IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 35518 of 2009(M) -------------------------- PETITIONER(S): --------------- MAHESH T.S., AGED 31 YEARS, S/O.T.P.SURYA NARAYANAN, TEACHER, R.K.A.U.P.SCHOOL THATHRAMKAVIL KUNNU, KONIKAZHI, PALAKKAD DISTRICT. RESIDING AT LAXMI NILAYAM, KONGAD, PALAKKAD DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, PALAKKAD. 5. THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY, PALAKKAD. 6. THE HEADMASTER, R.K.A.U.P.SCHOOL, THATHRAMKAVIL KUNNU, KONIKAZHI, PALAKKAD DISTRICT. 7. THE MANAGER, R.K.A.U.P.SCHOOL, THATHRAMKAVIL KUNNU, KONIKAZHI, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI.T.T.MUHAMMED SRI.MATHEW KURIAKOSE FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35518 of 2009(M) APPENDIX PETITIONER'S EXTS: EXT.P1:- COPY OF APPOINTMENT ORDER DTD.6.6.06 BEARING ENDORSEMENT OF AEO NO.D.DIS.F 4349/06 DTD.15.12.2006 EXT.P1(a):- COPY OF CERTIFICATE DTD.30.11.09 ISSUED BY R6 HEADMISTRESS EXT.P1(b):- COPY OF TIME TABLE FOR THE ACADEMIC YEAR 06-07 ISSUED BY R6 EXT.P1(c):- COPY OF TIME TABLE FOR THE ACADEMIC YEAR 07-08 ISSUED BY R6 EXT.P1(d):- COPY OF TIME TABLE FOR THE ACADEMIC YEAR 08-09 ISSUED BY R6 EXT.P1(e):- COPY OF TIME TABLE FOR THE ACADEMIC YEAR 09-10 ISSUED BY R6 EXT.P2:- COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER EXT.P3:- COPY OF THE PROCEEDINGS DTD.26.3.07 OF R2. EXT.P4:- COPY OF THE REVISION PETITION DTD.21.5.07 EXT.P5:- COPY OF THE COMMUNICATION NO.28057/E2/07/G.EDN. DTD.31.10.2009 EXT.P5(a):- ORDER NO.D.DIS/C2667/08 DTD.4.2.2009 ISSUED BY AEO, SHORNUR EXT.P6:- COPY OF GO(MS)220/2010/G.EDN. DTD.4.11.2010 RESPONDENTS EXTS: EXT.R3(a):- COPY OF GO(MS) NO.98/88/GEN.EDN. DTD.19.5.1988 /TRUE COPY/ P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35518 Of 2009 H ----------------------------------------------------- DATED THIS THE 14th DAY OF MARCH, 2011 J U D G M E N T The plea raised by the petitioner to convert the Part Time post of Sanskrit Teacher as Full Time one by applying Group 'C' diversion having been rejected by the Director of Public Instructions and by the Government by Exhibit P5 order, this Writ Petition has been filed. 2. The petitioner was appointed in the school in the year 2006. The order Exhibit P1 shows that the appointment was approved as a Part Time one. 3. It appears that against the staff fixation order passed by the Assistant Educational Officer, the petitioner approached the Director of Public Instructions by filing a revision petition as per Exhibit P2, seeking for a direction to convert the Part Time post to a Full Time one with effect from 6.6.2006. This was disallowed by Exhibit P3 order stating that in the staff fixation order there are only 12 periods for Sanskrit for which a Part Time post alone is admissible. It is also mentioned that there is no W.P.(C)No.35518/09 -2- statutory provision to convert periods from one subject to another. A revision petition filed against the same as per Exhibit P4 resulted in Exhibit P5 order. 4. The learned counsel for the petitioner submitted that in Exhibits P3 and P5 orders, the real issue was not addressed by the Director of Public Instructions or by the Government. In the school there is only one Physical Education Teacher and there are no teachers in Group C subjects like Draft, Music and Drawing. The petitioner has produced Exhibit P1(b) to P1(e) time tables for academic years 2006-07, 2007-08, 2008-09 and 2009- 10 to contend that the petitioner is being utilised to engage students during the periods earmarked for Group C subjects like Draft, Music and Drawing. 5. The learned counsel for the petitioner further submitted that the plea that Group C diversion is not permissible is incorrect in the light of G.O.(MS)No.43/78/G.Edn. dated 13.4.1978. Therein after adverting to the request of the Canannore District Sanskrit Seva Sangham, the Government ordered to extend the concession granted to Arabic teachers to Sanskirt Teachers also in UP and High Schools. There is no W.P.(C)No.35518/09 -3- dispute that the said order is in force even today. Therefore, the order passed by the Director of Public Instructions is not correct. 6. The affidavit filed by the Manager shows that there is only one Group C post, namely Physical Education Teacher and all other Group C periods are lying vacant and it is very much possible to grant Full Time status to the petitioner. It is also stated that by virtue of the aforesaid Group C diversion, none of the teachers are going to be affected. It will not affect the Physical Education Teacher also. 7. In the counter affidavit filed by the 3rd respondent, what is mentioned in paragraph 5 is that Government passed Exhibit R3(a) order withdrawing the upgradation of part time post in language categories. But it also shows that the said order is cancelled vide Government Order G.O.(MS)124/88 G.Edn.dated 20.7.1988. 8. The learned Government Pleader submitted that there was no proposal from the Manager for conversion of Group C subjects and the matter was actually taken up by the petitioner against the staff fixation order. W.P.(C)No.35518/09 -4- 9. Evidently, therefore, there should have been a proposal from the Manager. Now that the Manager has filed an affidavit before this Court that Group C diversion is possible, the matter can be reconsidered by the authorities concerned. 10. In that view of the matter,Exhibits P3 and P5 orders are quashed. The Manager will forward the proposal to the Government and the Government will reconsider the matter afresh after notice to the Manager and the petitioner . If the Manager forwards the proposal within a period of one month, the same will be considered by the Government and appropriate orders will be passed within a further period of three months. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn