IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 37696 of 2008(K) -------------------------- PETITIONER: ------------------ AJITH WILLS NIRMAL, MANAGER, PRW HIGHER SECONDARY SCHOOL, KATTAKADA, THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.BOSE WILLIAM, S/O.P.RICHAL WILLIAM, RESIDING AT WILLS BHAVAN, NEAR P.R.WILLIAM HIGHER SECONDARY SCHOOL, KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.BHARATHAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. S.V.RAJESH, S/O.F.H.SAMUEL, AGED 28 YEARS, LAB ASSISTANT, PRW HIGHER SECONDARY SCHOOL, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 4. N.S.SEETHA LEKSHMI, W/O.SANTHOSH KUMAR, LAB ASSISTANT, PRW HIGHER SECONDARY SCHOOL, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. R1-2 BY GOVERNMENT PLEADER, SRI.V.T.MOHANAN R3 BY ADV. SRI.P.R.VENKETESH R4 BY ADV. SRI.SANTHAN V.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, ALONG WITH WPC NO. 37356 OF 2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37696 of 2008(K) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF THE JUDGMENT IN WA NO.1005 OF 2001 DATED 9.7.2002 OF THIS HON'BLE COURT. EXT.P2. COPY OF GO (MS) NO.218/2003/G.EDN. DATED 2.8.2003. EXT.P3. COPY OF THE ORDERS OF APPOINTMENT OF RESPNDENTS 3 AND 4 AS LAB ASSISTANTS IN PRW HIGHER SECONDARY SCHOOL, KATTAKADA DATED 1.10.2004. EXT. P4. COPY OF THE ORDERS OF APPOINTMENT OF RESPONDENTS 3 AND 4 AS LAB ASSISTANT IN PRW HIGHER SECONDARY SCHOOL, KATTAKADA DATED 8.9.2004. EXT.P5. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCAITION. EXT.P6. COPY of the ORDER DATED 10.11.2007 IN W.P.(C) N0.30269/2006 OF THIS HON'BLE COURT. EXT.P7. COPY OF G.O. (MS) NO.138/90/G. EDN. DATED 27.6.1990. EXT.P8. COPY OF G.O. (MS) 79/2003/G. EDN DATED 28.3.2003. EXT.P9. COPY OF G.O. (MS) NO.299/299/G EDN DATED 24.9.2004. EXT.P10. COPY OF GOVERNMENT CIRCULAR ISSUED ON 22.12.2005. EHIBIT P11. COPY OF G.O. (MS) 360/05/G EDN DATED 310.2005. EXT.P12. COPY OF GOVERNMENT ORDER DATED 18.12.2007. EXT.P13. COPY OF THE NOTICE OF THIS HON'BLE COURT THE JUDGMENT PASSED BY A LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.(C) NO.10157/2006 DATED 19.12.2008. EXT.P14. COPY OF THE JUDGMENT DATED 12.11.2008 IN W.A. NO.2142/2008 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS : NIL ----------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.37356 & 37696 Of 2008 ----------------------------------------------------- DATED THIS THE 4th DAY OF FEBRUARY, 2011 J U D G M E N T W.P.(C)No.37696/08 is filed by the Manager of a Higher Secondary School and the other Writ Petition is filed by the appointee to the post of Lab Assistant. 2. The question raised herein is with regard to the validity of the impugned orders declining the approval of appointment of the petitioner in W.P.(C)No.37356/2008. 3. Along with I.A.No.2015/11 in W.P.(C)No.37356/08, the petitioner has produced a Government Order dated 8.11.2010 which relates to regularisation of Lab Assistants who were appointed upto the date of the said Government Order. The Government as per the said order has directed that the sanctioned post of Lab Assistants in the Higher Secondary Schools sanctioned from 1990-91 upto 1998-99 will be limited to 'two' from the date of issuance of the order by not filling up vacancies in posts over and above the present sanctioned strength(2) in future. W.P.(C)Nos. 37356 & 37696/08 -2- 4. The impugned orders are, therefore, quashed. There will be a direction to the Director of Higher Secondary Education to pass fresh orders in tune with the said Government Order Exhibit P13 produced in W.P.(C)No.37356/08 within a period of three months from the date of receipt of a copy of this judgment, with notice to the petitioners. The Writ Petitions are disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge