IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 8722 of 2009(I) ------------------------------------ PETITIONER(S): --------------------- 1. K.V.REMYA, AGED 26 YEARS, W/O.SUNIL KUMAR, FULL-TIME SANSKRIT TEACHER, VELLORA A.U.P.SCHOOL, P.O.VELLORA, KANNUR DISTRICT 2. MANASH M.K., AGED 21 YEARS, S/O.MADHAVAN, FULL TIME URDU TEACHER, JANAKI MEMORIAL A.U.P.SCHOOL, CHERUPUZHA, P.O.CHERUPUZHA, KANNUR DISTRICT. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMSA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, P.O.PAYYANNUR, KANNUR DISTRICT. 4. THE MANAGER, VELLORA A.U.P.SCHOOL, VELLORA, KANNUR DISTRICT. 5. THE MANAGER, JANAKI MEMORIAL A.U.P. SCHOOL, CHERUPUZHA, KANNUR DISTRICT. R1 TO R3 BY SR.GOVERNMENT PLEADR MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.8722 of 2009 -------------------------------------- Dated 27th March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The first petitioner was appointed as Full time Lower Grade Sanskrit teacher in the fourth respondent's school as per Ext.P1 appointment order dated 4.6.2007 in the retirement vacancy of Smt.M.Monikkutty. According to the first petitioner, the post of Lower Grade Sanskrit Teacher sanctioned in the school was a full time post. However, by Ext.P3 staff fixation order dated 13.7.2004 for the academic year 2004-05, the Assistant Educational Officer, Payyannur converted the post into a part time post. Therefore, the first petitioner's appointment as Full time Sanskrit teacher was not approved. 3. The second petitioner was appointed as Part time Urdu teacher in the fifth respondent's school as per Ext.P7 order dated 4.6.2007 in the retirement vacancy of Sri.K.Mammad Kunhi. According to the second petitioner, the post of Urdu Teacher was a full time post WP(C).No.8722/2009 2 though in the staff fixation order for the academic year 2007-08 the post was converted into a part time post. The petitioners state that the fourth respondent Manager had filed Ext.P5 revision petition before the Director of Public Instruction aggrieved by Ext.P3, but, no order has been passed thereon. The petitioners submit that after they were appointed, they have filed Exts.P13 and P14 representations before the Director of Public Instruction seeking restoration of the posts of Full time Lower Grade Sanskrit and Urdu Teachers in their respective schools. In this writ petition, the petitioners inter alia pray for a direction to the Director of Public Instruction to consider and pass orders on Exts.P5, P13 and P14. 4. The learned Government Pleader appearing for the official respondents submits on instructions received from the Director of Public Instruction that the originals of Exts.P5 and P14 have not been received and that only the original of Ext.P13 representation submitted by the first petitioner has been received by the Director of Public Instruction. He submits that in these circumstances, the reliefs sought by the petitioners cannot be granted. However, having regard to the facts set out in this writ petition, I dispose of this writ petition with the following directions: (1) The second petitioner shall, within one WP(C).No.8722/2009 3 month from today file appropriate representation setting out her claims and contentions, before the Director of Public Instruction . (2) The Director of Public Instruction shall within two months from the date on which the second petitioner files a representation as directed above, consider the same and Ext.P13 representation filed by the first petitioner and pass orders thereon after notice to and affording the petitioners and respondents 4 and 5 a reasonable opportunity of being heard. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS