IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17255 of 2009(B) -------------------------- PETITIONER(S): --------------- SHALI.K., DRAWING TEACHER(FULL TIME) VILAKKOTTUR U.P.SCHOOL, P.O.VILAKKOTTUR, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. ASSISTANT EDUCATIONAL OFFICER, PANOOR. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17255 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT The petitioner is working as a Drawing Teacher in a U.P. School. She has approved service from 1998. 2. After a higher level verification of the school, the roll strength was found to be in the year 2007-2008 reduced to 447. Ext.P3 is the copy of the proceedings of the Asst. Educational Officer. The post of Drawing Teacher was abolished with effect from 15.7.2007. Even though the Manager submitted an appeal, that was rejected by Ext.P4. The apparent view taken is that the effective strength of pupils is below 450 and therefore the school is not eligible for specialist post. 3. A further appeal was filed by the Manager before the Director of Public Instruction which was rejected as per Ext.P5. Again, a revision petition has been filed by the Manager as per Ext.P6 and the petitioner has also approached the Government as per Ext.P7. 4. It is pointed out by the petitioner that in similar cases as per Exts.P8 and P9, orders have been issued by the Government relaxing the rule and by restoring the post. Ext.P8 relates to the post of Crafts Teacher wpc 17255/2009 2 in Thanakkottur U.P. School and Ext.P9 relates to a drawing teacher in Basic U.P. School, Kozhikode. 5. Since the entire matter is pending before the Government, there will be a direction to the first respondent to take a decision on Ext.P6 and P7 after hearing the petitioner and the Manager. Similar orders passed as per Exts.P8 and P9 will also be considered by the Government while taking a final decision in the matter. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/