IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 18010 of 2010(A) ----------------------------------------- PETITIONER(S): ------------------------- 1. SREEKALA.K. HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 2. SHEENA SALAM T.T. U.P.SCHOOL ASSISTANT, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 3. SANGEETHA B.S., HIGH SCHOOL ASSISTANT (ENGLISH), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 4. SHEREENA K. HIGH SCHOOL ASSISTANT (ENGLISH), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 5. REMLATH K., FULL TIME MENIAL, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 6. JANEES.T.K., PEON, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 7. VIDHU.P., HIGH SCHOOL ASSISTANT (MATHEMATICS), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. Kss ..2/- ..2.... WPC.NO.18010/2010 A 8. BABU THOMAS, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 9. UMMERKUTTY T.K., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 10. MUJEEB RAHMAN V.P. HIGH SCHOOL ASSISTANT (ARABIC) AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 11. VIBIN ZACHARIA, U.P.S.A. AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 12. JASNA K.C., U.P.S.A. AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 13. SHEEJA.K., HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 14. SHAJI.K.C., HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 15. MOHAMMED RAFEEQUE C.P., HIGH SCHOOL ASSISTANT (URDU), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 16. MOOSAKUTTY PUTHUVALAPPAN, UPPER PRIMARY SCHOOL ASSISTANT, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. Kss ..3/- ..3.... WPC.NO.18010/2010 A 17. SAHIRA T.K., U.P.S.A., AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 18. NAZARI A., U.P.S.A., PROBATIONARY, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 19. MADHU C.V., HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 20. SALEENA T.A., HIGH SCHOOL ASSISTANT, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 21. SREEVIDYA, U.P.S.A., AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 22. JIJO AUGUSTINE, U.P.S.A., PROBATIONARY, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 23. MARSHEED BABU.C., H.S.A.(MALAYALAM) AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. 24. PATHUMMA SUHARA, FULL-TIME MENIAL, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ---------------------------- 1. THE MANAGER, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, P.O. KOORAD, MALAPPURAM DISTRICT - 39. Kss ...4/- ..4... WPC.NO.18010/2010 A 2. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.SAJJAD R2 TO R5 BY GOVERNMENT PLEADER SRI. M.H.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18010/2010 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 1ST PETITIONER. P2: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 2ND PETITIONER. P3: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 3RD PETITIONER. P4: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 4TH PETITIONER. P5: COPY OF APPOINTMENT ORDER DTD. 5/06/2006 ISSUED BY THE MANAGER TO THE 5TH PETITIONER. P6: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 6TH PETITIONER. P7: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 7TH PETITIONER. P8: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 8TH PETITIONER. P9: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 9TH PETITIONER. P10: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 10TH PETITIONER. P11: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 11TH PETITIONER. P12: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 12TH PETITIONER. P13: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 13TH PETITIONER. P14: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 14TH PETITIONER. Kss ..2/- ..2... WPC.NO.18010/2010 A P15: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 15TH PETITIONER. P16: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 16TH PETITIONER. P17: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 17TH PETITIONER. P18: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 18TH PETITIONER. P19: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 19TH PETITIONER. P20: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 20TH PETITIONER. P21: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 21ST PETITIONER. P22: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 22ND PETITIONER. P23: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 23RD PETITIONER. P24: COPY OF APPOINTMENT ORDER DTD. 4/06/2007 ISSUED BY THE MANAGER TO THE 24TH PETITIONER. P25: COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.126/2006 /G/EDN. DTD. 5/04/2006. P26: COYP OF THE JUDGMENT DTD. 5/07/2007 IN WRIT PETITION, WP(C) NO. 20672/07. P27: COPY OF G.O.(RT) NO.3586/08/G.EDN. DTD. 5/08/2008. P28: COPY OF G.O.(MS) 203/08/G.EDN. DTD. 11/12/2008. P29: COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2007-2008. Kss ..3/- ..3... WPC.NO.18010/2010 A P30: COPY OF THE PETITION FILED BY THE MANAGER BEFORE THE GOVERNMENT DTD. 11/12/2007. P31: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 1ST PETITIONER. P32: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER. P33: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 3RD PETITIONER. P34: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER. P35: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 5TH PETITIONER. P36: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 6TH PETITIONER. P37: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 7TH PETITIONER. P38: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 8TH PETITIONER. P39: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 9TH PETITIONER. P40: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 10TH PETITIONER. P41: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 11TH PETITIONER. P42: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 12TH PETITIONER. P43: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 13TH PETITIONER Kss ....4/- ..4... WPC.NO.18010/2010 A P44: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 14TH PETITIONER. P45: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 15TH PETITIONER. P46: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 16TH PETITIONER. P47: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 17TH PETITIONER. P48: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 18TH PETITIONER. P49: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 19TH PETITIONER. P50: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 20TH PETITIONER. P51: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 21ST PETITIONER. P52: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 22ND PETITIONER. P53: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 23RD PETITIONER. P54: COPY OF THE ORDER ISSUED BY THE D.E.O., WANDOOR REJECTING APPROVAL OF APPOINTMENT OF THE 24TH PETITIONER. P55: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DTD. 6/06/2008. P56: COPY OF THE G.O.(RT) NO.1300/10/GEN.EDN. DTD. 22/03/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 18010 OF 2010 ......................................................................... Dated this the 2nd December, 2010 J U D G M E N T The petitioners are challenging Ext. P56 order dated 22.03.2010 stated as passed in compliance with the direction given by this Court as per the judgment dated 02.02.2010 in W.P.(C) No. 3168 of 2009 and seeks for a direction to be given to the second respondent to approve the appointments of the petitioners in the categories of HSA/UPSA/Part Time Menial w.e.f. their respective dates of appointments covered by Exts. P1 to P24. 2. The factual position revealed from the Writ Petition is that the first respondent School was upgraded as a 'High School' with effect from the year 2006-07 as per Ext. P25 Government Order. Thereafter, all the appointments effected till the year 2006-07 were approved as per Ext. P28 Government Order. The issue is only with regard to the appointment and approval of the teachers w.e.f. the year 2007-08 onwards. 3. The main point of dispute is that there was a ban W.P.(C) No. 18010 OF 2010 2 imposed by the Government with regard to the appointment in aided schools and it was stipulated that the vacancies could be filled up only by appointing protected teachers. However, taking note of the subsequent developments, the said ban was lifted by the Government, as per the relevant Government Order dated 12.01.2010 ( a copy of which has been made available before the Court by the learned Counsel for the petitioner). When the issue came up for consideration before this Court earlier, in W.P.(C) 3168 of 2009, it was disposed of, directing the Government to consider the issue in the light of the aforesaid Government Order dated 12.01.2010 and to pass appropriate orders. Pursuant to the above verdict, Ext. P56 order dated 22.03.2010 was passed, rejecting the request of the petitioners to approve their appointments for the year 2007-08 which in turn is under challenge in this Writ Petition. 4. Heard the learned Government Pleader as well 5. The learned Counsel for the petitioners submits that even a cursory look of Ext. P56 would reveal that the said order has been passed by the Government in total disregard to the W.P.(C) No. 18010 OF 2010 3 mandate of the Government Order dated 12.01.2010 and without any regard to the specific directions given by this Court, vide the judgment dated 02.02.2010 in W.P.(C) No. 3168 of 2009, though a reference is seen made to the said verdict in the impugned order. 6. The Government Order dated 12.01.2010, stipulated under 'clause (v)' that, so as to approve the appointments effected in the aided schools during the period 2006-07 to 2009-10, a certificate in the manner specified and attested by a 'Notary', agreeing to appoint equal number of 'protected teachers ' in respect of the forthcoming vacancies which may arise in the academic year 2010-11 onwards, was to be produced. What has been stated in Ext.P56 is extracted below: “The U.P. Section of the school started during 1984 and as such one protected teacher has to be deployed as per G.O.(P) No.46/2006/G.Edn. The High School was started during 2006-'07, being a 'new school', all posts are to be filled up by protected teachers. In G.O. (Rt) No.4483/2009/G.Edn, it is found that two posts of UPSAs (additional division ) two posts HSAs W.P.(C) No. 18010 OF 2010 4 (additional post for Std. VIII) and six posts of HSA (for Std.IX) are admissible . The posts of HSAs are to be filled up by protected teachers only. The two posts of UPSAs are only posts to be considered in terms of GO(P)No.10/10/G.Edn. But these posts also cannot be sanctioned, even if the manager complies with the conditions in Ext.P58 (G.O(P)No.10/10/G.Edn), as the UPSAs are promoted and posted as HSAs in the vacancies that are to be filled up by protected teachers.” From the above, it is very much clear that the Government, while passing Ext.P56, has virtually omitted to realise the scope and extent of the Government Order dated 12.01.2010 and was rather proceeding on a misconception that the concerned vacancies ought to have been filled up by 'protected teachers'. It is the case of the petitioners that the requirement mentioned in the Government Order dated 12.01.2010 stands already satisfied by submitting necessary certificates duly attested by a Notary in the stamp paper, as specified, agreeing to appoint equal number of protected teachers in respect of the forthcoming vacancies which may arise in the academic year 2010-11 W.P.(C) No. 18010 OF 2010 5 onwards. In view of the undertaking given by the school that equal number of protected teachers will be appointed in the school in respect of the vacancies that may arise from the academic year 2010-11 onwards, the observation made by the Government in Ext.P56 that the concerned vacancies ought to have been filled up by 'protected teachers' in respect of the academic years 2007 -08 onwards, is not correct or sustainable, and it is liable to be set a side. 7. This Court finds that the matter requires to be re- considered by the Government, as ordered by this Court vide judgment in W.P.(C) 3168 of 2009. Accordingly, Ext. P56 is set aside. The 5th respondent is directed to re-consider the matter with specific reference to the Government Order dated 12.01.2010 with regard to the approval sought for by the petitioners in the light of the observations made above. Final orders, as above, shall be passed, after giving an opportunity of hearing to the representative of the petitioners, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of the judgment. The petitioners shall W.P.(C) No. 18010 OF 2010 6 produce a copy of this judgment before the 5th respondent, also suggesting the name of the representative to be heard and for further steps, forthwith. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk