IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 7860 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------ N.V.PRAJITH, S/O. K.A.DAMODARAN, AGED 27 YEARS, SANSKRIT TEACHER, RADHAVILASAM U.P.SCHOOL, PALLIKUNNU, KANNUR DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR P.O., KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI, P.O.PAPPINISSERI, KANNUR DISTRICT. 5. THE MANAGER, RADHAVILASAM U.P.SCHOOL, PALLIKUNNU, KANNUR DISTRICT. SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. -------------------------------- W.P(C) No.7860 of 2009-B ---------------------------------- Dated this the 24th day of March, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner was appointed as a full-time Sanskrit teacher in the fifth respondent's school, as per Exhibit P1 order dated 2.6.2008 in the retirement vacancy of Smt.N.Remanibai. Smt.N.Remanibai working as a Full time Sanskrit teacher. Exhibit P2 staff fixation order for the year 1998-99 discloses that post of Sanskrit teacher was made full time by diverting three periods from Physical Education. While passing Exhibit P3 staff fixation order for the academic year 2008-09, the Assistant Educational Officer approved the petitioner's appointment only as Part- time teacher. Aggrieved by Exhibit P3 staff fixation order to the extent it converted the Full time post of Sanskrit teacher as Part time post, the petitioner has filed Exhibit P7 revision petition before the State Government followed by Exhibit P9 revision petition before the Director of Public Instruction. In Exhibits P7 and P9, the petitioner has relied on Exhibit P4 Government order dated 13.11.2000 to contend that Full time posts created by diverting periods from group 'C' subjects cannot be W.P(C) No.7860 of 2009-B 2 converted into Part-time posts. 3. The question whether the Assistant Educational Officer was right in converting the post of Full-time Sanskrit teacher into a part-time post is a primarily a matter for the departmental authorities to decide. Rule 12E (3) of Chapter XXIII of the KER empowers the Director of Public Instruction to revise staff fixation orders. Since the petitioner has already invoked the jurisdiction of Director of Public Instruction by submitting Exhibit P9 revision petition, I am of the opinion that the petitioner should pursue that remedy instead of seeking reliefs from this Court. I accordingly dispose of this writ petition with a direction to the Director of Public Instruction to take up Exhibit P9 revision petition and pass orders thereon after affording the petitioner and the fifth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of the judgment. The Director of Public Instruction shall while passing orders on Exhibit P9 have due regard to the G.O (MS) No.371/2000/G.Edn. dated 13.11.2000 and also other relevant Government orders if any, governing the field. P.N.RAVINDRAN ab JUDGE W.P(C) No.7860 of 2009-B 3