted 27 periods of teaching in a week with effect from 5.6.2000. Following Ext.P5, by which Government approved appointment of 29 needle work teachers, the petitioner submitted Ext.P9 representation claiming full time status and that was rejected by Ext.P6 which is under challenge in this writ petition. The reason stated for rejecting the claim of the petitioner for full time status which is also reiterated in WP(c).No.24909/2003 2 the counter affidavit filed is that, staff strength in the school did not warrant sanction of any specialist teachers' post in the school, as per Rule 6B of Chapter XXIII KER. It is also the contention that Rule 6-B only provides a protection to the person concerned in the post he held and that there is no provision in the said Rule for conversion a part time post into a full time post. Having gone through the counter affidavit and also Rule 6B Chapter XXIII KER, I am inclined to agree with the learned Government Pleader that Ext.P6 deserves to be up held. A reading of the above Rule shows that, protection is extended to the person concerned for his continuance in the school and it does not in any manner provided for a change of status as is now claimed by the petitioner. Therefore the petitioner can only continue as a part time teacher enjoying the protection and her claim for conversion of the post into a full time one is inadmissible in terms of the Rule. Writ Petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No.24909/2003 3