IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5597 of 2009(T) --------------------------------------- PETITIONER(S): ------------------------ V.PRABHAKARAN H.S.A. (URDU) M.N.K.M.HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. BY ADVS. MR.P.K.SURESH KUMAR, MR.V.C.MADHAVANKUTTY. RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. MANAGER, M.N.K.M. HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.5597 of 2009 ===================== Dated this the 20th day of February, 2009. JUDGMENT The petitioner is presently working as High School Assistant (Urdu) in the fourth respondent's school. He has approved continuous service since 1.6.1989. During the academic year 2007-2008 the post held by him was converted into a Part-time post for want of adequate student strength. During the academic year 2008-2009 there was a further fall in the student strength. Therefore, by Ext.P1 staff fixation order passed on 18.11.2008, the District Educational Officer abolished the post of Part- time High School Assistant (Urdu) with effect from 15.7.2008. It was ordered that the petitioner will be eligible for protection and deployment to other schools in terms of GO(P) No.175/99/G.Edn. dated 26.7.1999, a copy of which is on record as Ext.P4. 2. Aggrieved by Ext.P1, the petitioner has filed Ext.P2 revision petition before the Director of Public Instruction under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules, hereinafter referred to as the “KER” for short, and the said revision petition is pending. The petitioner submits that there are 19 students in the school who have taken Urdu as WP(C) 5597/09 -: 2 :- their second language and that having regard to the fact that the students who have taken Urdu as their second language have to appear for the S.S.L.C. Examination in that paper and in terms of Exts.P4 and P5 Government orders, the petitioner should be permitted to continue as a protected teacher in the fourth respondent's school. 3. Rule 12E (3) of Chapter XXIII of the KER empowers the Director of Public Instruction to revise Ext.P1 staff fixation order. The petitioner has invoked that remedy. Though on the terms of Rule 6F of Chapter XXIII of the KER, it may not be possible for the respondents to sanction a Full-time post or a Part-time post of Urdu teacher in the school, in my opinion, the respondents have to bear in mind the fact that 19 students who have taken Urudu as their second language are studying in the school and consider whether the petitioner can be deployed as a protected teacher in his parent school itself at least on clubbing arrangement. Even if the petitioner is deployed to any other school, the Government will have to pay him salary. As the petitioner has already moved the Director of Public Instruction, it is for the Director to consider whether such an arrangement can be made taking into account the welfare of the students also. 3. In the result, I dispose of this Writ Petition with a direction to the Direction of Public Instruction to dispose of Ext.P2 revision petition filed by the petitioner from Ext.P1 staff fixation order and pass orders thereon within two months from the date on which the petitioner WP(C) 5597/09 -: 3 :- produces a certified copy of this judgment. Needless to say, the petitioner shall also be afforded an opportunity of being heard in the matter. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 21/2