IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 35932 of 2003(C) -------------------------- PETITIONER: --------------------- CORPORATE EDUCATIONAL AGENCY OF SCHOOLS OF DIOCESE OF VIJAYAPURAM, REP. BY ITS CORPORATE MANAGER, REV. FR. FERNANDO KALLUPALAM, VIJAYAPURAM BISHOP'S HOUSE, P.B.NO.82, KOTTAYAM-686 001. BY ADV. SRI.ALEXANDER THOMAS RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. OF KERALA, GENERAL EDUCATION DEPT., GOVT.SECRETARIAT BUILDINGS, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS (D.P.I), THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER (D.E.O.), KATTAPPANA, IDUKKI DIST. BY GOVERNMENT PLEADER ADV. SMT. T.B. REMANY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35932 of 2003(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF G.O.(MS)255/96/G.Edn. dt. 21.8.1996 EXT.P2 : TRUE COPY OF G.O.(MS)No. 59/97G.Edn. DT. 21.02.1997 EXT.P3 : TRUE COPY OF G.O.(Rt) 967/97/G.Edn. dt. 21.03.1997 EXT.P4 : TRUE COPY OF G.O.(MS) No. 183/97/G.Edn. dt. 21.04.1997 EXT.P5 : TRUE COPY OF G.O.(Rt)292/99/G.Edn. dt. 20.01.1999 EXT.P6 : TRUE COPY OF G.O.(Rt) 3907/97 G.Edn. dt. 11.11.1997 EXT.P7 : TRUE COPY OF G.O.(Rt) 3896/97/G.Edn. dt. 11.11.1997. EXT.P8 : TRUE COPY OF ORDER DT. 27.06.1997 OF 3RD RESPONDENT. EXT.P8(a) : TRUE COPY OF ORDER DT. 03.12.1998 OF 3RD RESPONDENT. EXT.P8(b) : TRUE COPY OF ORDER NO.B1/8840/99/ DT. 7..11.2000 OF 3RD RESPONDENT. EXT.P8(c) : TRUE COPY OF ORDER DT.18.12.2001 OF 3RD RESPONDENT. EXT.P9 : TRUE COPY OF G.O.(Rt) 4121/2000/G.Edn. dt. 10.10.2000 EXT.P10: : TRUE COPY OF G.O.(Rt) 2474/2002/G.Edn. dt. 01.08.2002 EXT.P11 : TRUE COPY OF THE STAFF FIXATION ORDER DT. 31.08.2002 OF 3RD RESPONDENT FOR 2002-03. EXT.P12 : TRUE COPY OF ORDER NO. B5-3815/2003/Bills dt. 19.05.2003 of 3rd RESPONDENT. EXT.P13 : TRUE COPY OF G.O.(MS)No. 161/2003/G.Edn. dt. 16.06.2003. EXT.P14 : TRUE COPY OF THE PETITION DT. 04.03.2003 SUBMITTED BY THE PETITIONER TO THE GOVERNMENT. EXT.P15. : TRUE COPY OF THE REPRESENTATION DT. 24.07.2003 SUBMITTED TO THE 2nd RESPONDENT. EXT.P16 : TRUE COPY OF THE STAFF FIXATION ORDER DT. 05.09.2003 ISSUED BY THE 3RD RESPONDENT FOR 2003-04. RESPONDENTS' EXHIBITS EXT.R3 : A TRUE COPY OF LETTER FROM DIOCESE OF VIJAYAPURAM . LETTER NO. 22/2004 DT. 30.06.2004. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 35932 OF 2003 ............................................................................ Dated this the 9th July, 2008 J U D G M E N T The reliefs prayed for in the Writ Petition are the following: “(a) To declare that the directions in exhs.P-12 & P-16 that the appointments in question can be approved only upto 31-3-2003 and that the posts are abolished, etc., are illegal, arbitrary and ultra-vires and to declare that the staff of the Petitioner's High School are entitled to get salary from 1-4-2003 onwards. (b) to call for the records leading to exhs. P-12 & P-16 and to issue a Writ of certiorari or any other appropriate Writ, order or direction to quash exh. P-12 and to quash exh.P-16 to the extent it directs the abolition of the posts sanctioned after 1999-2000. (c) To issue a Writ of mandamus or any other appropriate Writ, order or direction commanding the respondents to pay salary to the Petitioner's staff mentioned in exhs.P-12 & P-15, from 1-4- 2003 onwards. (d) To declare that the staff of the Petitioner School are legally entitled to continue in service in the posts held by them, so long as the posts are admissible as per the statutory provisions in the Kerala Education Rules and that separate sanction from the Govt. on a year to year basis is not required in this regard and to issue a Writ of mandamus or any other appropriate Writ, order or direction directing the respondents not to insist for separate sanction from Govt. on a year to year basis for their continuance in service and their entitlement for salary, so long as the posts held by them are admissible as per the rules. (e) to issue a Writ of mandamus or any other appropriate Writ, W.P.(C) No. 35932 OF 2003 2 order or direction directing the respondents to allow the admissible number of class divisions and posts to the FMHS, Chinnakanal as per the provisions of the KER from 1997-98 onwards. (f) to declare that the conditions imposed in exh.P-13 cannot detrimentally affect the bifurcation of the Petitioner's Schools ordered as per exh.P-3 and to issue a Writ of mandamus or any other appropriate Writ, order or direction directing the respondents to treat the FMHS, Chinnakanal as a bifurcated unit permanently. (g) in the alternative that prayer (f) above is not granted, then to issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the respondents to treat the FMHS, Chinnakanal and the FMLPS, Chinnakanal as a single unit and appropriate directions in this regard may be issued to the respondents. (h) to issue any other appropriate Writ, order or direction as this Honourable Court may deem fit to grant in the ends of justice and equity. “ 2. The petitioner has filed I.A.No.6571 of 2008 with the following prayer: “For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon'ble Court may be pleased to issue directions to direct the 1st respondent to take final decision, in pursuance of the hearing conducted on 17.06.2006, on the issue as to whether the petitioner's school (Fathima Matha High School, Chinnackanal, Idukki District) is to be granted final bifurcation or is to be treated as a single unit, within one month and that the pendency of WP(C) 28931/03, shall not preclude the 1st respondent from taking the aforesaid decision, pending final disposal of the above WP. “ 3. It is submitted by the learned counsel for the petitioner that the Writ Petition W.P.(C) No. 35932 OF 2003 3 itself can be disposed of if the prayer in I.A.No.6571 of 2008 is allowed. 4. Learned Government Pleader expressed a doubt as to whether the same Secretary who is said to have heard the matter would be able to dispose of the matter finally. In that context, learned counsel for the petitioner submits that the petitioner has no objection if the matter is disposed of by another Secretary and that the petitioner waives the right for personal hearing. In the facts and circumstances of the case, the prayer in I.A.No. 6571 of 2008 is allowed and the Writ Petition is disposed of in terms of the prayer so allowed. The first respondent shall pass orders within a period of one month from the date of receipt of a copy of the judgment. K.T. SANKARAN, JUDGE. lk