IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 30571 of 2011(V) -------------------------- PETITIONER(S): --------------- ACM NAUSHAD ALI,SON OF PROFESSOR P.A.ALIKUNJU,AGED 38 YEARS,HIGH SCHOOL ASSISTANT(ENGLISH) SETHI SAHIB HIGHER SECONDARY SCHOOL, TALIPARAMBA, KANNUR DISTRICT 670 141. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT ,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT 67O 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT 670 001. 5. THE MANAGER, SEETHI SAHIB HIGHER SECONDARY SCHOOL, TALIPARAMBA, KANNUR DISTRICT 670 141. SENIOR GOVERNMENT PLEADER, SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30571 of 2011(V) APPENDIX PETITIONER'S EXTS: EXT.P1TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER. EXT.P2 TRUE COPY OF THE ORDER NO.B4/665/10/R.DIS OF THE 4TH RESPONDENT EXT.P3 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER. EXT.P4 TRUE COPY OF THE ORDER NO.R.DIS B4/6054/10 OF THE 4TH RESPONDENT EXT.P5 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT EXT.P6 TRUE COPY OF THE STAFF LIST AS ON 1/6/2010 EXT.P7 TRUE COPY OF THE HEARING NOTICE NO.RA(3)/38473/2011 OF THE 2ND RESPONDENT EXT.P8 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P9 TRUE COPY FO THE JUDGMENT IN OP NO.18651/2000 EXT.P10 TRUE COPY OF THE JUDGMENT IN WPC 30242/2006 EXT.P11 TRUE COPY OF JUDGMENT IN 12124/2009 EXT.P12 TRUE COPY OF THE NOTICE NO.B1/6374/2011 OF THE 4TH RESPONDENT. RESPONDENTS' EXTS: NIL. \\TRUE COPY// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30571/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2011 J U D G M E N T The petitioner was appointed as High School Assistant (English) from 01/06/2010 as per Ext.P1 order. For the year 2009-10, by Ext.P2 staff fixation order, the District Educational Officer sanctioned only 58 divisions which was challenged by the Manager in an appeal before the Director of Public Instruction by Ext.P3. Ext.P4 is the staff fixation order for the year 2010-11. Therein also additional divisions were not sanctioned which resulted in the Manager filing an appeal by Ext.P5. 2. Ext.P7 notice shows that a hearing was done by the Director of Public Instruction but no orders have been passed so far. 3. It is stated that the petitioner is continuing from 01/06/2010. The petitioner has also approached the Director of Public Instruction as per Ext.P8 representation. W.P.(C). No.30571/2011 -:2:- 4. The learned counsel for the petitioner submitted that Exts.P9, P10 and P11 Judgments support the case of the petitioner that additional divisions can be granted based on revisit. The learned counsel for the petitioner further points out that the petitioner was provisionally included in the Teachers' Package but notice has been issued by the District Educational Officer by Ext.P12, proposing removal from the said list. 5. In the light of the above, the Director of Public Instruction will take a decision on Ext.P8 after hearing the petitioner and in the light of Exts.P9 to P11 within a period of two months from the date of receipt of a copy of the Judgment. In the meanwhile, the proposal made in Ext.P12 will be kept in abeyance. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms