IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 27244 of 2011(E) -------------------------- PETITIONERS: --------------- 1. NOOR MOHAMMED.Y., AGED 43 YEARS, S/O.YUSUF RAWTHER, UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM, PALAKKAD-678 534. 2. M.A.IGNATIUS GOLDWIN, HIGH SCHOOL ASSISTANT (MATHS), K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM, PALAKKAD-678 534. 3. ANISHAMOL.C., UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. 4. SUHRA.A., UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. 5. SELMA V.RAJAN, UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. 6. BINDUJA J.S., UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. 7. RAJEETHA.B., UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. 8. VIJAYALAKSHMY.V., L.G.HINDI TEACHER, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM, PALAKKAD-678 534. 9. SARITHA.C., UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. WP(C).No. 27244 of 2011(E) 2 10. PRAJISHA V.NATH, UPPER PRIMARY SCHOOL ASSISTANT, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM,PALAKKAD-678 534. BY ADV. SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT, PIN 678534. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT, PIN 678534. 4. ADV.USMAN KAURIKKAL O.V., MANAGER, K.K.M.HIGHER SECONDARY SCHOOL, P.O.VANDITHAVALAM, PALAKKAD-678 534. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27244 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.19767/2010-U DT.24/06/2010. EXHIBIT-P2. TRUE COPY OF THE BOND EXECUTED BY THE MANAGER OF THE SCHOOL DT. 08.07.2010. EXHIBIT-P3. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (1ST PET.) DT.09.02.2011/05.06.2006. EXHIBIT-P4. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (2ND PET.) DT.09.02.2011/04.09.2007. EXHIBIT-P5. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (3RD PET.)DT. 04.03.2011/01.06.2007. EXHIBIT-P6. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER(4TH PET.)DT. 04.03.2011/01.06.2007. EXHIBIT-P7. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (5TH PET.)DT.18.04.2011/28.07.2006. EXHIBIT-P8. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (6TH PET.) DT.21.04.2011/01.06.2009. EXHIBIT-P9. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPLINTMENT ORDER (7TH PET.)DT. 07.09.2009/07.09.2009. EXHIBIT-P10. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (8TH PET.) DT.02.07.2007/02.07.2007. EXHIBIT-P11. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (9TH PET.)DT. 21.04.2011/01.06.2009. EXHIBIT-P12. TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH APPOINTMENT ORDER (10TH PET.)DT.20.04.2011/01.06.2009. EXHIBIT-P13. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DT.20.7.2011. EXHIBIT-P14. TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SHIJINI.S AND THE APPROVAL THEREOF DT.14.07.2006/01.11.2010. EXHIBIT-P15. TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SHAKEENA.S AND APPROVAL THEREOF DT.01.11.2010. WP(C).No. 27244 of 2011(E) EXHIBIT-P16. TRUE COPY OF THE APPOINTMENT ORDER OF SRI.P.FEMIL AND APPROVAL THEREOF DT.14.11.2007/01.11.2010. EXHIBIT-P17. TRUE COPY OF THE APPOINTMENT ORDER OF SMT.A.FOUSIA AND APPROVAL THEREOF DT. 15.11.2007/01.11.2010. EXHIBIT-P18. TRUE COPY OF THE APPOINTMENT ORDER OF SMT.MAYA C.K. AND APPROVAL THEREOF DT.02.06.2008/01.11.2010. EXHIBIT-P19. TRUE COPY OF THE LETTERNO.62634/J2/10/G.EDN.OF THE GOVERNMENT DT.14.10.201. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27244 OF 2011 --------------------------------------- Dated this the 4th day of November, 2011. J U D G M E N T The petitioners, ten in number, are aggrieved by the delay in granting approval of their appointments. It is pointed out that the petitioners were appointed by different orders and their earlier appointments were rejected by the Department due to the ban imposed as per G.O.(P)No.317/2005/G.Edn dated 17.06.2005. In terms of G.O.(P)No.10/10/G.Edn dated 12.01.2010, the Manager has executed a bond and has re- submitted the appointment papers to the District Educational Officer, Palakkad along with appointment orders as evident from Exts.P3 to P12. Ext.P13 is the representation submitted by the petitioners before the Government. 2. It is pointed out that by accepting the bond Ext.P2, the Assistant Educational Officer, Palakkad approved the appointment of certain Teachers in the Lower Primary section as per Exts.P14 to P18 orders. W.P.(C) No.27244/2011 2 3. After getting instructions, a statement has been filed by the learned Government Pleader on behalf of the 3rd respondent. It is pointed out that Sri.O.V.Usman Kurikkal, the Manager of K.K.M. Higher Secondary School, Vandithavalam has intimated that the property of the school has been transferred to the new Management namely, Palakkad District Salafi Educational Association. But the transferring process has not yet been approved by the Director of Public Instruction. It is pointed out in paragraph 8 that since the school has been transferred to the new educational agency, the successor will be bound to comply with the conditions executed in the bond submitted before the District Educational Officer and such a position has to be clarified by the new Manager. Apart from that, one Sri.P.C.Hari who is stated to be working in one of the schools belonging to the same Manager has raised a claim under Rule 51A of Chapter XIV-A of Kerala Education Rules. Therefore, obviously, the institution has to clear the above aspects for the purpose of approving the appointments of the petitioners. In that view of the matter, this writ petition is disposed of W.P.(C) No.27244/2011 3 with a direction to the District Educational Officer to take a decision with regard to the approval of appointments of the petitioners in the light of the bond executed by the Manager, after notice to the 4th respondent Manager, the new Management namely, Palakkad District Salafi Educational Association, PMAC Campus, Parli and Sri.P.C.Hari who has raised a claim in the matter. Appropriate orders will be passed within a period of six weeks from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp