IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 25489 of 2010(I) -------------------------------------- PETITIONER(S): ----------------------- 1. LILLY MATHEW, H.S.A (SOCIAL STUDIES), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 2. JIJO AUGUSTINE, H.S.A. (ENGLISH), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 3. SREEVIDYA. T, H.S.A.(PHYSICAL SCIENCE), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 4. DEEPIKA. M.V, MUSIC TEACHER, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 5. SHAHIDA. A.T, H.S.A. (MATHEMATICS), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 6. RANJITH. K.C, H.S.A. (P.E.T), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 7. JISHA. P.K., H.S.A. (MATHEMATICS), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 8. MOOSAKUTTY PUTHUALAPPAN, H.S.A. (ARABIC), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 9. PRASANTHKUMAR. T, H.S.A. (HINDI), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 10. SUPRIYA. V.S, H.S.A. (SOCIAL STUDIES), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. WP(C).No. 25489 of 2010(I) 11. SMT.NASARI. A, H.S.A. (N.S), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 12. SUNI CHACKO. M.C, H.S.A. (MALAYALAM), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 13. NIMA. A.M, H.S.A.(MATHEMATICS), AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 14. NISHA JOSEPH, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 15. BINDU JASEELA, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 16. PATHUMMA SUHARA, THANDUPURAKKAL, F.T.C.M, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 17. SARITHA MATHEWS, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 18. SINDHU. K.P., U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 19. ABDUL SHAREEF. M, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 20. JASIR BABU THANDUPARACKAL, L.D. CLERK, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 21. UMMER KOLLODUKA, S.T.C.M, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 22. PRAVEEN. P., L.D.CLERK, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 23. PHEBA K.SOLOMON, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. WP(C).No. 25489 of 2010(I) 24. DHANYA. U, U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. 25. ANEESH. T.P., U.P.S.A, AHS, PAREL MAMPTTUMOOLA, KOORAD, MALAPPURAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE MANAGER, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, P.O.KOORAD, MANHAPPETTY, MALAPPURAM DISTRICT. 5. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. R1 TO R3 & R5 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 25489 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 1ST PETITIONER. EXT.P2: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 2ND PETITIONER. EXT.P3: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 3RD PETITIONER. EXT.P4: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 4TH PETITIONER. EXT.P5: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 5TH PETITIONER. EXT.P6: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 6TH PETITIONER. EXT.P7: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 7TH PETITIONER. EXT.P8: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 8TH PETITIONER. EXT.P9: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 9TH PETITIONER. EXT.P10: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 10TH PETITIONER. EXT.P11: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 11TH PETITIONER. EXT.P12: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 12TH PETITIONER. EXT.P13: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 13TH PETITIONER. EXT.P14: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 14TH PETITIONER. EXT.P15: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 15TH PETITIONER. EXT.P16: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 16TH PETITIONER. (P.T.O.) WP(C).No. 25489 of 2010(I) EXT.P17: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 17TH PETITIONER. EXT.P18: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 18TH PETITIONER. EXT.P19: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 19TH PETITIONER. EXT.P20: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 20TH PETITIONER. EXT.P21: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 21ST PETITIONER. EXT.P22: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 22ND PETITIONER. EXT.P23: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 23RD PETITIONER. EXT.P24: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 24TH PETITIONER. EXT.P25: COPY OF THE APPOINTMENT ORDER DATED 02/06/2008 ISSUED BY THE MANAGER TO THE 25TH PETITIONER. EXT.P26: COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.126/2006/G.EDN. DATED 05/04/2006. EXT.P27: COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2008- 09. EXT.P28: COPY OF THE ORDER NO.K.DIS A3/3305/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 1ST PETITIONER. EXT.P29: COPY OF THE ORDER NO.K.DIS.A3/3304/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 2ND PETITIONER. EXT.P30: COPY OF THE ORDER NO.K.DIS.A3/3303/2008 DATED 03/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 3RD PETITIONER. EXT.P31: COPY OF THE ORDER NO.K.DIS A3/3300/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 4TH PETITIONER. EXT.P32: COPY OF THE ORDER NO.K.DIS. A3/3298/2008 DATED 03/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 5TH PETITIONER. EXT.P33: COPY OF THE ORDER NO.K.DIS. A3/3306/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 6TH PETITIONER. EXT.P34: COPY OF THE ORDER NO.K.DIS. A3/4180/2008 DATED 03/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 7TH PETITIONER. (P.T.O.) WP(C).No. 25489 of 2010(I) EXT.P35: COPY OF THE ORDER NO.K.DIS. A3/3308/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 8TH PETITIONER. EXT.P36: COPY OF THE ORDER NO.K.DIS. A3/3311/2008 DATED 12/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 9TH PETITIONER. EXT.P37: COPY OF THE ORDER NO.K.DIS. A3/3310/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 10TH PETITIONER. EXT.P38: COPY OF THE ORDER NO.K.DIS. A3/3309/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 11TH PETITIONER. EXT.P39: COPY OF THE ORDER NO.K.DIS. A3/3317/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 12TH PETITIONER. EXT.P40: COPY OF THE ORDER NO.K.DIS. A3/3302/2008 DATED 03/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 13TH PETITIONER. EXT.P41: COPY OF THE ORDER NO.K.DIS. A3/3314/2008 DATED 09/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 14TH PETITIONER. EXT.P42: COPY OF THE ORDER NO.K.DIS. A3/3316/2008 DATED 27/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 15TH PETITIONER. EXT.P43: COPY OF THE ORDER NO.K.DIS. A3/3321/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 16TH PETITIONER. EXT.P44: COPY OF THE ORDER NO.K.DIS. A3/3301/2008 DATED 09/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 17TH PETITIONER. EXT.P45: COPY OF THE ORDER NO.K.DIS. A3/3313/2008 DATED 27/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 18TH PETITIONER. EXT.P46: COPY OF THE ORDER NO.K.DIS. A3/3318/2008 DATED 27/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 19TH PETITIONER. EXT.P47: COPY OF THE ORDER NO.K.DIS. A3/3320/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 20TH PETITIONER. EXT.P48: COPY OF THE ORDER NO.K.DIS. A3/3322/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 21ST PETITIONER. EXT.P49: COPY OF THE ORDER NO.K.DIS. A3/3319/2008 DATED 17/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 22ND PETITIONER. EXT.P50: COPY OF THE ORDER NO.K.DIS. A3/3312/2008 DATED 27/02/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 23RD PETITIONER. EXT.P51: COPY OF THE ORDER NO.K.DIS. A3/3315/2008 DATED 09/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 24TH PETITIONER. (P.T.O.) WP(C).No. 25489 of 2010(I) EXT.P52: COPY OF THE ORDER NO.K.DIS. A3/3299/2008 DATED 09/03/2009 OF THE D.E.O., WANDOOR REJECTING THE APPOINTMENT OF THE 25TH PETITIONER. EXT.P53: COPY OF THE STATUTORY REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT, DATED 30/04/2009. EXT.P54: COPY OF THE JUDGMENT IN WP(C) NO. 29296/2009. EXT.P55: COPY OF THE GOVERNMENT ORDER , G.O.(RT)2991/10/G.EDN. DATED 09/07/2010. EXT.P56: COPY OF THE JUDGMENT IN W.A. NO. 183/2010. EXT.P57: COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN SLP.34001/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.25489 Of 2010 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition is filed by the respective teachers of a school managed by the 4th respondent, which is an aided school. They were appointed by various orders which have been produced as Exhibits P1 to P25. The petitioners except petitioners 20, 21 and 22 are teaching staff and petitioners 20, 21 and 22 are non-teaching staff of the 4th respondent-school. They were appointed as per Exhibits P1 to P25 orders. The various appointment orders were placed for grant of approval before the Educational Officer, who rejected them as per Exhibits P26 to P52 orders. Finally, the matter reached the Government and the Government passed Exhibit P55 order, which is impugned in the Writ Petition. 2. In paragraph No.12 of Exhibit P55, it is stated that the High School Section of the school was upgraded during 2006-07. As per G.O.(P)No.178/2002/G.Edn. dated 28.6.2002 all such vacancies are to be filled up with protected teachers only. It is further stated that though the ban in approval of appointment in W.P.(C)No.25489/10 -2- additional division vacancies from 2006-07 imposed as per G.O. (P)No.317/2005/G.Edn. dated 17.8.2005 was lifted as per GO(P) No.10/10/G.Edn. dated 12.1.2010, it was envisaged that the approval of appointment should be in accordance with the provisions in G.O.(P)No.1782002/G.Edn. and G.O.(P) 46/2006/G.Edn. 3. The learned counsel for the petitioner submitted that the issue whether protected teachers had to be appointed in the vacancies is covered by the decision of this Court in Moosakutty v. D.E.O., Wandoor (2009(3) KLT 863) wherein one of the teachers of the very same school was the petitioner. The said judgment was taken up in appeal by the State, which was dismissed as per Exhibit P56 judgment by the Division Bench. The matter was taken up before the Apex Court and the Special Leave Petition was also dismissed as evident from Exhibit P57. Therefore, the said judgment has become final. 4. In the light of the above, the learned counsel for the petitioner prayed that the impugned orders may be set aside and the matter may be directed to be reconsidered by the Government. 5. The learned Government Pleader submitted that one W.P.(C)No.25489/10 -3- of the grounds for rejection of approval is that appointments of senior hands have not been approved. The learned counsel for the petitioner submitted that with respect to the senior hands also similar directions have been issued by this Court and the matter was directed to be considered by the Government itself. In that view of the matter, Exhibit P55 is quashed. There will be a direction to the Government to reconsider the matter in the light of the decision of this Court in Moosakutty's case (supra), which is confirmed in the Writ Appeal filed before this Court and by the Apex Court in Exhibit P57 judgment. The Writ Petition is accordingly disposed of. Appropriate orders will be passed after hearing a representative of the petitioners and the Manager within a period of three months. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge