IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 19108 of 2009(G) --------------------------------------- PETITIONERS: --------------------- 1. HARIKRISHNAN.C.A. LIBRARIAN GR.IV, P.R.WILLIAM H.S.S., KATTAKKADA, THIRUVANANTHAPURAM. 2. BIJI S.S., LIBRARIAN GR.IV, ABRAHAM MEMORIAL H.S.S, THIRUMALA, THIRUVANANTHAPURAM - 695 006. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, IVTH FLOOR, PALAYAM, THIRUVANANTHAPURAM. 4. THE MANAGER, P.R. WILLIAMS H.S. SCHOOL, KATTAKADA, THIRUVANANTHAPURAM. W.P.(C). NO.19108/2009-G: 5. THE MANAGER, A.M.H.S. SCHOOL, THIRUMALA, THIRUVANANTHAPURAM - 695 006. R1 TO R3 BY SR. GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19108/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE P.1, DTD. 28/07/2008. EXT.P.2: COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE P.2, DTD. 09/01/2008. EXT.P.3: COPY OF THE ORDER OF THE R.2. DTD. 14/10/2008. EXT.P.4: COPY OF THE ORDER DTD. 02/09/2008 OF THE R.3. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.6112/2006 DTD. 28/03/2007. EXT.P.6: COPY OF THE REPRESENTATION DTD. 27/05/2007 FROM ANISH VARGHESE TO R.1. EXT.P.7: COPY OF THE REPRESENTATION BEFORE THE DIRECTOR, HIGHER SECONDARY EDUCATION FROM MANAGER, NEW H.S.S. NELLIMOOD. EXTP.8: COPY OF THE LETTER DTD. 28/01/2008 FROM THE R.1. EXT.P.9: COPY OF THE GOVERNMENT ORDER G.O.(RT).NO.5073/2008/G. EDN. DTD. 15/11/2008. EXT.P.10: COPY OF THE ORDER G.O.(P).NO.38/2005/G1/EDN. DTD. 04/02/2005. EXT.P.11: COPY OF THE G.O.(P).39/71/G. EDN. DTD. 31/03/1971. EXT.P.12: EXTRACT OF THE REPORT OF K.E.R. - PAGE 275 OF THE REPORT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19108/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of October, 2009 J U D G M E N T The petitioners herein are working as Librarian Gr-IV in P.R.William H.S.S., Kattakkada and Abraham Memorial H.S.S., Thirumala respectively. 2. The first petitioner was appointed on 28/07/2008 in anticipation of sanction of post as per Ext.P1 order. The second petitioner was appointed on 09/01/2008 as per Ext.P2 order. The proposal for approval of the first petitioner was rejected by the second respondent as per Ext.P3 order and by Ext.P4 order the third respondent rejected the proposal for approval of the second petitioner. 3. The main prayer in the writ petition is for a direction to the second and third respondents to approve the appointment of the petitioners as Librarian Grade IV in the schools of respondents 4 and 5 with effect from their date of appointments, i.e., 28/07/2008 and 09/01/2008 respectively. 4. The petitioners are relying upon the directions issued by this Court in a similar case, W.P.(C).No.6112/2006 and connected case, which was disposed of by Ext.P5 judgment dated 28/03/2007. Thereafter, many representations were submitted to the Government by similarly situated W.P.(C). No.19108/2009 -:2:- persons. Ext.P6 is one such representation and Ext.P7 is the representation of a Manager, seeking for similar reliefs. In reply to Ext.P6, the Government by Ext.P8 informed that the post of Librarians in Higher Secondary Schools is yet to be sanctioned for want of orders creating post of Librarian. 5. Against the directions issued by this Court in Ext.P5, the matter was taken in appeal by the respondents in W.A.No.2065/2008. Therein the petitioners were Librarian Grade III and Manager of a school. The Division Bench considered the various aspects and held thus in paragraph (7):- “Though the learned Single Judge technically left the matter for the decision of the Director, practically, the Director has no other option but to sanction the post of Librarian, in view of the clear finding in favour of sanction of the post of Librarian Gr.III. In view of the above position, we set aside the direction in the judgment under appeal, to sanction the post of Librarian Grade III in the second respondent's school. The second appellant is directed to consider the claim of the respondents herein for sanction of the post of Librarian W.P.(C). No.19108/2009 -:3:- Gr.III and take a decision in accordance with law, having regard to the students' strength, the number of books in the Library, the facilities in the Library etc. While taking the decision, the second appellant shall be uninfluenced by any view expressed by the first appellant.” 6. It was also held therein that “as per the Rules, the Director of Higher Secondary Education has got the power to sanction the post of Principal in a Higher Secondary School. But, without the post of Principal, the school cannot function. So, it can be safely concluded that in regard to the post of Principal, the power of the Director is one coupled with duty, which has to be exercised. Likewise, in the case of Librarian also, it is for the Director to decide whether a post should be sanctioned or not. Going by the statutory scheme, we find no role for the Government in sanctioning of posts in Higher Secondary wing. There is no rule in Chapter XXXII, similar to Rule 14 of Chapter XXIII of the K.E.R., which enables the Government to extend the prohibition introduced by it for creation of posts in Government Schools to aided schools also.” 7. Finally, the Director of Higher Secondary Education was directed to consider the claim of the respondents therein for sanction of the W.P.(C). No.19108/2009 -:4:- post of Librarian Gr.III and take a decision in accordance with law, having regard to the students' strength, the number of books in the Library, the facilities in the Library etc. It was also directed that while taking the decision, the second appellant will be uninfluenced by any view expressed by the first appellant-Government. 8. Therefore, similar directions are called for in this writ petition also. In that view of the matter, Exts.P3 & P4 are quashed. There will be a direction to the second respondent to consider the case of the petitioners for sanction of the post of Librarian Gr-IV and take a decision in accordance with law having regard to the students' strength, the number of books in the Library, the facilities in the Library etc. The petitioners and the Managers will be given an opportunity of being heard in the matter. The said exercise will be completed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms