IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 30994 of 2005(M) -------------------------- PETITIONER(S): ----------------------- 1. PRABHAKARAN, MANAGER, S.N.L.P. SCHOOL, VENMANI, THODUPUZHA. 2. BINI P.RAJAM, L.P.S.A., S.N.L.P. SCHOOL, VENMANI, THODUPUZHA. BY ADVS. MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.S.SUJIN RESPONDENT(S): ------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, ARAKULAM, IDUKKI DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI DISTRICT. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.30994 of 2005 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the 2nd petitioner's appointment order dt.2.6.2003. Ext.P2 :- Copy of the requisition made by the 1st petitioner to the Dy.Director of Education, Idukki. Ext.P3 :- Copy of the proceedings of the Dy.Director of Education dt.30.6.01. Ext.P4 :- Copy of the requisition made by the 1st petitioner dt.24.6.02 to the Dy.Director of Edn. Ext.P5 :- Copy of the order dt.22.7.02 from the office of the Dy.Director of Education. Ext.P6 :- Copy of communication dt.4.11.02 from the 1st petitioner to the Dy.Director of Education. Ext.P7 :- Copy of the order dt.19.12.02 issued by the Dy.Director of Education. Ext.P8 :- Copy of the report dt.15.7.03 from the AEO to the Dy.Director of Education. Ext.P9 :- Copy of the Order dt.15.10.03 issued by the AEO. Ext.P10 :- Copy of the order dt.15.10.04 of the DEO rejecting 1st petitioner's appeal. Ext.P11 :- Copy of the letter issued by the 3rd respondent to the 1st respondent dt.3.11.2003. Ext.P12 :- Copy of the judgment of this Hon'ble Court dt.18.7.05 in WP(C) No.8381/05. Ext.P13 :- Copy of the order No.C/2199/05 dt.7.10.05 issued by the AEO, Arakulam. Ext.P14 :- Copy of the order dated 1.2.2006 issued by the Government approving the appointment of the petitioner. Ext.P15 :- Copy of the order No.C/805/07 dated 2.5.2007 issued by the AEO, Arakulam. Ext.P16 :- Copy of the petition submitted by the 2nd petitioner before the 2nd respondent. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge S. SIRI JAGAN, J ---------------------- W.P.(C.) No.30994 of 2005 --------------------------------- Dated this the 24th day of March 2010 J U D G M E N T The 1st petitioner is the Manager of an Aided school and the 2nd petitioner is a teacher working in that school. The school is in a very remote area. The vacancy in which the 2nd petitioner was appointed was lying vacant for a long period as the vacancy was to be filled up by appointing a protected teacher as per the existing government orders. However, since the area where the school is situated is a remote hilly area, no protected teacher was willing to work there and therefore, the vacancy could not be filled up. In the above circumstances, in order to safeguard the interests of the students of the school, the Manager appointed the 2nd petitioner in the vacancy available. That was refused to be approved by the educational authorities, resulting W.P.(C) No.30994 of 2005 -2- in Exts.P9, P10 and P13 orders. The petitioner therefore has filed this writ petition seeking the following reliefs :- “ i) Issue a writ of certiorari of any other appropriate writ order or direction quashing Exhibit P9, P10 and P13. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointment of the 2nd petitioner as L.P.S.A. in the school managed by the 1st petitioner and pay her the salary from the date of her appointment. iii) Award to the petitioners the cost of these proceedings ; and iv) Grant such other and further reliefs as are just, proper and necessary or may be prayed for.” On 10.4.2007 this Court passed the following interim order :- “Petitioners rely on Ext.P14 order to contend that approval is now ordered to be granted with effect from 1.2.2006. Complaint is that the salary due as per the same is, however, not disbursed. Learned Government Pleader points out that under Clause (iv) of Ext.P14 order, it has to be verified as to whether the appointment is in accordance with the Act and the Rules. In such circumstances, there will be a direction to the first respondent to ascertain whether the appointment in respect of the second petitioner is in conformity with the Act and the Rules as contemplated under Clause (iv) of Ext.p14 and if it is found in conformity with the Act and the Rules, the amounts due to second petitioner shall be disbursed to her. A decision shall be taken in this matter within a period of three weeks from the date of receipt of a copy of this Order, and the amounts found due, shall be disbursed W.P.(C) No.30994 of 2005 -3- to the second petitioner within ten days from the date of such decision.” Pursuant thereto, Ext.P15 order has been passed again rejecting the approval of the 2nd petitioner's appointment. 2. The contention in the counter affidavit is that the vacancy being one specifically reserved for a protected teacher, without appointing a protected teacher, the appointment of the 2nd petitioner cannot be approved. 3. I have considered the rival contentions in detail. 4. Whether a protected teacher or a regular teacher, the primary object of appointing a teacher is to teach the students. Certainly, the Government and educational authorities are entitled to insist that the Manager appoints a protected teacher as per the government orders in a vacancy reserved for the purpose. They are also entitled to refuse approval of other appointments to that vacancy, if the Manager does not appoint a protected teacher in that vacancy. But that cannot be an end in itself. There should be a protected teacher available for filling up to that vacancy. Admittedly, in spite of the appointment of the protected teachers in that vacancy nobody was willing to W.P.(C) No.30994 of 2005 -4- work in that school because of the remoteness of the area where the school is situated. As such, I am of opinion that the essential object of appointing a teacher in a school is not fulfilled by the respondents insisting on filling up the vacancy only with a protected teacher. The respondents are very well entitled to direct the Manager to appoint a particular teacher as a protected teacher in that school. Only if the Manager refuses to do so, the respondents can impose the sanctions imposable pursuant thereto. Here admittedly, the Manager is not in the wrong. He has done what has been dictated by the respondents. But unfortunately no protected teacher was willing to take charge in that school. As such I do not think that the Manager can be found fault with for appointing the 2nd petitioner in the vacancy which remain unfilled. It is the responsibility of the Manager to see that there are sufficient teachers to teach the students. He cannot be compelled to keep the vacancy unfilled because no protected teacher is willing to join the school. Therefore in view of the inability of the respondents to see that a protected teacher takes charge in the school, I am of opinion that in the best W.P.(C) No.30994 of 2005 -5- interest of the students of the school, appointment of the 2nd petitioner should be approved from the date of her appointment. Accordingly, I direct the respondents to see that the appointment of the 2nd petitioner is approved from the date of her original appointment and monetary benefits arising therefrom disbursed to the 2nd petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. In this connection, I note the contentions of the learned Government Pleader that the appointment has been approved with effect from 01.02.2006. If the said submission is correct, it goes without saying that the balance salary only need to be paid. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Jvt