IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 21717 of 2010(L) -------------------------- PETITIONER(S): --------------- K.K.NOUSHAD, S/O.KUTTIYALI, AGED 29 YEARS, FULL TIME ARABIC TEACHER, PADMARAJ A.L.P.SCHOOL, MANNUR P.O., KOZHIKODE RESIDING AT:KALIYANKUZHI HOUSE, VAZHAYOOR EAST P.O., RAMANATTUKARA VIA, MALAPPURAM-673 633. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE CITY-673 002. 4. THE MANAGER, PADMARAJ A.L.P.SCHOOL, P.O.MANNUR, KOZHIKODE-673 328. ADV. SMT.SARASWATHI PALEREKEEZHIL FOR R4 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.21717 of 2010 --------------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT The petitioner was appointed as Full Time Arabic Teacher in Padmaraj ALP School, of which, the fourth respondent is the Manager. The appointment was made on 4.6.2007. The fourth respondent is the Manager of Govindapuram A.U.P. School also, which is situated in another Educational Sub District. In Govindapuram A.U.P. School, another Arabic Teacher was appointed in a Part Time post in the year 2000. As per Exhibit P2 communication dated 3.11.2008 issued by the Assistant Educational Officer, Feroke to the Manager, Padmaraj A.L.P. School, the following direction was issued. “Besides you are hereby directed that the Arabic teacher continuing under FT benefit in Govindapuram A.U.P. School to be posted to the permanent vacancy of Padmaraj A.L.P. School and the junior teacher who is at Padmaraj A.L.P. School should be posted to the PT post at Govindapuram A.U.P. School. And also direct to refund the salary paid to the teacher as FT Arabic in the Padmaraj A.L.P. School from WPC 21717/2010 2 1.6.2007 to this date and report of reply details immediately.” 2. Exhibit P3 dated 18.12.2008 is the Staff Fixation Order passed by the Assistant Educational Officer in respect of Govindapuram A.U.P. School. It is stated that the Manager filed an appeal dated 14.1.2009 before the Deputy Director of Education challenging the Staff Fixation Order. In the Staff Fixation Order, G.O.(P) Nos.317/05 and 318/2005 were referred to and it was mentioned that no specific order for sanctioning additional posts during 2008-2009 was passed. The Manager also filed Exhibit P4 appeal dated 13th April, 2010 before the Deputy Director of Education, Kozhikode stating that the direction issued by the AEO is not sustainable. The appeal dated 14.1.2009 as well as Exhibit P4 appeal dated 13.4.2010 are stated to be pending before the Deputy Director of Education. It would appear that on 12.3.2010, the District Educational Officer has passed an order and that order was challenged by the Manager before the Director of Public Instruction as per Exhibit P6 appeal dated nil of April 2010. It is stated that Exhibit P6 is WPC 21717/2010 3 also pending before the Director of Public Instruction. Challenging the Staff Fixation Order, the petitioner filed Exhibit P9 revision dated 19th April, 2010 before the Government. It is stated that Exhibit P9 is also pending. 3. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of certiorari or any other writ or order quashing Exhibits P2, P3 and P5 orders holding the same as illegal. (ii) Declare that the petitioner is eligible and qualified to be retained as Arabic Teacher in Padmaraj A.L.P. School as full time teacher as no inter school transfer is possible between two individual educational agencies. (iii) issue a writ of mandamus or any other writ, order or direction commanding the first respondent to consider and pass orders in Exhibit P9 revision petition of the petitioner. and (iv) issue such other further orders as this petitioner may seek from time to time and this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” WPC 21717/2010 4 4. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if either the Government or the DPI or the Deputy Director is directed to look into the matter and any of these authorities directed to pass appropriate orders considering the grievances of the Manager and the petitioner. 5. The learned Government Pleader submitted that since three set of proceedings are pending before the Deputy Director, the Director of Public Instruction and the Government as referred to above, it would be only proper, if the Director of Public Instruction is directed to consider the whole issue after affording an opportunity of being heard to the Manager, the petitioner and the affected teacher or teachers. It is also submitted by the learned Government Pleader that Exhibit P9 revision filed by the petitioner before the Government was forwarded by the Government to the Director of Public Instruction, which is the authority to deal with a revision under Rule 12 (E) of Chapter XXIII of Kerala Education Rules. WPC 21717/2010 5 6. Accordingly, the Writ Petition is disposed of as follows: The Director of Public Instruction will consider Exhibit P4 appeal filed by the Manager before the Deputy Director of Education, Kozhikode, challenging Exhibit P3 Staff Fixation Order, Exhibit P6 appeal filed by the Manager before the Director of Public Instruction challenging the order of the DEO dated 12.3.2010 as well as Exhibit P9 revision filed by the petitioner before the Government and which was forwarded to the Director of Public Instruction, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the Manager, the petitioner and any other affected teacher or teachers. The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the Director of Public Instruction. K.T.SANKARAN, JUDGE csl