IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 37702 of 2008(L) PETITIONER: --------------- MATHEW M.DANIEL, H.S.A(MATHS)M.G.M.HIGH SCHOOL, ENGAUZHA, PUDUPPADI, KOZHIKODE,RESIDING AT MULLAMTHANATHU, PANNIVIZHA, ADOOR.P.O, PATHANAMTHITTA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURM. 3. THE MANAGER, CATHOLICATE & M.D.SCHOOLS, DEVALOKAM, KOTTAYAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 37702 OF 2008 L ------------------------------------------------------ Dated this the 6th January, 2009 JUDGMENT The petitioner states that he was appointed as High School Assistant (Mathematics) in M.G.M.High School, Engapuzha, with effect from 4.10.2000 to 31.12.2002 in the leave vacancy of one Sunitha Joice. He was again appointed as H.S.A with effect from 4.12.2001 in the same school in a transfer vacancy. It is stated that those appointments were approved by the District Educational Officer. M.G.M.High School is established and managed by the Corporate Management. 2. The petitioner states that in May, 2007, he passed M.A. (English). He has passed B.Ed. also. Petitioner submitted a representation dated 3.3.2008 before the second respondent for accommodating him against a post of H.S.A. (English) under the same Management. The petitioner filed W.P.(C) No.8304 of 2008, in which a direction was issued to the second respondent to consider and pass orders on the representation dated 3.3.2008 within a period of two months. The second respondent passed Ext.P4 order rejecting the representation dated 3.3.2008 filed by the petitioner. The reason for rejection of the representation is that the petitioner is having B.Ed. in Mathematics and not in English and that conversion from existing H.S.A. W.P.(C) NO. 37702 OF 2008 L :: 2 :: (Mathematics) to H.S.A.(English) can be made only if the petitioner possesses B.Ed. in English. Aggrieved by Ext.P4 order, the petitioner has filed Ext.P5 statutory revision before the first respondent. Ext.P5 Revision is pending before the first respondent. 3. The petitioner contends that by Ext.P6 Government Order the first respondent exempted certain categories from the purview of Ext.P2 Government Order (GO(P) No.220/2005/G.Edn. dated 19.7.2005). In Ext.P6, it is stated that the exemption will not apply to H.S.A.(English). 4. The reliefs prayed for in the Writ Petition are the following: “A. To issue a Writ of Certiorari or appropriate Writs directions or orders calling for the records leading up to Ext.P6 and quashing Ext.P6 to the extend to which it declined to exempt teachers having B.Ed degree in other subjects with post graduation in English like the petitioner who were appointed prior to 19.7.2008. B. To issue a Writ of Certiorari or appropriate Writs directions or orders quashing Ext.P4. C. To issue a writ of Mandamus commanding the 1st respondent to consider and pass orders on Ext.P5 de- horse Ext.P6. D. To issue a writ of Mandamus directing the 2nd respondent to accommodate the petitioner against the post of H.S.A.(English) in any of the schools as requested in Ext.P1.” W.P.(C) NO. 37702 OF 2008 L :: 3 :: 5. For the time being, the petitioner confines his relief to the issue of a writ of mandamus directing the first respondent to dispose of Ext.P5 in accordance with law de-hors Ext.P6. After having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that the first respondent can be directed to dispose of Ext.P5 in accordance with law as expeditiously as possible. Accordingly, the Writ Petition is disposed of as follows: i) The first respondent shall consider and dispose of Ext.P5 in accordance with law, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. iii) Petitioner shall be entitled to raise all the contentions available to him . W.P.(C) NO. 37702 OF 2008 L :: 4 :: iv) It is made clear that disposal of the Writ Petition is without prejudice to the contentions raised by the petitioner in the Writ Petition and that he would be free to raise the same as and when occasion arises. (K.T.SANKARAN) Judge ahz/