IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25097 of 2009(F) -------------------------------- PETITIONER: -------------- SR. SIBY C.M.C., MANAGER, SPECIAL SCHOOL FOR DEAF AND DUMB, CHAVARA NIVAS, IRITTY, KANNUR DISTRICT. BY MR.M.A.FIROZ, ADVOCATE. MR.GEORGE MECHERIL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25097 OF 2009 --------------------------------------- Dated this the 28th day of August, 2009. J U D G M E N T The Manager of a Special School for Deaf and Dumb is the petitioner herein. The school was established in the year 1997 as an unaided school with a view to promote mentally challenged poor students. The school was converted as an aided school as per Exhibit P1 order dated 27.08.2005. 15 posts have been sanctioned as per Exhibit P1. 2. Presently, the petitioner is aggrieved by the specified condition that the posts shall be filled up only by protected teachers of aided schools in terms of G.O(MS) No.121/87/G.Edn dated 05.06.1987. It is submitted that the Management was not permitted to fill up one post of special teacher in view of the said stipulation. It is further pointed out that though the list of protected teachers were received from the office of the 4th respondent many times, nobody came forward to work since it is a special school for Deaf and Dumb. W.P.(C) No.25097/2009 2 3. By Exhibit P2, the request for appointment to the post of Malayalam Teachers in the High School, U.P and L.P. section was also rejected holding that the sanction of additional post if any requires Government Orders. The petitioner has taken up the matter before the Government by Exhibit P3, which is still pending. There will be a direction to the 1st respondent to take a decision on Exhibit P3, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, there will be a direction to the Director of Public Instruction to forward Exhibit P4 also to the Government since it is pointed out that Government sanction is required. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp