IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 5138 of 2009(J) ------------------------- PETITIONER(S): --------------- ABDUL VAHIDKUTTY A, S/O. HANEEFA, AGED 48 YEARS, NEJIYA MANZIL, PERUMBUZHA P.O., KOLLAM 691 504. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. COMMISSIONER, SECRETARY TO GOVERNMENT, GENERAL EDUCATION (SPECIAL) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR, EDUCATION, KOLLAM. 4. DISTRICT EDUCATIONAL OFFICER,. KOLLAM. 5. THE MANAGER MGD BOYS HIGH SCHOOL,KUNDARA BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.5138 OF 2009 ------------------------------ Dated this the 22nd day of September, 2010 JUDGMENT The petitioner states that he was working as High School Assistant (Arabic) in MGD Boys High School, Kundara. It is stated that during 1981-82 Arabic was introduced for the first time in Standard V in the school and the petitioner was appointed as Part-Time Arabic language teacher on 14.9.1981. That appointment was approved. It is stated that during 1982-83 and 1983-84, Arabic was introduced in Standards VI and VII. Post of Arabic teacher was continued as Part Time. During 1984- 85, the petitioner was selected for LTT Training as per Ext.P1 proceedings dated 1.6.1984 of the Director of Public Instruction. The petitioner was relieved from the school for the purpose of training as per Ext.P2 relieving order. The case of the petitioner is that he was not allowed to join duty after the training on the ground that there was no sanctioned post. As per Ext.P4 order W.P.(C).No.5138 OF 2009 2 dated 25.1.1986 passed by the Deputy Director of Eduction, the post of High School Assistant(Arabic) was abolished and a Part Time High School Assistant (Arabic) post was created. Challenging Ext.P4 order, the petitioner filed an appeal before the Director of Public Instruction. The Director of Public Instruction passed Ext.P5 order dated 4.6.1986. The relevant portion of that order was reads as follows: “Sri.Abdul Vahid Kutty, the formerly Arabic teacher in the School was undergoing training (L.T.T.C.) during 1984-85. There was no Arabic Teacher in the School for 84-85. There was no post also. As such there should not have been public learning Arabic in standards VI, VII and IX in the School, the sanction of 9 post of HSA Arabic during 1985-86 was quite opposed to facts. The Deputy Director (Education) Quilon abolished the post of an the above ground. It was in order there is no fresh reason to interfere in the decision of the Deputy Director (Education) Quilon and here the request of the Manager for a post of HSA(Arabic) is rejected.” 2. In this Writ Petition, the petitioner challenges Exts.P4 and P5 apart from other reliefs. The main relief being for the issue of a writ of W.P.(C).No.5138 OF 2009 3 certiorari to quash Exts.P4 and P5 orders which were passed on 25.1.1986 and 4.6.1986 respectively, I do not think that it is proper to entertain the Writ Petition at this distance of time. No grounds are made out to explain the delay. For the aforesaid reasons, the Writ Petition is dismissed. It is made clear that the dismissal of this Writ Petition would not disable the petitioner from pursuing any other remedy in accordance with law. K.T.SANKARAN, JUDGE. cms