IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 2619 of 2008(J) ------------------------- PETITIONER: ------------ THE MANAGER, AKM HIGH SCHOOL,KOTTOOR,INDIANOOR PO, KOTTACKAL,MALAPPURAM DISTRIC., BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER MALAPPURAM. BY G.P. SHRI T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ATTENDANCE CERTIFICATE ISSUED TO SHAIJU K.(UPSA) EXT.P2 TRUE COPY OF DUTY CERTIFICATE ISSUED TO MURALI KRISHNAN E (HSA) EXT.P3 TRUE COPY OF PETITIONER'S REPRESENTATION DATED 20.11.2006 EXT.P4 TRUE COPY OF ATTENDANCE CERTIFICATE ISSUED TO K. ABDUL KARIM EXT.P5 TRUE COPY OF DUTY CERTIFICATE ISSUED TO ANEES REHMAN C.K. EXT.P6 TRUE COPY OF THE LETTER ISSUED BY THE JOINT CONVENER DATED 15.12.2007 TO THE HEADMASTER EXT.P7 TRUE COPY OF THE LETTER ISSUED BY THE CONVENER, LAW & ORDER COMMITTEE DATED 22.12.2007 EXT.P8 TRUE COPY OF THE LETTER ISSUED BY THE CONVENER, FOOD COMMITTEE DATED 18.12.2007 EXT.P9 TRUE COPY OF THE LETTER ISSUED BY ANOTHER CONVENER ASKING FOR SENDING 16 TEACHERS EXT.P10 TRUE COPY OF LETTER ISSUED BY ANOTHER JOINT CONVENER SHRI KALAYAPURAM MONACHAN EXT.P11 TRUE COPY OF LETTER NO.87/07 DATED 26.12.2007 SENT BY THE HEADMASTER TO THE DEPUTY DIRECTOR OF EDUCATION EXT.P12 TRUE COPY OF REPRESENTATION DATED 5.1.2008 SENT BY THE MANAGER TO THE SECRETARY, GENERAL EDUCATION DEPARTMENT. //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.2619 of 2008 J -------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T The petitioner is the Manager of AKM High School, Kottoor in Malappuram District. The grievance of the petitioner is that for the purpose of Sub District Kalolsavam and Revenue District Kalolsavam, a large number of teachers from his school are directed to be deputed without any rhyme or reason and without any guidelines stipulating the same. It is pointed out that there are 8125 High School Assistants available in Malappuram Revenue District. There are 7902 and 9642 teachers available in the Upper Primary Section and Lower Primary Section respectively. The petitioner states that altogether there are 25668 teachers working in Malappuram Revenue District alone. According to the petitioner, it is necessary to get the service of only about 250 teachers out of 25668 teachers for the smooth conduct of the Kalolsavam. 2. The petitioner points out that in the academic year 2007-2008, he was compelled to depute 14 teachers for the Sub District Level Kalolsavam and in the same academic year, for the Revenue District Level Kalolsavam, the petitioner had to spare the service of 28 teachers of his school. It is stated that certificates are being issued by the organizers of the Kalolsavam WP(C) No.2619/2008 2 stating that the participant teachers attended the various activities in connection with the conduct of the Kalolsavam. The grievance of the petitioner is that such attendance was being marked discriminately and many of those teachers neither worked in the school nor at the site of Kalolsavam. 3. The petitioner has voiced his grievance in Ext.P3 representation dated 20.11.2006 addressed to the Secretary, General Education Department and Ext.P12 representation dated 5.1.2008 addressed to the Hon'ble Minister for Education, Secretary to General Education Department as well as the Director of Public Instruction. Exts.P3 and P12 representations are not disposed of yet. 4. The reliefs prayed for in the Writ Petition are the following:- “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Exhibits P3 and P12 petitions filed by the petitioner; ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to frame guidelines for conducting the Sub-district level and Revenue District level WP(C) No.2619/2008 3 Kalolsavams including the total number of teachers to be deputed for the said Kalolsavams from a particular school; iii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 not to entrust issuance of duty certificates to any other person than the Deputy Director of Education or the Assistant Educational Officer concerned; iv) to grant such other and further reliefs as this Honourable Court may consider just and proper in the facts and circumstances of the case.” 5. For the time being, the learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the first respondent, viz., the State of Kerala, to consider and pass appropriate orders on Exts.P3 and P12 representations filed by the petitioner, in the light of the facts and circumstances pointed out in the Writ Petition and various other documents produced along with the Writ Petition. The request is just and reasonable. It is just and necessary that the Government shall look into the matter and frame appropriate guidelines for the conduct of Kalolsavams and in what manner the teachers are to be deputed for the various activities in respect of the Kalolsavams. It is reasonable for a Manager to expect that uniform WP(C) No.2619/2008 4 approach is made in the matter of sparing the services of teachers from all the schools where the Kalolsavam is conducted. The first respondent shall look into the matter and do the needful while considering Exts.P3 and P12 representations. For the aforesaid reasons, the Writ Petition is disposed of directing the first respondent to dispose of Exts.P3 and P12 representations submitted by the petitioner as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a true copy of the Writ Petition and a certified copy of the judgment before the first respondent for the effective disposal of Exts.P3 and P12 representations. The petitioner shall be free to produce such other documents and materials to substantiate his contentions, before the first respondent. K.T. SANKARAN, JUDGE. cks