IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33596 of 2011(Y) -------------------------------- PETITIONER: -------------- M.V.RAVEENDRAN, S/O. GOPALAN NAIR, AGED 40 YEARS, PRIMARY DEPARTMENTAL TEACHER, GOVT. U.P. SCHOOL, P.O. ATHAVANA, KUTTIPPURAM EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT - 676 301. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM - 676 519. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33596/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF FINAL SENIORITY LIST OF PRIMARY TEACHERS 2007-08 DTD. NIL. EXT. P2 : COPY OF SENIORITY LIST OF PRIMARY TEACHERS 2008-09 DTD. NIL. EXT. P3 : COPY OF SENIORITY LIST OF PRIMARY TEACHERS 2009-10 DTD. NIL. EXT. P4 : COPY OF ORDER No.A2/24087/2010 OF DEPUTY DIRECTOR DTD. 31.1.11. EXT. P5 : COPY OF ORDER No.A3/25846/11/DPI OF R2 DTD. 21.5.11. EXT. P6 : COPY OF REVISION FILED BEFORE GOVT. DTD. 29.8.11. EXT. P7 : COPY OF REPRESENTATION FILED BEFORE HON'BLE MINISTER DTD. .9.11. EXT. P8 : COPY OF G.O.(P) 220/05/G.EDN OF GOVT. DTD. 19.7.05. EXT. P9 : COPY OF G.O.(P) 165/08/G.EDN OF GOVT. DTD. 19.9.08. EXT. P10 : COPY OF G.O.(P) 160/09/G.EDN OF GOVT. DTD. 4.8.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33596 OF 2011 --------------------------------------- Dated this the 15th day of December, 2011. J U D G M E N T The petitioner is working as Primary Departmental Teacher. The qualifications of the petitioner are M.A in Malayalam, B.Ed in Social Science and State Eligibility Test in Malayalam. It is submitted that the petitioner is eligible to be promoted as High School Assistant (Malayalam). 2. Exts.P1 to P3 are the seniority lists of Primary Teachers for promotion to the cadre of High School Assistant (Malayalam) for the years 2007-2008 upto 2009-2010. Therein, the petitioner's name has been included. It is averred that the petitioner's name was not included in the list for 2010-2011. Even though the petitioner approached the Deputy Director of Education by filing a representation, the same was rejected by Ext.P4. An appeal was taken up before the Director of Public Instruction which also stands rejected by Ext.P5 and finally the petitioner has filed Ext.P6 revision petition before the W.P.(C) No.33596/2011 2 Government. As no orders have been passed on Ext.P6, the petitioner has filed a representation as per Ext.P7 before the Minister for Education. It is stated that the same has been forwarded to the Secretary to the Government, General Education Department as per letter No.7610/2011/M(Edn) dated 29.10.2011. 3. It is the case of the petitioner that as far as teachers in the core subjects are concerned, the Government has issued Ext.P9 order stating that those teaching and non teaching staff who entered into Aided/Government School in regular vacancy before 19.07.2005 and had acquired B.Ed in different subjects before that date, aspiring promotion/appointment by promotion as H.S.A in subjects excluding H.S.A (English) are exempted from B.Ed in the concerned subject. The petitioner seeks for a similar treatment. Learned counsel for the petitioner submits that there had not been any consideration of the grievance in a proper manner. It is also pointed out that the Government alone can rectify the anomaly as far as language teachers are concerned. There will be a direction to the Government to take a W.P.(C) No.33596/2011 3 decision on Ext.P6, after hearing the petitioner expeditiously, at any rate, before finalising the list for the year 2010-2011. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp