IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21251 of 2011(F) -------------------------------------- PETITIONER: ------------------- KRISHNAKUMAR .P.P., AGED 45 YEARS, S/O.PARAMESWARAN, HSA (MATHS), G.H.S.S. MARANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.RAJIT. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001, 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 14. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM – 695 004. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21251/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIRCULAR NO.12970/C2/2010/G. EDN. DT. 17/04/2010 ISSUED BY THE R.1. TO THE R.2. EXT.P.2: COPY OF THE JUDGMENT DT. 14/06/2010. EXT.P.3: COPY OF THE ORDER NO. G.O.(RT).NO.4055/2010/G. EDN. DT. 16/09/2010 ISSUED BY THE R.1. EXT.P.4: COPY OF THE JUDGMENT DT. 16/03/2011 IN WRIT APPEAL NO.2070/2010. EXT.P.5: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.5.A: COPY OF THE LETTER BEARING NO.AD.C5/26837/10 DT. 27/01/2011 ISSUED BY THE OFFICE OF THE R.3. EXT.P.6: COPY OF THE ORDER NO. D5/6464/2011/DPI DT. 16/06/2011 ISSUED BY THE R.2. EXT.P.7: COPY OF THE REPRESENTATION DT. 30/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21251/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of August, 2011 J U D G M E N T The petitioner seeks for a direction to recall Ext.P6 and bring out a fresh promotion list excluding the Higher Secondary School Teachers (H.S.S.Ts) whose probation has been declared by the third respondent. Ext.P7 is the representation filed by the petitioner in the matter. 2. He is working as High Schoo1 Assistant (Maths) in the Government Higher Secondary Schoo1, Marancherry in Malappuram District. The petitioner points out that the inclusion of H.S.S.Ts in the ranked list for the post of Headmaster/Assistant Educational Officer is contrary to Rule 26 of Part II of Kerala State and Subordinate Service Rules, 1958. The petitioner is expressing the said grievance in the light of the fact that the petitioner is also in the line of promotion to the post of Headmaster/Assistant Educational Officer. 3. Ext.P6 is the proceedings issued by the second respondent wherein the names of the teachers and their W.P.(C). No.21251/2011 -:2:- present post and the schoo1s to which they are posted are given. According to the petitioner, Serial Nos.18, 19, 21 to 24, 26, 29 to 32, 34 to 36, 39, 40, 42, 49, 52, 80, 115, 166, 188, 212, 214, 244, 249 252, 257, 282, 286 to 288 and 290, who are H.S.S.Ts, are considered for the post of Headmaster/Assistant Educational Officer overlooking the mandatory stipulations in Rule 26 of Part II of K.S. & S.S.R. It is in these circumstances, the petitioner had filed Ext.P7 representation. 4. Learned Government Pleader on getting instructions submitted that unless and until the H.S.S.Ts are confirmed and regularised, the same will not deprive their right for inclusion. In this context, he is relying upon the observations made in the Judgment of a Division Bench of this Court in W.A.No.2070/2010 dated 16/03/2011, a copy of which is produced as Ext.P4, and my attention was invited to para.2 wherein it is stated as follows:- W.P.(C). No.21251/2011 -:3:- “..........We do not find any ground to interfere with the judgment of the learned Single Judge because, the principle is that until the promoted teacher is confirmed and regularised in the Higher Secondary Schoo1, he/she is always free to return to the original cadre, that is, high schoo1 again as teacher irrespective of whether it is a voluntary act or on account of failure to complete probation successfully in the Higher Secondary Schoo1. ..........” Learned Government Pleader therefore submitted that some more time will be required to consider the grievance after verifying various aspects. 5. Therefore, Ext.P7 will be considered by the second respondent and appropriate orders will be passed after verifying all these aspects and a decision will be taken and communicated to the petitioner after hearing the petitioner and other affected parties within a period of two months from the date of receipt W.P.(C). No.21251/2011 -:4:- of a copy of this Judgment. It is made clear that I have not expressed anything on the merits of the matter. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms