IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 1688 of 2010(I) ------------------------- PETITIONER(S): --------------- DESEEYA ADHYAPAKA PARISHATH, KERALA (NTU), REPRESENTED BY ITS GENERAL SECRETARY SRI.G.RADHAKRISHNAN PRATHAP NIVAS, KOTTAPPURAM, THRISSUR. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 1688 of 2010 ================== Dated this the 26th day of March, 2010 J U D G M E N T The petitioner is an association of teachers in various schools in the State of Kerala. They are challenging Ext.P13 order, whereby their application for recognition as an association under Rule 51 of Chapter XIV-C of the Kerala Education Rules has been rejected. The petitioner contends that the petitioner was being invited for meetings between the Government and the teachers' associations, as evidenced by Exts.P4 to P9 and all on a sudden, without any process of ascertaining the teachers strength of the association, Ext.P13 order has been passed, is their contention. The petitioner, therefore, seeks the following reliefs: “(i) issue a writ of certiorari or any other writ, direction or order setting aside Ext.P13. (ii) issue a writ of mandamus or any other writ, direction or order commanding the respondents to accord recognition to the petitioner-association and extend to the petitioner all such privileges granted to other recognised associations. (iii) issue a writ of mandamus or any other writ, direction or order commanding the respondents to conduct verification of strength of all teachers' associations including those named in Exts.P11 and P12 by referendum and weed out ineligible teachers' associations from the list of recognised associations.” In view of the proliferation of teachers' associations, I felt that there is a necessity to strictly follow Rule 51 of Chapter XIV-C of the KER in the matter of granting recognition to teachers' associations. w.p.c.1688/10 2 Therefore, by order dated 19.1.2010, I directed the learned Government Pleader to file an affidavit stating the number of teachers' associations recognised by the Government and their percentage of representation, including the manner, in which, that representation has been determined by the Government. An affidavit was filed on 18.2.2010. Dissatisfied with that affidavit, I passed an order on 22.2.2010, as follows: “As per the affidavit filed on behalf of the first respondent, there are 30 Teachers' Associations in the State. The rule applicable provides that for recognition, an association should have minimum of 25% membership of the total strength of a particular class of teachers. The Government has not been able to produce any records to show that they had validity ascertained the representation of teachers of each association by a process known to law. In such circumstances, it defies logic as to how the Government has decided whether a particular association has minimum 25% representation. 2. I am of the opinion that, atleast as of now, the Government should undertake a process known to law to decide the minimum strength of each association in so far as the rule mandates minimum 25% representation for recognition. The learned Government Pleader shall see that an affidavit of the first respondent is placed on record detailing as to how the Government proposes to ensure that each association has minimum 25% representation of the particular class of teachers. Such affidavit shall be filed within two weeks.” Now another affidavit has been filed by the 1st respondent, which reads thus: “2. This Hon'ble Court as per interim order dated 22.2.2010 had directed the first respondent to place an affidavit on record detailing as to how the Government proposes to ensure that each association has minimum 25% representation of the particular class of teachers. It was also directed to file such an affidavit within two weeks. Since there was some delay this respondent had filed an I.A. on 5.3.2010 seeking extension of time to place an affidavit on record and this Hon'ble Court as per order dated 9.3.2010 granted 2 more weeks to file an affidavit as directed on 22.2.2010. w.p.c.1688/10 3 3. It is submitted that as per the provisions contained in Rule 51 of Chapter XIV(C) of KER no association of teachers or association purporting to represent teachers or any class thereof shall be recognised unless it represent not less than 25% of a distinct class. As per note of the above rule the Director will satisfy himself about the prescribed minimum representative strength and to report to Government, while forwarding the application from service association to grant of recognition. It is also pointed out that there are several teachers association having got recognition from 1963 onwards. Therefore, it has become necessary to conduct a referendum to ascertain the representation of each association. In the above circumstances Government have decided, in principle, to conduct a referendum to ensure the minimum strength of 25% in each distinct class of association as stipulated in KER. 4. Further, it is also submitted that the present school education pattern includes Higher Secondary and Vocational Higher Secondary also and Government intends to encompass the higher secondary section also in the referendum. For the purpose, suitable amendment in KER is necessary and action is being taken to amend KER. Once the amendment is effected Government will chalk out a time bound scheme of action to materialize the proposed referendum. Therefore the granting of recognition to the petitioner's association can be considered only after ensuring that the petitioner association is having 25% representation in the distinct class it represent at the time of conducting referendum.” In view of the same, I am of opinion that the Government should be given some more time to initiate referendum process and complete the same. Accordingly, I dispose of this writ petition with the following directions: The 1st respondent shall take up and complete the process of conducting referendum for determining membership of teachers in association of teachers for recognising teachers' associations under Rule 51 of Chapter XIV-C of the KER, as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment. Till the referendum is completed and recognition is w.p.c.1688/10 4 granted as per Rule 51 of Chapter XIV-C of KER, the petitioner association shall also be allowed to participate in the meetings between the Government and the teachers' associations in respect of matters relating to teachers. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.1688/10 5 The learned Government Pleader seeks some more time to file affidavit as directed by order dated 22.2.2010. I am not at all happy with that request. I have not directed the respondents to take any decision. I had only directed to file an affidavit stating the present situation as available in the files of the Government,. However, taking a lenient view, I grant two more weeks' time. Post after two weeks. w.p.c.1688/10 6