IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19429 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. SRIKANT S.K., SRINIVAS HOUSE, ALLAPRA P.O., PERUMBAVOOR. 2. THOMAS N.ISSAC, MEERAMPUZHA HOUSE, KALIYAR P.O., THODUPUZHA. 3. GEORGE JOHN, NIRAPPEL, VATATTUPARA, KOTHAMANGALAM. 4. SADIQUE K.A., KIZHAKKEVEETTIL HOUSE, EDAVANGAD P.O., ERNAKULAM. 5. RAJESH P.R., PUTHENPURAKKAL, KARATTU PALLIKKARA, PERUMBAVOOR. 6. KANNAN P.H., PALATHINKAL HOUSE, CHERAL P.O., ERNAKULAM DISTRICT. 7. GIRISH GOPALAKRISHNAN, KATTUNGAL HOUSE, NEDUMBASSERY P.O., ERNAKULAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19429 of 2011(C) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF RANK LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION ON 14/10/2008 FOR THE POST OF PHYSICAL EDUCATION TEACHERS (HIGH SCHOOLS) FOR GOVERNMENT SCHOOLS IN ERNAKULAM DISTRICT. EXT.P2 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.2679/2009 EXT.P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE FIRST RESPONDENT DATED 15/06/2011. EXT.P4 TRUE COPY OF ACKNOWLEDGMENT CARD FOR RECEIPT OF EXT.P3 IN THE OFFICE OF THE FIRST RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19429/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18 th day of July, 2011 J U D G M E N T The petitioners have been included in the ranked list published by the P.S.C as per Ext.P1 dated 14/10/2008, for appointment as Physical Education Teacher (High School). It is pointed out that even though ranked list was brought into force as per Ext.P1, not even one appointment has been made from the ranked list. 2. There are said to be 92 Government schools in Ernakulam District having High School section. It is pointed out that out of these 92 schools only in 60 schools Physical Education Teachers are working and for the remaining 32 schools, the posts of Physical Education Teacher have not been filled up. The only reason for not filling up the posts is that in many schools there are less than 5 divisions in Class VIII and Class IX and there are no sufficient provisions for sanctioning a Full-time post. The petitioners point out that by Ext.P2 Judgment, a Division Bench of this W.P.(C). No.19429/2011 -:2:- Court considered various aspects with regard to the appointment of Specialist Teachers after interpreting the provisions under Rule 6 (4) of Chapter XXIII of Kerala Education Rules. One of the directions issued therein is as follows:- “The Government is directed to identify the schools where the service of specialist teachers are not available and make appointment of common teachers for such schools so that every school get the facility and the same should be done within a period of three months from the date of receipt of a copy of this Judgment.” Actually, this Court was of the view that clubbing arrangement can be done if in certain schools the number of periods were not sufficient for sanctioning a Full-time post. Seeking for appropriate action in the matter, as none of the petitioners have been appointed so far, they have filed Ext.P3 representation before the Government to implement the directions issued by Ext.P2 Judgment. W.P.(C). No.19429/2011 -:3:- 3. It is upto the Government to take a decision on Ext.P3 and, therefore, there will be a direction to the Government to consider and pass orders on Ext.P3 representation in the light of Ext.P2 Judgment within two months from today since the ranked list is expiring on 13/10/2011. The writ petition is disposed of as above. No costs. The petitioners will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) ms