IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 30364 of 2010(U) -------------------------- PETITIONER(S): --------------- M.M.NAJEEB MUHAMMED,S/O.MOHAMMED ISMAIL, AGED 31 YEARS, HIGH SCHOOL ASSISTANT(ARABIC) NAROKAVU HIGH SCHOOL, NAROKAVU, POST KUNNUMMEL POTTY,MALAPPURAM 679 331. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001 . 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, POST MALAPPURAM 676 519. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPAPURAM 679 328. 5. THE MANAGER, NAROKAVU HIGH SCHOOL, NAROKAVU, POST KUNNUMMEL POTTY,MALAPPURAM DISTRICT 679 331. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30364 of 2010 --------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The case of the petitioner is the following : The petitioner was appointed as HSA (Arabic) in Narokavu High School against an additional division vacancy as per Exhibit P1 order of appointment dated 22.8.2008. The District Educational Officer rejected the proposal for approval on three grounds, as per Exhibit P2 order. “1. No addl. post of HSA (Arabic) has been sanctioned to the school for 06-07 as per direction in GO(P) No.317/05 G. Edn. dated 17.8.2005. Hence, the vacancy is not absolute. 2. NHS, Narokkavu is a newly opened one, opened on 28.6.79. Hence, one protected teacher should be appointed in the school. Vide GO 46/06 dated 1.2.2006. The appointee is not a protected teacher or 51A/43 claimant. 3. The appointment from 22.8.2008 onwards does not cover one academic year 08-09. Hence, eligible for daily wages appointment only. Vide GO(P) No.104/08 G. Edn. dated 10.6.2008.” WP(C) No.30364/2010 2 2. The Government passed G.O.(P) No.10/10/Gen. Edn. dated 12.1.2010 lifting the ban on appointment on certain conditions. It is stated by the petitioner that the Manager has executed Exhibit P4 agreement in compliance with G.O.(P) No.10/10/Gen. Edn. It is also stated by the petitioner that there is no protected HSA (Arabic) in Malappuram District. He relies on Exhibits P5 and P5(a) communications in this regard. As regards the 3rd objection raised by the District Educational Officer, the petitioner relies on the decision of this Court in Unninarayanan vs. State of Kerala (2009(2) KLT 604). 3. Challenging the order passed by the District Educational Officer, the Manager filed Exhibit P6 revision dated 8th September 2010 before the Government under Rule 92 of Chapter XIV A of the Kerala Education Rules. Exhibit P6 is pending disposal. The learned Government Pleader submitted that the submission made on 15.10.2010 that the revision was not received by the first respondent was on a mistaken instruction and that Exhibit P6 revision is pending disposal before the Government. WP(C) No.30364/2010 3 4. Though several reliefs are claimed in the Writ Petition, the learned counsel for the Writ Petitioner submitted that for the time being, it would be sufficient, if the Government is directed to dispose of Exhibit P6 revision. Accordingly, the Writ Petition is disposed of as follows : (i) The first respondent shall consider and dispose of Exhibit P6 revision filed by the Manager, after affording an opportunity of being heard to the Manager, the petitioner and any other affected party, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment. (ii) The petitioner shall send a copy of the Writ Petition and certified copy of the judgment to the first respondent. WP(C) No.30364/2010 4 (iii) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fifth respondent Manager by registered post and he shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl