IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 19943 of 2008(Y) PETITIONERS : 1. C.M.RAJAN, S/O.LATE C.M.CHANDAPPAN, AGED 68 YEARS, MANAGER, CMC GIRLS HIGH SCHOOL, ELATHUR, ELATHUR PO., KOZHIKODE 2. ABDUSALAM K.K., HSA (URDU), CMC GIRLS HIGH SCHOOL, ELATHUR, ELATHUR PO., KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS : 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE 3. M.AMBUJAKSHY, MADATHIL HOUSE ANNASSERY PO., THALAKULATHUR KOZHIKODE DISTRICT. R3 BY ADV. SRI.P.R.SREEJITH GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, ALONG WITH WP(C) NO. 20299 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 19943 OF 2008 Y and W.P.(C) NO. 20299 OF 2008 N -------------------------------------------- Dated this the 21st July, 2008 JUDGMENT W.P.(C) No.19943 of 2008 is filed by the Manager of C.M.C.Girls High School, Elathur, Kozhikode District and a teacher appointed by the first petitioner in the said School. W.P.(C) No.20299 of 2008 is filed by Ambujakshi, Urdu teacher working in the said School and who claims for appointment as HSA and whose claim has been accepted by the educational authorities. 2. Ambujakshi was appointed as Junior Urdu teacher in the provisional vacancies for various spells. According to her, she is a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules. She was appointed as UPSA in Urdu in various spells as follows: “a) 3.6.1981 to 31.8.1981 b) 3.6.1982 to 27.8.1982 c) 1.9.1982 to 30.3.1983 d) 15.6.1983 to 1.3.1984 and e) 15.7.1986 to 31.3.1987.” The appointment in the aforesaid various spells were approved by the District Educational Officer. Ambujakshi was appointed as HSA Urdu in W.P.(C) NOS.19943 & 20299 OF 2008 :: 2 :: C.M.C.Girls High School from 20.6.1991 onwards. That appointment was not approved on the ground that the petitioner did not have the required qualification. A vacancy of HSA arose on 31.3.2008. Ambujakshi staked her claim for appointment to the post pointing out her preferential claim under Rule 51A of Chapter XIVA of the Kerala Education Rules. The Manager rejected the claim made by Ambujakshi as per his communication dated 19.3.2008 (Ext.P3). The stand taken by the Manager was that Ambujakshi had got approved service only as Junior Urdu teacher and that she was not appointed as HSA Urdu in the School on any previous occasion. Ambujakshi challenged Ext.P3 before the District Educational Officer. The District Educational Officer heard Ambujakshi and the Manager. The District Educational Officer passed order dated 31.5.2008, upholding the preferential right for appointment as HSA put forward by Ambujakshi, which is marked as Ext.P5 in W.P.(C) No.20299 of 2008 and as Ext.P6 in W.P.(C) No.19943 of 2008. The District Educational Officer passed the order relying on G.O.(P) No.187/05 dated 17.6.2005 and the amendment brought in Rule 51A. 3. In W.P.(C) No.20299 of 2008, Ambujakshi has made the following prayers: “a) Declare that the petitioner is entitled to preferential appointment as H.S.A (Urdu) to the post arose on 31.3.2008 in the C.M.C. Girls High School, Elathur under the management of the 1st respondent in terms of Ext.P5. W.P.(C) NOS.19943 & 20299 OF 2008 :: 3 :: b) Declare that the 1st respondent is not justified in not appointing the petitioner forthwith as HSA Urdu in C.M.C.Girls High School, Elathur, pursuant to Ext.P5 and P6. c) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to appoint the petitioner as H.S.A. (Urdu) in the post arose on 31.3.2008 in the C.M.C.Girls High School, Elathur pursuant to Ext.P5 and Ext.P6. d) grant such other reliefs which this Hon'ble Court may deem fit and necessary to grant in the circumstances of the case; and e) to award the cost of these proceedings to the petitioner.” 4. Challenging the order passed by the District Educational Officer, the Manager has filed Revision dated 11.6.2008, under Rule 92 of Chapter XIVA of the Kerala Education Rules. The Memorandum of Revision is on record as Ext.P9 in W.P.(C) No.19943 of 2008. The reliefs prayed for by the Manager and the Teacher appointed by him in W.P.(C) No.19943 of 2008 are the following: “i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P6; ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P9 Revision Petition, forthwith; iii) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.” W.P.(C) NOS.19943 & 20299 OF 2008 :: 4 :: 5. After having heard the counsel appearing for the petitioners in both the Writ Petitions and the learned Government Pleader, I am of the view that the Writ Petitions can be disposed of directing the Government to dispose of the Revision filed by the Manager expeditiously and also to consider the request of either side to pass appropriate interim orders. In the result, the Writ Petitions are disposed of as follows: a) The first respondent in W.P.(C)No.19943 of 2008 shall dispose of Ext.P9 Revision dated 11.6.2008, filed by the Manager, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the Manager, Abdusalam K.K. - the second petitioner in W.P.(C) No.19943 of 2008, and also Ambujakshi – the petitioner in W.P.(C) No.20299 of 2008. b) The Manager as well as Ambujakshi would be entitled to move the Government for appropriate interim arrangement to be made in the facts and circumstances of the case. c) If such a petition is filed within a period of ten days, the Government shall dispose of the application for interim relief within a period of two weeks thereafter. W.P.(C) NOS.19943 & 20299 OF 2008 :: 5 :: d) The parties would be entitled to produce such other documents and materials before the Government in support of their respective contentions. e) Petitioners in W.P.(C) No.19943 of 2008 shall produce a copy of that Writ Petition and certified copy of the judgment before the Government. f) The petitioner in W.P.(C) No.20299 of 2008 shall produce before the Government a copy of the Writ Petition filed by her. g) All the contentions of the parties are left open and the reliefs not dealt with while disposing of these Writ Petitions are to be treated as not considered and decided. (K.T.SANKARAN) Judge ahz/