IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 W.P(C).No. 33316 of 2008(N) ---------------------------------- PETITIONER: -------------- PRASANTH LAL. G.S, HIGH SCHOOL ASSISTANT (MATHS), PPTMY HIGHER SECONDARY SCHOOL, CHERUR, MALAPPURAM. BY ADV. SRI.P.NARAYANAN RESPONDENTS: ----------------- 1. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM. 4. THE MANAGER, PPTMY HIGHER SECONDARY SCHOOL, CHERUR P.O., VENGARA, MALAPPURAM. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 33316 OF 2008 (N) ==================== Dated this the 12th day of November, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P8. 2. Ext.P1 is an order appointing the petitioner as HSA(Maths). Approval was rejected on the ground that in the vacancy, HSA(English) ought to have been appointed as per Ext.P2 Government order dated 7/1/02 creating separate cadre of HSA(English). Appeal and revision were rejected by respondents 2 and 3 by Exts. P3 and P4 orders. These orders were called in question before this court in WP(C) No.33104/06. That writ petition was disposed of by Ext.P7 with a direction to the 3rd respondent to consider the case of the petitioner in the light of Ext.P6 order and directing that if he is similarly situated, identical relief should be granted. It is in pursuance to Ext.P7 judgment that the matter was reconsidered by the 3rd respondent and Ext.P8 is the fresh order that is passed. 3. In Ext.P8, relief has been declined to the petitioner on the following reasoning. The case of Sri.Prasanthlal was considered in detail on the representation dated 28/6/2004 of the Manager of the school in which he was working. It was also examined in detail as to whether the approval could be given as a special case. On detailed WPC 33316/08 :2 : examination, it was found that the Deputy Director, Malappuram had reported that the overall teachers strength was 70 and sanctioned strength for English was 17. But only upto 2 teachers were appointed in the category of H.S.A.(English) from 2002. He had reported that the number is quite insufficient for teaching English in the school. It was also seen that the vacancy was created by an intermanagement transfer and therefore the vacancy was not an absolute vacancy. In the case of the petitioner covered in Ext.P7 the vacancy arose consequent to the resignation of a Mathematics teacher on 29/10/2002. The resignation was approved by the DEO, Malappuram. It is also seen that a protected teacher was appointed in the school from 22/10/1987 to 17/1/1992. No protected teacher was available in Malappuram District for being appointed in the school. Thus it is seen that the case of Sri.Prasanthlal and Sri.Sreejith are not exactly similar. For the above reasons, Government find that Sri.Prasanthlal is not entitled to claim the benefit extended to Sri.Sreejith. 4. Counsel for the petitioner submits that his case is identical to the one dealt with in Ext.P6 and that in view of Ext.P7 judgment, relief could not have been declined. 5. I am not in a position to agree. A reading of the aforesaid portion of Ext.P8 shows that the Government was satisfied that the case does not stand on an identical footing and that there was inadequacy of HSA(English) in the school at the time when the appointment was made. WPC 33316/08 :3 : Inspite of it, if this Court is to direct that the petitioner should be continued in the school as HSA(Maths), that will have the effect of compelling the respondents to once again disobey Ext.P2 Government order dated 7/1/2002. Having regard to the facts as stated in Ext.P8, the relevant portion of which has been extracted above, I see no justification to interfere. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp