IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 8158 of 2010(T) ------------------------------- PETITIONER: -------------- K.V.SUNITHA, PART TIME SANSKRIT TEACHER, HUPS POYILINGAPARAMBU, AZHKODE, KODUNGALLUR. BY ADVS. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHAMANI SRI.P.N.APPUKUTTAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT, GENERAL EDUCAITON DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCAITNAL OFFICER, IRINJALAKUDA, 3. THE ASST.EDUCATIONAL OFFICER, KODUNGALLOOR. 4. THE MANAGER, HUPS POYILINGAPARAMBU, AZHIKODE, KODUNGALLUR. BY ADVS. SRI.V.E.ABDUL GAFOOR FOR R4 SRI.A.MOHAMMED SAVAD FOR R4 SMT. M.T. SHEEBA, GOVERNMENT PLEADER FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8158/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 1.1.04. EXT. P2 : COPY OF ORDER DTD. 3.1.07 ISSUED BY R2. EXT. P3 : COPY OF ORDER DTD. 2.8.08 ISSUED BY R3. EXT. P4 : COPY OF ORDER DTD. 6.4.09 ISSUED BY R1. EXT. P5 : COPY OF ORDER DTD. 31.7.09 ISSUED BY R3. EXT. P6 : COPY OF INFORMATION FURNISHED BY DEPUTY DIRECTOR OF EDUCATION, TRICHUR DTD. 1.3.10. EXT. P7 : COPY OF INFORMATION FURNISHED BY District Educational Officer, KODUNGALLOOR DTD. 9.3.10. EXT. P8 : COPY OF INFORMATION FURNISHED BY Assistant Educational Officer, KODUNGALLOOR DTD. 25.6.10. EXT. P9 : COPY OF APPROVAL ORDER OF E.I. UMAIBAN DTD. 2.6.03. EXT. P10 : COPY OF APPOINTMENT ORDER OF BANSIR N.I. DTD. 2.6.03. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8158 OF 2010 --------------------------------------- Dated this the 3rd day of December, 2011. J U D G M E N T The petitioner challenges the orders Exts.P4 and P5 by which the approval of appointment is restricted from 20.11.2007, the date of appointment of a protected hand. 2. The petitioner was appointed as part time Sanskrit Teacher with effect from 01.01.2004 in the resignation vacancy of the former part time Sanskrit Teacher namely, Smt.E.A.Umaiban as per Ext.P1. According to the petitioner, as on the date of her appointment, there was no protected teacher in the concerned Educational Sub District awaiting approval in the said category. The request for approval of appointment was rejected and the appeal filed against the said order was disposed of as per Ext.P2. 3. It is discernible from Ext.P2 order that there is a direction to approve the appointment of the petitioner from 01.01.2004. It is the case of the petitioner that the approval was again delayed for want of approval of resignation of former part W.P.(C) No.8158/2010 2 time Sanskrit Teacher which was finally approved by order dated 02.08.2008. 4. The crucial question is whether the denial of approval from the date of appointment is justified. With regard to the non appointment of a protected hand, what is alleged in the counter affidavit of the 1st respondent in paragraph 8 is that at the time of appointment of the petitioner with effect from 01.01.2004, some deployed protected teachers were working in the Government schools in the Sub District. If the Manager had contacted the Deputy Director of Education, Thrissur at that time, he could have got one of the deployed protected teachers to be appointed in the school. 5. The petitioner has filed a reply affidavit wherein Ext.P8 reply given by the Assistant Educational Officer is produced. The same is issued under the Right to Information Act. Evidently, the details furnished therein will show that as on 01.01.2004 in the said Sub District, no protected part time Sanskrit Teacher was available. No deployment of part time Sanskrit Teacher has been made as on 01.01.2004 and no appointment of part time W.P.(C) No.8158/2010 3 protected teachers has been made as on 01.01.2004 in the aided schools in the Sub District. 6. Evidently, it is a case where no protected hand was available in the said category. Apart from that, there is no averment in the counter affidavit that a list of protected teachers was communicated to the Manager for enabling the Manager to make appointment. What is averred in the counter affidavit is only that the Manager did not approach the Deputy Director. 7. This Court in Nadeera vs. State of Kerala (2011 (3) KLT 790) has considered an identical question in detail. From paragraph 14 onwards, various judgments of this Court holding the view that in the absence of communication of a list of protected teacher, the Manager cannot be found fault for not appointing a protected hand have been taken note of. This Court, after considering various Government Orders regarding deployment of protected teachers, has taken the view that non availability of protected hand may not be a ground to deny approval of appointment of a qualified teacher from the date of appointment. The said principles are squarely applicable here. W.P.(C) No.8158/2010 4 8. Herein, there is a sanctioned post of part time Sanskrit Teacher and the vacancy arose due to resignation. Ext.P3 order approving resignation will show that it is approved from 21.11.2003. 9. In that view of the matter, this writ petition is allowed. The impugned order Ext.P5 to the extent to which the petitioner is denied approval from the date of appointment is quashed. There will be a direction to approve the appointment of the petitioner from 01.01.2004. Appropriate orders will be passed approving the appointment as directed above within a period of two months from the date of receipt of a copy of this judgment. One of the prayers made in the writ petition is to grant the benefit as a Full Time Sanskrit Teacher. The petitioner points out that by diversion of Group C subjects, a full time post of Sanskrit Teacher could be sanctioned in the school. This is a matter which the petitioner will have to take up before the appropriate authorities. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp