IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 34682 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------ ABDUL GAFOOR.M.C, DRAWING TEACHER, A.K.M. HIGH SCHOOL, KOTTOOR, INDIANOOR.P.O, KOTTAKKAL VIA, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34682 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2009. JUDGMENT The petitioner herein was appointed as a Drawing Teacher in A.K.M.High School, Kottoor, Malappuram. The appointment was made against an additional post for the academic year 2009-2010 which arose on 13.7.2009. Even though Ext.P1 appointment order was forwarded to the District Educational Officer for approval, the same was rejected as per Ext.P2, relying upon G.O.(P) No.317/05/G.Edn. dated 1.8.2005. In fact, in the Staff Fixation Order also, the post of Drawing Teacher was declined for want of sufficient periods. When the matter was brought before the notice of the District Educational Officer, again by Ext.P4 it was clarified that since the total periods of Arts Group do not exceed 26 in 8th and 9th classes, there cannot be any post of Drawing Teacher. It is the case of the petitioner that in the light of the interpretation in regard to Rule 6(4) of Chapter XXIII K.E.R. rendered by this Court as per Ext.P5 judgment, the stand taken by the District Educational Officer cannot be sustained Accordingly, the petitioner has filed Ext.P6 revision petition before the Government. 2. Learned Govt. Pleader on instructions, submitted that Ext.P6 has wpc 34682/2009 2 not been received in the Government so far. Learned counsel for the petitioner submitted that the petitioner will re-file Ext.P6 before the Government. 3. If the petitioner re-files Ext.P6 before the Government, the Government will take a decision on the same in accordance with law, after considering the findings rendered by this Court in Ext.P5 judgment, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition and the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/