IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 2758 of 2009(C) ------------------------------------- PETITIONER(S): ---------------------- E. PRAKASAN, S/O.V.P.PADMANABHA KURUP, RESIDING AT 'PADMALAYAM", IRINGANNUR P.O., KOZHIKODE DISTRICT. BY ADV. MR.M.AJAY RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA (REPRESENTED BY ITS SECRETARY TO GOVERNMENT), GENERAL EDUCATION DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, NORTH ZONE, KOZHIKODE. 3. THE MANAGER, IRINGANNUR HIGHER SECONDARY SCHOOL, IRINGANNUR P.O., KOZHIKODE DISTRICT 673 514. 4. P. SHYAMA, PRINCIPAL, INRINGANNUR HIGHER SECONDARY SCHOOL, IRINGANNUR P.O., KOZHIKODE DISTRICT, RESIDING AT 'KRISHNA', KACHERI P.O., VIA. EDACHERI, KOZHIKODE DISTRICT. 5. P. RAJKUMAR, HSST-MATHS, IRINGANNUR HIGHER SECONDARY SCHOOL, IRINGANNUR P.O., KOZHIKODE DISTRICT 673 514. R1 & R2 BY GOVERNMENT PLEADER MR.A.J.VARGHESE R3 BY ADV. MR.R.K.MURALEEDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.2758 of 2009 -C ------------------------------ Dated this the 6th day of April, 2009. J U D G M E N T Heard Sri.M.Ajay, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2 and Sri.R.K.Muraleedharan, the learned counsel appearing for the third respondent. 2. This writ petition was filed on 27.1.2009 apprehending that contrary to the undertaking recorded by this Court in Ext.P1 judgment in W.P(C) No.24508 of 2006, the third respondent Manager will not appoint the petitioner in the vacancy of Higher Secondary School Teacher (English) that will arise in Iringannur Higher Secondary School on 1.4.2009. The third respondent Manager has filed a counter affidavit dated 15.3.2009 admitting that a vacancy of Higher Secondary School Teacher (English) will arise on 1.4.2009. However it is contended relying on Rule 7A(2) of Chapter XIV A of the KER that appointment cannot be made till the re-opening date. On that short ground the third respondent opposes the prayer of the petitioner for appointment as Higher W.P(C) No.2758 of 2009 -C 2 Secondary School Teacher against the vacancy that arose on 1.4.2009. 2. Rule 7A (2) of Chapter XIV A of the KER does not in my opinion apply to aided higher secondary schools. A Division Bench of this Court has in Pathanapuram Taluk Samajam Corporate Management School V. Sreelatha (2006(3) KLT 867) held that the provisions in Chapter XIV A of the KER do not apply to aided higher secondary schools. In any case, even assuming that the provisions of Chapter XIV A of the KER will apply, the embargo on appointment contained in Rule 7A(2) can have no application to regular vacancies, as held by this Court in Mini Joseph V. Director of Public Instruction (2005(4) KLT SN 15). The Manager has no case that the vacancy of HSST (English) that arose on 1.4.2009 was not a regular or permanent vacancy. In my opinion, the Manager who is bound by the undertaking made by him as recorded by this Court in Ext.P1 judgment is bound to appoint the petitioner as HSST (English) in that vacancy that arose on 1.4.2009. In these circumstances, I dispose of this writ petition with a direction to the third respondent Manager to appoint the petitioner W.P(C) No.2758 of 2009 -C 3 as Higher Secondary School Teacher in English with effect from today and forward the appointment order together with the proposal seeking approval of that appointment to the Regional Deputy Director, Higher Secondary Education, North Zone, Kozhikode within two weeks from today. The said officer shall on receipt of the proposal along with appointment order consider the same and pass orders in the matter at the earliest and in any event within three months from the date of receipt of the proposal seeking approval of appointment. If the approval of appointment is granted, the petitioner shall also be paid the salary and allowances without delay. It is clarified that the claims and contentions of the petitioner regarding appointment as Principal of the Higher Secondary School are kept open to be decided in other appropriate proceedings. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.2758 of 2009 -C 4