IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9246 of 2009(A) ------------------------------------ PETITIONER(S): ----------------------- 1. SHYMABI.N.P, AGED 32 YEARS, W/O.MUSTHAFA FULL-TIME URDU TEACHER,KURUMATHUR SOUTH.U.P.SCHOOL P.O.KURUMATHUR, KANNUR DISTRICT. 2. AMEENA MAJEED.P.K, AGED 26 YEARS, W/O.LATHEEF, FULL-TIME URDU TEACHER,KADALAYI SOUTH U.P.SCHOOL, P.O.KADALAYI, KANNUR DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR.PO, KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O.TALIPARAMBA,KANNUR DIST. 5. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH,P.O.KANNUR-2. 6. THE MANAGER,KURUMATHUR SOUTH U.P.SCHOOL, P.O.KURUMATHUR, KANNUR DISTRICT. 7. THE MANAGER,KADALAYI SOUTH U.P.SCHOOL, P.O.KADALAYI, KANNUR DISTRICT. BY SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.9246 of 2009 ===================== Dated this the 23rd day of March, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel for the petitioners and Sri. A.J. Varghese, the learned Government Pleader appearing for respondents 1 to 5. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 6 and 7. 2. The petitioners are teachers appointed by respondents 6 and 7 respectively. The first petitioner was appointed as Full-time Urdu teacher as per Ext.P1 appointment order dated 2.6.2008 against a retirement vacancy in the school managed by the sixth respondent. The second petitioner was appointed as Full-time Urdu teacher by Ext.P3 appointment order dated 7.6.2008 in the school managed by the seventh respondent. Though the petitioners were appointed as Full-time Urdu teachers, in the staff fixation orders evidenced by Exts.P2 and P4, the Assistant Educational Officer, Kannur sanctioned only part-time posts. Therefore, the petitioners' appointments were approved only as part-time teachers. The petitioners have aggrieved by the staff fixation orders to WP(C) 9246/09 -: 2 :- the extent they sanction only Part-time posts and also the order passed by the Assistant Educational Officer approving their appointments only as Part-time Urdu teachers, filed Exts.P10 and P11 before the Director of Public Instruction. In this Writ Petition, the petitioners inter alia pray for a direction to the Director of Public Instruction to consider Exts.P10 and P11 and pass orders thereon after affording them and respondents 6 and 7 an opportunity of being heard. 3. Rule 12E(3) of Chapter XXIII of the Kerala Education Rules empowers the Director of Public Instruction to revise orders relating to staff fixation. Rule 8A of Chapter XIV A of the Kerala Education Rules empowers the Director of Public Instruction to revise orders relating to approval of appointments. As the petitioners have in Exts.P10 and P11 revision petition invoked the said jurisdiction of the Director of Public Instruction, the Director of Public Instruction is bound to entertain Exts.P10 and P11 and pass orders thereon expeditiously. Exts.P2 and P4 staff fixation orders relate to the academic year 2008-09. The said academic year is coming to a close. I am therefore of the opinion that the Director of Public Instruction should pass orders on the revision petitions expeditiously. I accordingly dispose of this Writ Petition with a direction to the Director of Public Instruction to consider Exts.P10 and P11 revision petitions and pass orders thereon after affording the petitioner and respondents 6 and 7 a reasonable opportunity of being heard. Final WP(C) 9246/09 -: 3 :- orders in the matter shall be passed within four months from the date on which the petitioners produce a certified copy of this judgment before the Director of Public Instruction. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess