IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 35946 of 2010(P) -------------------------- PETITIONER(S): --------------- THE MANAGER MMMSBS, KODUVAYOOR, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD 678 001 4. THE ASSISTANT EDUCATIONAL OFFICER KOLLENGODE 678 506. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- W.P.(C).No.35946 of 2010 -------------------------------------- Dated this the 9th day of December, 2010 JUDGMENT The petitioner is the Manager of MMMSB School, Koduvayoor, Palakkad. As per Exhibit P3 Staff Fixation Order for the academic year 2009-2010, one additional division with post in standard VII and one additional post for Hindi were not sanctioned for the following reasons: “As the Ban on creation of new posts still exists as per G.O.(P) 317/05 Fin. dated 17.8.2005. There is no accommodation to provide one additional division.” 2. Challenging Exhibit P3 Staff Fixation Order, the petitioner filed Exhibit P4 appeal dated 6.10.2009 before the Deputy Director of Education, Palakkad. Exhibit P4 is pending disposal. WPC No.35946/2010 2 3. As per Exhibit P5 Staff Fixation Order for the academic year 2010-2011, five additional posts/divisions and one Hindi post were not sanctioned for the following reasons. “No accommodation for sanction of additional posts/division. HLV has already been conducted. Manager not executed the Bond as per G.O.(P) 10/10/Fin. dated 12.1.2010.” 4. Challenging Exhibit P5 order, the petitioner filed Exhibit P6 appeal dated 22nd October, 2010 before the Deputy Director of Education. Exhibit P6 is also pending disposal. 5. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ in the nature of certiorari to quash Ext.P3 and P5 to the extent it does not sanction additional 5 divisions for the academic year 2009-10. WPC No.35946/2010 3 (ii) issue a writ of mandamus to the third respondent to consider and pass orders on Ext.P4 and P6 appeals filed under Rule 12D of Chapter XXIII of KER within two weeks after affording an opportunity of being heard to the petitioner. (iii) Award cost of this petition.” 6. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if relief No.(ii) is granted leaving open the contentions of the petitioner in respect of the other reliefs. 7. Heard the learned counsel for the petitioner and the learned Government Pleader. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Deputy Director of Education to WPC No.35946/2010 4 consider and dispose of Exhibit P4 appeal dated 6.10.2009 and Exhibit P6 appeal dated 22.10.2010 filed by the 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 petitioner and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. K.T.SANKARAN JUDGE csl