IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21476 of 2006(F) --------------------------------------- PETITIONER(S): ---------------------- 1. K.C. ASOKAN, S/O. K.N.C. EZHUTHACHAN, AGED 45 YEARS, PRIMARY TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, BIG BAZAR, PALAKKAD DISTRICT. 2. DR. E.N. UNNIKRISHNAN, HIGH SCHOOL ASSISTANT (SANSKRIT), GOVERNMENT HIGH SCHOOL, CHALISSERY, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. R1 TO R4 BY GOVT. PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21476 of 2006(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(RT) NO.3923/96/G.EDN. OF THE GOVERNMENT. EXT.P2: COPY OF THE ORDER NO.B2/5428/94 OF THE DIST. EDL. OFFICER, PALAKKAD. EXT.P3: COPY OF THE ORDER NO.A4-38738/93 OF THE DY. DIRECTOR OF EDUCATION, PALAKKAD. EXT.P4: COPY OF THE ORDER NO.A3/12030/97 OF -DO-. EXT.P5: COPY OF THE ORDER NO.A3/2025/98 OF -DO-. EXT.P6: COPY OF THE REPRESENTATION OF 1ST PETITIONER BEFORE THE GOVERNMENT. EXT.P6(a): COPY OF THE -DO- -DO-. EXT.P6(b): COPY OF THE -DO- -DO-. EXT.P6(c): COPY OF THE -DO- BY THE 2ND PETITIONER. EXT.P7: COPY OF THE LETTER NO.B2/37401/2001/DPI OF THE 2ND RESPONDENT. EXT.P7(a): COPY OF THE LETTER NO. B4-34244/02 OF THE 3RD RESPONDENT. EXT.P8: COPY OF THE G.O.(MS) NO.76/92/G.EDN. OF THE GOVERNMENT. EXT.P9: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 14622/2005-N. EXT.P10: COPY OF THE HEARING NOTICE NO.4992/B3/01/05/GE OF THE GOVERNMENT. EXT.P11: COPY OF THE ARGUMENT NOTES OF THE 1ST PETITIONER. EXT.P11(a): COPY OF THE -DO- BY THE 2ND PETITIONER. EXT.P12: COPY OF THE G.O.(RT) NO.2301/06/G.EDN. OF THE GOVERNMENT. EXT.P13: COPY OF THE ORDER NO.D.DIS.5005/57/EHD OF THE GOVERNMENT. EXT.P13(a): COPY OF THE G.O.(MS) NO.205/EDN. OF THE GOVERNMENT. EXT.P13(b): COPY OF THE G.O.(MS) NO.484/65/EDN. OF THE GOVERNMENT. EXT.P13(c): COPY OF THE G.O.(MS) NO.479/70/S. EDN. OF THE GOVERNMENT. EXT.P13(d): COPY OF THE G.O.(MS) NO.142/71/S. EDN. OF THE GOVERNMENT. (P.T.O.) WP(C).No. 21476 of 2006(F) EXT.P14: COPY OF THE G.O.(MS) NO.192/93/GE OF THE GOVERNMENT. EXT.P14(a): COPY OF THE G.O.(RT) NO.3741/02/G.EDN. OF THE GOVERNMENT. EXT.P14(b): COPY OF THE G.O.(RT) NO.710/88/G.EDN. OF THE GOVERNMENT. EXT.P15: COPY OF THE G.O.(MS) NO.76/92/G.EDN. OF THE GOVERNMENT. EXT.P15(a): COPY OF THE PROCEEDINGS ORDER NO.B5-33757/B2 OF THE DY. DIRECTOR. EXT.P15(b): COPY OF THE ORDER NO.RB-15625/78 OF THE DIST. EDL. OFFICER. EXT.P15(c): COPY OF THE G.O.(RT) NO.3278/02/G.E. OF THE GOVERNMENT. EXT.P15(d): COPY OF THE G.O.(RT) NO.1093/03/GE OF THE GOVERNMENT. EXT.P16: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 8684/1987-H. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.21476 OF 2006 ---------------------------------------------- Dated this the 4th day of August, 2011 JUDGMENT The petitioners were teachers of an aided school, which was closed down. On such closure, the Government deployed them to Government Schools. But, the petitioners were not absorbed in Government service. The petitioners filed representations, which were rejected. The petitioners filed W.P.(C)No.14622/2005, in which this Court directed the Government to consider the claim of the petitioners for absorption in Government service. By Ext.P12, the petitioners' claim was rejected. That is under challenge in this writ petition. The petitioners submit that in several other similar cases, teachers have been absorbed in Government service and the same benefit should be extended to the petitioners also. The petitioners also take a contention that Ext.P12 order was not passed by the person, who heard the petitioners and therefore, Ext.P12 order is violative of principles of natural justice. W.P.(C)No.21476/06 2 2. The learned Government Pleader would submit that the Government has not yet taken a policy decision to absorb the teachers of closed aided schools, in Government service. His contention is that the instances pointed out by petitioners are isolated instances, at a time when closure of aided schools was not that frequent. But now-a-days more and more aided schools are being closed and therefore the Government is not in a position to absorb all those employees of aided schools into Government service. Regarding the contention of violation of principles of natural justice, the learned Government Pleader submits that in view of the fact that it is an institutional decision, the fact that another person passed order may not be much material. 3. I have considered the rival contentions in detail. It is true that as per the decisions in vogue now, in respect of an institutional decision, it is not mandatory that the person who hears should also decide. But, that is subject to certain conditions to the effect that the person, who heard the parties, had recorded the minutes of the hearing containing the contentions of the parties. It is not contended before me that in the files, the hearing notes were recorded by the person, W.P.(C)No.21476/06 3 who heard the petitioners. That being so, I am of opinion that the requirements of institutional decision are not satisfied, while passing Ext.P12 order. For that reason, I quash Ext.P12 order. The 1st respondent is directed to reconsider the matter, after hearing the petitioners again, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.21476/06 4