IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20320 of 2009(H) -------------------------------- PETITIONER: -------------- K.MUHAMMED HANEEFA, AGED 37 YEARS, S/O. T.P.MOOSA (LATE), FULL-TIME URDU TEACHER, KAMALIYA MADRASA A.U.P.SCHOOL, IRIKKUR, P.O.IRIKKUR, KANNUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 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 DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, P.O.IRIKKUR, KANNUR DISTRICT. 5. THE MANAGER, KAMALIYA MADRASA A.U.P.SCHOOL, P.O.IRIKKUR, KANNUR DISTRICT - 670 593. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20320 OF 2009 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioner herein is working as full time Urdu Teacher in the school managed by the 5th respondent. The main prayer in the writ petition is to quash Exhibits P4 and P4(a). The petitioner has also sought for a direction to the first respondent to consider and pass orders on Exhibit P7 revision petition after hearing the petitioner within a time limit. 2. The petitioner was appointed as full time Urdu Teacher for the period from 15.06.1995 to 14.07.1999 and from 15.07.1999 to 14.07.2004, which have been approved as per Exhibits P1 and P2. Again, in a regular vacancy which arose on 02.06.2008, the petitioner was reappointed. The approval was rejected by the Assistant Educational Officer as per Exhibit P4 order stating that full time post of Urdu cannot be allowed by W.P.(C) No.20320/2009 2 adding 3 periods from Group 'C' subjects after the retirement of the existing full time Urdu Teacher. The District Educational Officer also, by Exhibit P4(a), confirmed the said order, and the Manager thereafter filed Exhibits P5 and P5(a) before the Director of Public Instruction. It is pointed out that no orders have been passed on them by the Director of Public Instruction so far. 3. The petitioner is relying upon Exhibit P6 order passed by the Government as per G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000 wherein it is ordered that the full time post of Junior Language Teacher already sanctioned and having 15 periods inclusive of 3 periods from Group 'C' subjects cannot be converted into a part time post. Accordingly, the petitioner has filed Exhibit P7 revision petition before the Government. Exhibits P8, P8(a) and P8(b) are the orders passed similarly by the Government and the petitioner relies upon them also. There will be a direction to the Government to take a decision on Exhibit P7, after hearing the petitioner and the Manager, in the light of the orders Exhibits P6, P8, P8(a) and W.P.(C) No.20320/2009 3 P8(b), within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp