IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 31538 of 2008(D) --------------------------------------- PETITIONERS: --------------------- 1. N.N.SALEEM, MANAGER, C.H.M.K.S.M.U.P.SCHOOL, NANDANKIZHAYA, PALAKKAD DISTRICT. 2. E.K.HARIDAS, MANAGER, E.K.E.M.U.P.SCHOOL, THALUR, KUDALLUR, PALAKKAD DISTRICT. 3. P.SUMANGALA MENON, MANAGER, V.R.C.M.U.P. SCHOOL, VALLANGHY, KOLLENGODE, PALAKKAD DISTRICT. 4. V.VIVEK, MANAGER, V.A.L.P.SCHOOL ALUVASSERY, NEMMARA P.O., PALAKKAD DISTRICT. 5. R.RADHA, MANAGER, A.U.P.SCHOOL, PANAGATTIRI, KOLLENGODE, PALAKKAD DISTRICT. 6. K.DIVAKARAN, MANAGER, A.L.P.SCHOOL, MALAYAMPALLAM, KOLLENGODE, PALAKKAD DISTRICT. 7. T.O.BHASKAR, MANAGER, M.G.L.P.SCHOOL, M.PUDUR, GOVINDAPURAM, PALAKKAD DISTRICT. 8. M.S.SWAMINATHAN, MANAGER, M.M.M.S.B. SCHOOL, KODUVAYUR, KOLLENGODE, PALAKKAD DISTRICT. 9. N.REMA, MANAGER, A.M.S.M.M. T.T.I (W), KODUVAYUR, PALAKKAD DISTRICT. 10. T.A.BHARGAVI AMMA, MANAGER, V.M.HIGH SCHOOL, VADAVANNUR P.O PALAKKAD DISTRICT. W.P.(C). NO.31538/2008-D: 11. T.K.GOPINATHAN, MANAGER, D.M.S.B.SCHOOL, KAKKAYUR, KOLLENGODE, PALAKKAD DISTRICT. 12. C.BHASKARAN NAIR, MANAGER, A.L.P.SCHOOL, ETHANUR WEST, PALAKKAD DISTRICT. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, ADVS.MR. J.R.PREM NAVAZ, SMT.SMITHA GEORGE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, PALAKKAD. 5. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 6. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. R1 TO R6 BY GOVT. PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31538/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P).NO.169/2004/G. EDN. DTD. 15/06/2004 ISSUED BY R.1. EXT.P.2: COPY OF THE G.O.(P).NO.31/06/EDN. DTD. 19/01/2006 ISSUED BY R.1. EXT.P.3: COPY OF THE G.O.(P).NO.104/2008/G. EDN. DTD. 10/06/2008 ISSUED BY R.1. EXT.P.4: COPY OF THE ORDER NO. B/1538/2008 K. DIS. DTD. 17/09/2008 BY THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE G.O.(P).NO.121/2005/G. EDN. DT. 16/04/2005. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.31538/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of July, 2009 J U D G M E N T This writ petition is filed challenging Exts.P1 to P3 Government Orders whereby certain provisions have been specified in regard to appointment of teachers and the conditions under which the approval can be granted. 2. The matter is now covered by the decision of the Division Bench of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). The effect and validity of Ext.P3 G.O was considered therein and it was held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminus with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. In the case of the writ petitioners in these cases, orders, if any passed, approving their appointments on daily wage basis, W.P.(C). No.31538/2008 -:2:- relying on Ext.P2 Government Order are quashed. All appointments, whether pending approval or already rejected, shall be considered/reconsidered by the Educational Officers concerned and fresh orders shall be passed in the light of the declaration of law made by us in W.P.(C) No.25176 of 2008. The salary found due to be paid to the incumbents concerned shall be released immediately. The action in this regard shall be completed within six weeks from the date of production of a copy of this judgment.” 4. In the light of the declaration of law made by the Division Bench, it may not be necessary for this Court to go into the validity of Exts.P1 and P3. It is clarified that the dictum laid down by the Division Bench in Unni Narayanan's case (2009 (2) KLT 604), will squarely apply to the petitioners in this case also. If the petitioners want to challenge the individual orders of rejection of approval, it is upto them to challenge the same before the appropriate authority wherein they can seek the benefit of the directions issued by the Division Bench. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE ms