IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 27533 of 2007(C) -------------------------------- PETITIONER: -------------- 1. THE MANAGER, PPM. HIGHER SECONDARY SCHOOL, KOTTUKKARA, P.O.,KONDOTTY, MALAPPURAM DISTRICT. 2. DILSHAD MEHAR.M., AGED 30 YEARS, S/O LATE AHAMMED, HSST(JUNIOR),(COMPUTER SCIENCE), PPM. HIGHER SECONDARY SCHOOL, KOTTUKKARA, P.O.KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE. BY GOVERNMENT PLEADER T.T. MUHAMMOOD FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE G.O.M.S.NO. 61/2001/G/EDN. DATEAD 23.2.2001 SANCTIONING ONE BATCH EACH IN SCIENCE AND HUMANITIES AND ONE BATCH IN COMMERCE TO THE SCHOOL. EXHIBIT P2 : A TRUE COPY OF THE PROPOSAL AND REQUEST DATED 1.6.2001 GIVEN BY THE MANAGER TO THE 1ST RESPONDENT. EXHIBIT P3 : A TRUE COPY OF THE G.O.(MS)NO. 210/2002/G.EDN. DATED 17.7.2002 EXHIBIT P4 : A TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE DATED 3.8.2002 AUTHORIZING THE 1ST PETITIONER TO APPOINT THE 2ND PETITIONER AS HSST (JUNIOR) IN COMPUTER SCIENCE. EXHIBIT P5(A) : A TRUE COPY OF THE STAFF FIXATION ORDER OF THE SCHOOL PERTAINING TO THE YEARS 2000-2001. EXHIBIT P5(B) : A TRUE COPY OF THE STAFF FIXATION ORDER OF THE SCHOOL PERTAINING TO THE YEARS 2003-2004. EXHIBIT P6 : A TRUE COPY OF THE ORDER NO. 71775/T1/2005/G/EDN. DATED 1.6.2006. EXHIBIT P7 : A TRUE COPY OF THE ORDER DATED 2.7.2007 OF THE 2ND RESPONDENT, REJECTING THE PROPOSAL FOR APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER AS HSST (JUNIOR) IN COMPUTER SCIENCE. EXHIBIT P8 : A TRUE COPY OF THE SAID G.O.(M.S)NO. 28/2007/G.EDN. DATED 7.2.2007 EXHIBIT P9 : A TRUE COPY OF G.O. DATED 6.1.2005 /TRUE COPY/ P.A. TO JUDGE vkm K.T.SANKARAN, JUDGE ---------------------------------- W.P.(C) NO. 27533 OF 2007 --------------------------------------------- Dated this the 24th day of June, 2008 J U D G M E N T The first petitioner is the Manager of PPM Higher Secondary School, Kottukkara, Kondotty in Malappuram District. The 2nd petitioner is a teacher appointed by the 1st petitioner. 2. As per Ext. P3 order dated 17.7.2002 the government ratified the action of the Higher Secondary School Authorities in having made changes in the combination of subjects in the batches sanctioned to them, subject to the condition that there would be no financial commitment to the Government on account of these changes. Serial No. 2 in Ext. P3 is the 1st petitioner's School. The existing combination and the changes approved are shown in Ext. P3. The 1st petitioner appointed the 2nd petitioner as per Ext. P4. In Ext. P5, the staff fixation proceedings issued by the Director of Higher Secondary Education, relating to staff fixation in the W.P.(C) No. 27533/2007 2 academic year 2001-2002, it is noted thus: “changes in the combination of subjects in batches are sanctioned subject to the condition that there will be no additional financial commitment as per G.O 7th cited.” As per Ext. P6 Communication dated 1.6.2006 from the Secretary to the Government addressed to the Director of Higher Secondary Education with copy to the first petitioner, the proposal for approving additional financial commitment in respect of the school was rejected. The petitioner filed a review petition which was rejected as per Ext. P7 order dated 2.7.2007. It is stated in Ext. P7 as follows: “Government had in G.O (Ms) No. 210/2002/G.Edn. dt. 17.7.2002 ratified the action of the school in having made changes in the combination of subjects in Science & Humanities batches, subject to the condition that there will be no financial commitment to Government due to the changes, As such no posts have been sanctioned in the subjects Sociology & Computer Science (Jr.) in the staff fixation, as it involves financial commitment. Hence the proposals for approval of appointment as HSST(Jr.) in Sociology (Sri. Shair. C) & Computer Science (Sri. Dilshad Mehar) are rejected and returned.” W.P.(C) No. 27533/2007 3 3. The reliefs prayed for in the Writ Petition are the following: i) call for the records relating to Ext. P5 to P8 and issue a writ of certiorari or other appropriate writ or order quashing Ext. P5 to P7 to the extent to which it reject the request of the petitioners for sanctioning of posts of HSST (Junior) in Computer Science; ii) direct the respondents to sanction one post of HSST(Junior) to P.P.M Higher Secondary School, Kottukkara, Malappuram District. iii) direct the respondents to grant approval of appointment of the 2nd petitioner as HSST (junior) in Computer Science from the date of his appointment; iv) Pass such other orders as this Hon'ble court shall deem just. 4. After having heard the learned counsel for the petitioner, I do not find any illegality in Exts. P5 to P8 proceedings and orders. Therefore the Writ Petition cannot be entertained for the reliefs prayed for therein. The learned counsel for the petitioner submitted W.P.(C) No. 27533/2007 4 that there is a change in the policy of the Government as is revealed from Ext. P8 Government Order dated 7.2.2007 whereby several posts have been sanctioned to be created in the Higher Secondary Schools. It is submitted that the petitioner intends to approach the Government for appropriate orders in the changed scenario. The disposal of the Writ Petition as above would not be a bar for the petitioner to approach the Government for appropriate orders. The learned counsel for the petitioner submitted that there is no Higher Secondary School within a radius of 20 kms of the petitioner's school. These are all matters to be considered by the Government while considering the request of the petitioner. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE vkm