IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25123 of 2008(N) -------------------------------- PETITIONER: ------------- MANAGER, CENTRAL U.P.S. NATTIKA BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENTS: ---------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, VIDYABYASA BHAVAN, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR 3. THE A.E.O, VALAPPAD BY GOVT PLEADER SRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. ------------------------------------------------- W.P.C. No 25123 of 2008 - N ------------------------------------------------ Dated this the 20th August 2008 JUDGMENT The petitioner is the Manager of an aided U.P school. It is stated that a post of part-time Sanskrit teacher was sanctioned in the school during the academic year 1973-74 and Smt P.G. Vasanthi was appointed in the said post on 04.06.1973. It is also stated that the post became full time post during the academic year 1975-76. The petitioner states that during 1998-99 due to shortage of students the Sanskrit post was converted to part time post with full time benefit to the teacher. Ext. P1 is the staff fixation order passed by the third respondent for the academic year 2005-06 as per which the post of Sanskrit teacher was abolished. Challenging Ext P1 order the petitioner filed an appeal to the Deputy Director of Education, but the appeal was dismissed. The petitioner filed a revision against that order before the Director of Public Instruction who disposed of the same as per Ext. P2 order. 2. It is stated that by the time Ext P2 order was issued, third respondent had issued staff fixation order for the academic year 2006-07 as per Ext. P3 which shows that the post of Sanskrit teacher stood WPC 25123/08 2 abolished with effect from 2005-06. It is also stated that even after the issuance of Ext. P2, the third respondent issued staff fixation order for the academic year 2007-08, as per Ext. P4, stating that the Sanskrit post in the school stood abolished from 2005-06. The petitioner is also aggrieved by Ext P4 staff fixation order in respect of the sanctioning of the post of L.P.S.As and U.P.S.As. He relies on the decision of this court in Rejimol v. A.E.O (2004 (2) KLT 899) and contends that the staff fixation order in that respect is illegal. After the issue of Ext P4, third respondent passed Ext P5 order sanctioning the part time post of Sanskrit teacher for the academic year 2005-06. 3. Challenging Ext P4, the petitioner filed Ext. P6 appeal which was dismissed as per Ext P7 order dated 22.04.2008. Challenging Ext P7 order the petitioner preferred Ext P8 revision dated 02.08.2008before the first respondent and the same is pending disposal. 4. The reliefs prayed for in the writ petition are the following: i) a writ of certiorari or any other appropriate writ, order or direction to quash Exts. P3, P4 and P9 staff fixation orders passed by the third respondent. ii) a writ of certiorari or any other appropriate writ, order or WPC 25123/08 3 direction to quash Ext. P7 order passed by the second respondent. iii) a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent to sanction part time Sanskrit post in the school with full time benefit with effect from the academic year 2005-06 continuously. iv) a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent to sanction three posts of LPSAs and 3 posts of UPSAs in the school for the academic years 2007-08 and 2008-09 and to continue the same pattern so long as the Headmaster of the school is from LPSA. v) a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to consider the issues raised in Ext P8 revision and pass orders compelling the respondents 2 and 3 to apply the decision thus arrived at for all subsequent academic years in future. vi) any other appropriate writ, order or direction as this Honourable Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs. 5. Relief No. (i) is for the issue of a writ of certiorari or any other appropriate writ, order or direction to quash Exts. P3, P4 and P9. Ext. P3 has lost its significance in view of Ext P5 order passed in favour of the petitioner. Therefore, there is no necessity to interfere with Ext P3 for the present. As against Ext P4 order the petitioner had filed Ext P6 appeal which was disposed of as per Ext.P7 order and the petitioner has challenged the same in Ext. P8 WPC 25123/08 4 revision. Ext. P8 revision is pending. Therefore the relief to issue a writ of certiorari to quash Ext P4 would not be maintainable at this stage. Ext. P9 order is appealable. As an effective alternative remedy is available to the petitioner against Ext P9 the prayer to quash Ext P9, cannot be entertained at this stage. At the same time, the relief No (v) can be granted in the facts and circumstances of this case. 6.Therefore, the writ petition is disposed of as follows: The Director of Public Instruction shall dispose of Ext. P8 revision filed by the petitioner as expeditiously as possible and at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner and any other person who is likely to be affected. The petitioner shall produce a copy of the writ petition and certified copy of the judgment before the first respondent. The petitioner is permitted to produce such other documents and materials as are relevant before the first respondent. Sd/- K.T. SANKARAN Judge 20/08/2008 en [true copy] WPC 25123/08 5 Appendix Petitioner's exhibits: Ext.P1 - True copy of the staff fixation order passed by the third respondent on 13.07.2005 for the academic year 2005-06 Ext.P2 - True copy of the order dated 27.11.2005 passed by the first respondent. Ext.P3 - True copy of the staff fixation order 2006-07 dated 20.7.2006 issued by the third respondent Ext.P4 - True copy of staff fixation order 2007-08 dated 13.7.2007 passed by the third respondent. Ext.P5 - True copy of the order dated 7.9.2007 passed by the third respondent. Ext.P6 - True copy of the appeal preferred by the petitioner before the second respondent along with the application for condonation of delay dated 27.11.2007. Ext.P7 - True copy of order passed by the second respondent on 22.04.2008 Ext.P8 - True copy of revision petition preferred by the petitioner to the first respondent on 2.8.2008 Ext.P9 - True copy of staff fixation order dated 31.7.2008 for 2008-09 passed by the third respondent. [true copy]