IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 1705 of 2009(C) PETITIONERS : 1. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI, BISHOP'S HOUSE, PALAI P.O., KOTTAYAM DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, FR.JOSEPH ENTHANAL, SHALOM PASTORAL CENTRE, PALAI P.O., KOTTAYAM DISTRICT. 2. P.T.THOMAS, MUSIC TEACHER, L.F.H.S., VADAKARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 3. SR.CICILIAMMA ZACHARIA, H.S.A.(SS), L.F.H.S., VADAKARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 4. ASHA EMMANUEL, H.S.A (ENGLISH), L.F.H.S., VADAKARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 5. MARYKUTTY K.P., PHYSICAL EDUCATION TEACHER, L.F.H.S., VADAKARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 6. M.V.SEBASTIAN, FULL TIME MANIEL, L.F.H.S., VADAKARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 7. JOLLY PHILIP, H.S.A (MATHS), S.P.H.S. MUTHOLAPURAM, KOOTHATTUKULAM ERNAKULAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO DEPARTMENT OF SCHOOL EDUCATION, SECRETARIAT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, ERNAKULAM. 3. DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. ADDL.R4 IMPLEADED: 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. ADDL.R4 IMPLEADED AS PER ORDER DATED 2/2/2009 IN I.A.NO.1416/09. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1705 OF 2009 C ------------------------------------------------------ Dated this the 2nd February, 2009 JUDGMENT The first petitioner is the Manager of Corporate Educational Agency, Diocese of Pala. L.F.H.S., Vadakara and St.Paul's High School, Mutholapuram are schools under the said Educational Agency. Petitioners 2 to 6 are working in L.F.H.S., Vadakara and the 7th petitioner is working in St.Paul's High School, Mutholapuram. It is stated that the Schools were originally Girls High Schools. As per Exts.P1 and P2 orders passed by the Government, the Management was permitted to admit boys also in the Schools with certain conditions. 2. It is stated that during the academic year 2008-09, staff fixation orders were issued considering the strength of the students excluding boy students. By the staff fixation orders, only sixteen divisions were allowed in L.F.H.S., Vadakara and only eleven divisions were allowed in St.Paul's High School, Mutholapuram. Exts.P11 and P12 are the staff fixation orders. Aggrieved by the staff fixation orders, the first petitioner preferred statutory appeals before the Deputy Director of Education. Those appeals were dismissed as per Exts.P13 and P14 orders. W.P.(C) NO. 1705 OF 2009 C :: 2 :: 3. The petitioners have filed I.A.No.1415 of 2009 seeking to produce additional documents as Exts.P16 to P18. Challenging Exts.P13 and P14 orders, the first petitioner has filed Exts.P16 and P17 Revision Petitions before the Director of Public Instruction. Those Revision Petitions are pending disposal. 4. The reliefs prayed for by the petitioners are the following: “(i) Quash the conditions in Ext.P1 and P2 that no additional financial commitment shall be caused to Government by admitting boys students at L.F.H.S. Vadakara and St.Paul's H.S., Mutholapuram, as unconstitutional. (ii) Quash the Ext.P11 and P12 orders passed by the 3rd respondent and Ext.P13 and P14 orders passed by the 2nd respondent as arbitrary and illegal. (iii) To declare that the Ext.P9 and P10 proposals for staff fixation submitted by the 1st petitioner are not violative of Ext.P1 and P2 Government Orders. (iv) Issue writ of mandamus directing the Respondents to approve the Ext.P9 and P10 proposals for staff fixation submitted by the 1st petitioner. (v) Issue writ of mandamus directing the Respondents to disburse salary and arrears of salary with interest to petitioners No.2 to 7 immediately within the time limit fixed by this Honourable Court. (vi) Issue writ of mandamus directing the Respondents No.2 and 3 to pay damages to the petitioners for the loss suffered by them due to the illegal and arbitrary acts of respondent No.2 and 3. (vii) Issue such other writ, order or direction that this Honourable Court deems fit in the circumstances of the case.” W.P.(C) NO. 1705 OF 2009 C :: 3 :: 5. Learned counsel for the petitioners submitted that the petitioners confine their relief for the present, to a direction to the Director of Public Instruction to dispose of Exts.P16 and P17 Revision Petitions expeditiously, leaving open the right of the petitioners to press for the other reliefs at the appropriate stage. Learned Government Pleader submitted that the Director of Public Instruction would dispose of Exts.P16 and P17 Revision Petitions expeditiously. Accordingly, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Exts.P16 and P17 Revision Petitions filed by the first petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners. b) The petitioners shall produce certified copy of the judgment, a copy of the Writ Petition and copy of I.A.No.1415 of 2009 before the Director of Public Instruction. c) It is made clear that the contentions put forward in the Writ Petition are left open to be considered at the appropriate stage. W.P.(C) NO. 1705 OF 2009 C :: 4 :: d) The petitioners would be entitled to put forward all the contentions which are available to them including the applicability of Ext.P18 judgment to the facts of the case. (K.T.SANKARAN) Judge ahz/