IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 27235 of 2008(P) -------------------------- PETITIONER(S): --------------- SUNITHA K.THOMAS, W/O.P.J.SANTY, AGED 33 YEARS, RESIDING AT 'PALATHUNGAL HOUSE', MALAYIL APARTMENTS, OPP MPM HSS. CHUNGATHARA, NILAMBOOR. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR FOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE. 3. THE PRINCIPAL, S.V.H.S.SCHOOL, PALEMAD P.O. EDAKKARA, MALAPPURAM DISTRICT - 679 331 4. THE MANAGER, S.V.H.S.SCHOOL, PALEMAD P.O., EDAKKARA, MALAPPURAM DISTRICT - 679 331. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN, FOR R1,2& 5 SRI.T.S.JOHN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No.27235/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DTD.24.9.06 OF R2. P2. COPY OF THE ORDER DTD.8.8.08 OF R2. P3. COPY OF THE GOVT. ORDER DTD.29.11.2002. P4. COPY OF THE ORDER DTD.7.4.2005 BY R1. P5. COPY OF THE ORDER DTD.16.10.2008 BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P6. COPY OF THE JUDGMENT IN W.P.(C). No. 26286/08 OF THIS COURT. Sdk+ ///True Copy/// P.A. To Judge S.SIRI JAGAN, J. ================== W.P(C).No.27235 of 2008 ================== Dated this the 7th day of July, 2009 J U D G M E N T The petitioner was appointed as a Higher Secondary School Teacher (Junior) in English, by the Manager of the S.V.H.S. School, Palamed, the 4th respondent herein. That appointment was approved by Ext.P1 order subject to further review. By Ext.P2 order, that approval has been cancelled on the ground that there are six HSSTs in the school and for sanctioning a post of HSST (Junior) in English, there should be 159 periods in English in the school whereas, there are only 154 periods in 11 batches. The petitioner is challenging Ext.P2 order in this writ petition. 2. The contention of the petitioner is that the staff strength in the school has been fixed by the Director of Higher Secondary Education by Ext.P4 order, in which, for the year 2001-02, six posts of HSSTs and one post of HSST (Junior) in English have been sanctioned. That staff fixation has not been cancelled and the staff strength fixed as per that order continued even on the date of appointment of the petitioner. That being so, according to the petitioner, without cancelling Ext.P4 staff fixation order, the approval of the petitioner's appointment could not have been validly cancelled. 3. I have heard the learned Government Pleader also. The w.p.c.27235/08 2 Government Government Pleader reiterates the reason mentioned in Ext.P2. 4. From Ext.P4 staff fixation order, I find that the Director of Higher Secondary Eduction has sanctioned six posts HSSTs and one post of HSST (Junior) in English for the year 2001-02. As long as that staff fixation order is not cancelled, the Regional Deputy Director for Higher Secondary Education cannot, on the ground that there are no sufficient periods in English to sanction one post of HSST (Junior) in English, cancel the approval already granted. Therefore, Ext.P2 is clearly against Ext.P4 order of the Director of Higher Secondary Education. Accordingly, Ext.P2 is quashed and Ext.P1 order of approval is restored. The writ petition is allowed with all consequential benefits. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge