IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DAY OF DECEMBER 2011/21ST AGRAHAYANA 1933 WPC.No. 21473 of 2005 (F) ========================= PETITIONER: ============= 1 T.J.JOSE, DRAWING TEACHER, ST.THOMAS HIGH SCHOOL PUNNAYAR IDUKKY DISTRICT. BY ADV.SRI.M.P.ASHOK KUMAR RESPONDENTS: ============= 1 STATE OF KERALA, SECRETARIAT, TRIVANDRUM REP. BY THE CHIEF SECRETARY. 2 THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. 3 THE HEADMASTER, ST.THOMAS HIGH SCHOOL PUNNAYAR KANJIKUZHI IDUKKI DISTRICT. 4 THE MANAGER, ST.THOMAS HIGH SCHOOL PUNNAYAR KANJIKUZHI IDUKKI DISTRICT. 5 SRI.ABRAHAM JOSEPH, ST.JEROMIOUS HIGH SCHOOL IDUKKI DISTRICT. R1&R2 BY GOVERNMENT PLEADER BY SMT. C.K.SHERIN SMT.PRIYA RAMESH SRI.V.M.KURIAN SRI.A.V.THOMAS SRI.MATHEW B. KURIAN SRI.K.T.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-12-2011 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No. 21473 of 2005 (F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE APPOINTMENT ORDER DATED 1.7.1986 EXT.P2 : PHOTOCOPY OF THE STAFF FIXATION ORDER DT.23.7.1992 FOR THE YEAR 1992-93 EXT.P3 : PHOTOCOPY OF THE ORDER DATED 20.2.1993 EXT.P4 : PHOTOCOPY OF THE APPEAL DATED 20.1.1995 FILED BEFORE THE 2ND RESPONDENT EXT.P5 : PHOTOCOPY OF THE ORDER DAED 20.5.1996 PASSED BY THE DEO EXT.P6 : PHOTOCOPY OF THE APPEAL DAED 25.6.1996 EXT.P7 : PHOTOCOPY OF THE ORDER DATED 3.1.1997 EXT.P8 : PHOTOCOPY OF THE REPRESENTATION DATED 19.11.2004 SUBMITTED BY THE MANAGEMENT BEFORE THE GOVERNMENT EXT.P9 : PHOTOCOPY OF THE ORDER DATED 28.10.1995 EXT.P10 : PHOTOCOPY OF THE ORDER IN GO(P)112/01 DATED 26.3.2001 EXT.P11 : PHOTOCOPY OF THE PETITIONER DATED 26.3.2001 EXT.P12 : PHOTOCOPY OF THE ORDER DATED 9.11.2000 PASSED BY THE DPI EXT.P13 : PHOTOCOPY OF THE ORDER DATED 5.1.2005 PASSED BY THE GOVERNMENT EXT.P14 : PHOTOCOPY OF THE CIRCULAR DATED 15.5.1990 EXT.P15 : PHOTOCOY OF THE GO(Rt) NO. 3798/2007/G.EDN. / TVM.DT.16.8.2007 EXT.P16 : PHOTOCOPY OF THE GO(RT)NO.2287/2009/G.EDN./TVM DT.10.6.2009 EXT.P17 : TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(RT) 3798/2007 DT.16.8.2007 RESPONDENTS' ANNEXURES: EXT.R5(a) : TRUE COPY OF THE ORDER DATED 3.10.1990 PASSED BY THE JOINT DIRECTOR OF PUBLIC INSTRUCTION EXT.R5(b) : TRUE COPY OF THE ORDER DATED 20.2.1991 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI EXT.R5(c) : TRUE COPY OF THE STAFF FIXATION ORDER DATED 12.7.1989 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, ARAKKULAM FOR THE YEAR 1989-90 EXT.R5(d) : TRUE COPY OF THE STAFF FIXATION ORDER DATED 12.7.1990 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER ARAKKULAM FOR THE YEAR 1990-91 EXT.R5(e) : TRUE COPY OF THE STAFF FIXATION ORDER DATED 14.8.1991 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER ARAKKULAM FOR THE YEAR 1991-92 EXT.R5(f) : TRUE COPY OF THE STAFF FIXATION ORDER DATED 15.7.1992 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, ARAKKULAM FOR THE YEAR 1992-93 EXT.R5(g) : TRUE COPY OF THE STAFF FIXATION ORDER DATED 21.7.1993 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, ARAKKULAM FOR THE YEAR 1993-94 //TRUE COPY// P.A. TO JUDGE jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.P(C)No. 21473 of 2005 ---------------------------------------------------- Dated this the 12th day of December, 2011 J U D G M E N T C.N. Ramachandran Nair , J Writ petition is filed challenging Exts.P12 and P13 issued by the Government declining to approve the appointment of petitioner as a drawing teacher. On going through the records and after hearing the parties what we notice is that petitioner though was appointed as a Drawing Teacher in a Single management school; came under a corporate management in 1990. On account of division fall, the petitioner became disemployed from 1992 onwards. Even though, a vacancy arose subsequently in 1999 and the management appointed the petitioner to that post, respondents refused to approve the appointment because there was a protected teacher senior to the petitioner. The petitioner is challenging the orders issued by the Government refusing the approval of the appointment by the management in preference to the protected senior teacher who was entitled wpc 21473/2005 : 2 : to appointment to the post that arose in the year 1999. After hearing all the parties and after going through the records we do not find any merit in the writ petition because admittedly the petitioner's appointment by the management in 1999 is to a post to which a protected teacher was entitled for appointment. Petitioner does not explain as to why petitioner has preference over the teacher who remain protected on account of loss of job consequent upon division fall. We therefore do not find any merit in the writ petition and consequently it is dismissed leaving it open to the petitioner to make claim against future vacancies, if he is entitled. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN (Judge) jma //True copy// P.A to Judge