IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9992 of 2009(T) ------------------------------------ PETITIONER(S): ---------------------- 1. SIMCY.T.S, W/O.JASAN, AGED 31 YEARS, UPPER PRIMARY SCHOOL ASSISTANT,A.U.P.SCHOOL, PARAKKAD, P.O.ARIMPUR,THRISSUR-680 620. 2. MANJU K. MOHAN, D/O.MOHAN KUMAR, AGED 50 YEARS,UPPER PRIMARY SCHOOL ASSISTANT, A.U.P.SCHOOL, PARAKKAD, P.O.ARIMPUR, THRISSUR-680 620. BY ADV. 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, AYYANTHOLE,THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR WEST. 6. THE MANAGER, A.U.P.SCHOOL, PARAKKAD, P.O.ARIMPUR, THRISSUR DISTRICT. R1 TO R5 BY SR. GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.9992 of 2009 -------------------------------------- Dated 27th March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing 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 the sixth respondent. 2. The petitioners were appointed as Upper Primary School Assistants `(UPSA' for short) on 2.6.2008 and 23.6.2008 respectively as per Exts.P1 and P1(a) appointment orders issued by the sixth respondent. They were appointed against vacancies anticipated to arise during the academic year 2008-09. Though in Ext.P3 staff fixation order passed on 30.08.2008 for the academic year 2008-09, the Assistant Educational Officer had noticed that the student strength warranted sanction of one additional division with additional post in Standards V and VI, due to the ban on appointments issued by the Government on 17.8.2005, the additional divisions and posts were not sanctioned. For that reason, by Exts.P9 and P9(a) orders passed on 7.3.2009, the Assistant Educational Officer declined to approve the appointment of the petitioners. WP(C).No.9992/2009 2 3. Aggrieved by Ext.P3 staff fixation order to the extent it declined to sanction additional divisions and posts, the Manager moved the District Educational Officer in appeal. That appeal was rejected by Ext.P5 order dated 23.1.2009. Since the petitioners are persons directly affected by Ext.P3 staff fixation order and Ext.P5 appellate order, they moved the Director of Public Instruction by submitting Exts.P7 and P7(a) revision petitions invoking the power of the Director of Public Instruction under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules. In this writ petition, the petitioners challenge Exts.P9 and P9(a) orders passed by the Assistant Educational Officer declining to approve their appointments and also seek a direction to the Director of Public Instruction to dispose of Exts.P7 and P7(a) revision petitions after affording them a reasonable opportunity of being heard. 4. Exts.P9 and P9(a) disclose that the Assistant Educational Officer declined to approve the petitioners' appointments on the ground that vacancies do not exist. Therefore, unless Ext.P3 staff fixation order is set aside or modified, the petitioners cannot claim approval of their appointments. The petitioners are therefore persons aggrieved by Ext.P3 staff fixation order. They have aggrieved by Ext.P3 staff fixation order and Ext.P5 appellate order passed by the WP(C).No.9992/2009 3 District Educational Officer, moved the Director of Public Instruction in revision as contemplated in Rule 12E(3) of Chapter XXIII of the K.E.R. Since the petitioners have invoked a remedy available under law and as the appointments relate to the academic year 2008-09 which is nearing its end, I am of the opinion that the Director of Public Instruction should expeditiously consider Exts.P7 and P7(a) revision petitions and pass orders thereon. In these circumstances, I dispose of this writ petition with the following directions: (1) The Director of Public Instruction shall within three months from the date of receipt of a certified copy of this judgment dispose of Exts.P7 and P7(a) revision petitions after notice to and affording the petitioners and the sixth respondent Manager a reasonable opportunity of being heard and after orders are passed in the matter, communicate copies thereof to the petitioners and the sixth respondent expeditiously. (2) I further direct that in the event of Exts.P7 and P7(a) revision petitions being allowed, the Assistant Educational Officer shall re-open the proposals WP(C).No.9992/2009 4 submitted by the Manager to approve the appointments of the petitioners and pass orders thereon in accordance with law. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS