IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 25648 of 2008(C) PETITIONERS: 1. RAJAN E.M, PD TEACHER, GOVT.TTI FOR MEN, MANANCHIRA, KOZHIKODE DIST. 2. RAGINI K, PD TEACHER ,GOVT. LP SCHOOL, OORAKAM, KIZHUMURI, MALAPPURAM DISTRICT. 3. MOHAMMED ALI NARANGADAN, ASSISTANT TEACHER, AUP SCHOOL VADAKKUMPURAM, VALANCHERY, MALAPPURAM DISTRICT. 4. SEEMANTHINI C., PD TEACHER, GOVT. HSS PERASSANUR, KUTTIPURAM, MALAPPURAM DISTRICT. 5. SUSAN THAMBI K, PD TEACHER, GOVT UP SCHOOL, ATHAVANAD, KUTTIPURAM, MALAPPURAM DISTRICT. 6. DEEPA NAPPALLI, PD TEACHER, GOVT. HSS NADUVANNUR, KOZHIKODE DISTRICT. 7. MANZOOR ALI P., PD TEACHER, GOVT UP SCHOOL THENKARA, PALAKKAD DISTRICT. 8. PRASEETHA B.S, PD TEACHER, GOVT H.S.S. KODUVALLY, KOZHIKODE DISTRICT. 9. AMEER ALI KADERI, UPSA, ST. GEMMA'S GIRLS HSS, MALAPPURAM, MALAPPURAM DISTRICT. 10. VIDYA P.M., PD TEACHER, GOVT LP SCHOOL, MAITHRA, MALAPPURAM DISTRICT. 11. SINDHU S,. P.D. TEACHER, GOVT LP SCHOOL CHENOTH, REC (PO), KOZHIKODE DISTRICT. 12. REMA DEVI K.P., P.D TEACHER, GOVT UPS, THIRUVANNUR, KOZHIKODE DISTRICT. 13. VANAJA K.K.,PD TEACHER, GOVT UPS, TRIKKULAM, CHEMMAD, MALAPPURAM DISTRICT. 14. ROSHIN MATHEW, PD TEACHER, ALPS THALAYAD KOZHIKODE DISTRICT. 15. FAISAL K, JUNIOR ARABIC TEACHER, GOVT LP SCHOOL, PANAMARAM, WAYANAD DISTRICT. 16. USHA PUTHANPARAMBATH, PD TEACHER GOVT LP SCHOOL THENCHERI, AREACODE, MALAPPURAM DIST. 17. SHAMEERA K.M., PD TEACHER, JDT ISLAM LP SCHOOL, VELLIMADUKUNNU, KOZHIKODE DISTRICT. 18. AYSHA M, PD TEACHER, GOVT UPS PATHAPIRIAM, MALAPPURAM DISTRICT. 19. ANJALI S., PD TEACHER, GOVT UPS VENNIYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.R.SREEJITH SRI.K.B.SAJEESH RESPONDENTS: 1. THE PRINCIPAL, GOVERNMENT COLLEGE OF TEACHER EDUCATION, KOZHIKODE. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT. STANDING COUNSEL FOR UNIVERSITY SRI.P.C.SASIDHARAN GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25648 OF 2008 C -------------------------------------------- Dated this the 2nd September, 2008 JUDGMENT The petitioners are P.D.Teachers, a Junior Arabic Teacher and an Assistant Teacher working in different Government Schools. As per Ext.P1 order dated 17.9.2007, issued by the Director of Public Instructions, the petitioners were selected for B.Ed. Training Course under the Departmental quota 2007-08. Necessary leave was also sanctioned to the petitioners for undergoing the Course. The orders sanctioning the leave have not been produced by the petitioners. 2. The case of the petitioners is that though the duration of the Course is from 12.11.2007 to 15.10.2008, as they have completed 80% attendance for the B.Ed. Course, they can be relieved from the Course and allowed to rejoin duty after cancelling the leave. The petitioners rely on Ext.P2 Course Certificate issued by the Principal of the Government College of Teacher Education, Kozhikode in support of the contention. Ext.P2 is a Certificate in respect of the second petitioner. Ext.P4 representation was submitted by the petitioners to the Principal of Government College of Teacher Education, Kozhikode for relieving them to enable them to rejoin duty in the respective schools. The Principal forwarded the said representation to the Director of Public Instructions W.P.(C) NO.25648 OF 2008 C :: 2 :: along with Ext.P4 covering letter dated 9.7.2008. In that letter it is stated that the University has informed that the duration of the Course is from 12.11.2007 to 15.10.2008. It is also stated that there is no objection to relieve the students if they have completed 80% attendance for B.Ed. Course. The petitioners rely on Ext.P3 letter dated 23.7.2007, issued by the Director of Public Instructions to the Principals of the Government College of Teacher Education, Thiruvananthapuram and Kozhikode, permitting to relieve the Departmental quota students for the year 2007- 08, if the students have acquired sufficient attendance. 3. The Director of Public Instructions has not disposed of Ext.P4 representation. The reliefs prayed for by the petitioners in the Writ Petition are the following: “a) Declare that the petitioners are entitled to permission for relieving of Departmental quota students similar to Ext.P3 order in the light of Ext.P2 and consequent to Ext.P4. b) Declare that the 2nd respondent is not justified in not issuing an order similar to Ext.P3 granting permission for relieving of Departmental quota students despite Ext.P4. c) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to issue orders on Ext.P4 in terms with Ext.P2 and P3 at any rate on or before 27.8.2008 to enable the petitioners to join their respective school on or before 29.8.2008. W.P.(C) NO.25648 OF 2008 C :: 3 :: d) Grant such other reliefs which this Hon'ble Court may deem fit and necessary to grant in the circumstances of the case; and e) To award the cost of these proceedings to the petitioner.” 4. Learned Government Pleader, on instructions, submits that the reliefs prayed for in the Writ Petition are not liable to be granted. He submits that students are expected to continue the Course up to the last date and they cannot be relieved mid way and allowed to rejoin duty in the schools. He adds that a permission granted in the previous year, which was quite illegal, cannot be taken as a precedent for granting similar relief to the petitioners when the petitioners are not legally entitled to such a relief. Learned Government Pleader points out that a writ of mandamus cannot be issued on the basis of a wrong precedent and a case of discrimination cannot be founded on an illegal order. 5. I am of the view that the declaration as prayed for by the petitioners cannot be granted at this stage. It is for the Director of Public Instructions to consider Ext.P4 and take a view in the matter and pass appropriate orders. The Director of Public Instructions shall consider the contentions of the petitioners, Ext.P4 letter issued by the Principal and all the facts and circumstances of the case including the purpose for which the leave was granted, the period for which the leave was granted W.P.(C) NO.25648 OF 2008 C :: 4 :: etc. and take a final decision in the matter. Since an urgent decision by the Director of Public Instructions is requested for, learned counsel for the petitioners has stated that the petitioners have waived the right to be heard before the Director of Public Instructions. The Director of Public Instructions shall take a final decision in the matter within a period of two weeks from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instructions. The Writ Petition is disposed of as indicated above. (K.T.SANKARAN) Judge ahz/