IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29260 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. SMT. SUMAN PAUL, CRAFT TEACHER (H.S.A.), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 2. THE MANAGER, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, 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. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29260/2010 APPENDIX PETITIONERS' EXHIBITS : EXT.P1: COPY OF THE APPOINTMENT LETTER ISSUED BY THE MANAGER TO THE FIRST PETITIONER. EXT.P1(a) : COPY OF THE ORDER OF THE D.E.O. DATED 4.3.2008. EXT.P2: COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2007-08 EXT.P3: COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2008-09 DATED 30.3.2010. EXT.P4 : COPY OF THE STAFF FIXATION ORDER DATED 30.3.2010 FOR THE ACADEMIC YEAR 2009-10. EXT.P5: COPY OF THE CIRCULAR DATED 4.8.2008 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P6: COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE THIRD RESPONDENT, DATED 14.7.2010. EXT.P7: COPY OF THE APPEAL FILED BY THE PETITIONER WITH THE GOVERNMENT ON 25.7.2010. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29260 of 2010 --------------------------------------------- Dated this the 23rd day of September, 2010 JUDGMENT The first petitioner was appointed as Crafts Teacher (HSA) in the High School Section of A.K.M. High School, Kottoor, Kottakkal on 4.6.2007 by the second petitioner Manager. The District Educational Officer rejected the proposal for approval of appointment of the first petitioner on the ground that as per G.O. (P) No.317/07/G.Edn. dated 17.8.2005, no additional post was sanctioned. Exhibits P2 to P4 are staff fixation orders of 2007-2008 to 2009-2010. In Exhibit P4, it is stated thus : “The request of the Manager to sanction one craft post & one drawing post cannot be considered. The periods available under art group & craft group are 17 & 28 periods respectively. The 2nd post either in art group or craft group can be sanctioned only if there are more than 26 periods in each group. There is only 17 periods are available in art group the request of the Manager is not considered.” 2. It is submitted by the learned counsel for the petitioners that the reasons stated for not granting the second post in the craft WPC No.29260/2010 2 group is patently illegal. According to the counsel, the periods for craft group alone need be taken into account for considering whether a second post is liable to be sanctioned. Against Ext.P4, the Manager has filed Ext.P6 statutory appeal before the Government. The petitioner has also submitted Ext.P7 representation dated 25.7.2010 before the Government. Exts.P6 and P7 are pending disposal. The reliefs prayed for in the Writ Petition are the following : “(i) to issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts.P1(a), P2, P3 and P4 to the extent it decline the approval of the appointment of the first petitioner as Craft Teacher (H.S.A.) at A.K.M. High School, Kottoor, Kottakkal, Malappuram District ; (ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointment of the first petitioner as Craft Teacher (H.S.A.) with effect from 4.6.2007 onwards and disburse the salary accordingly ; (iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing Secretary to Government, General Education Department to consider and pass orders on Exts.P6 and P7 appeals filed by the petitioners ; (iv) to grant such other and further reliefs WPC No.29260/2010 3 as this Honourable Court may consider just and proper in the facts and circumstances of the case.” 3. The learned counsel for the petitioners submitted that for the time being, the petitioners would be satisfied, if relief No. (iii) is granted, reserving their right to raise all the contentions at the appropriate stage. The request is just and reasonable. Accordingly, the Writ Petition is disposed of as follows: (a) The third respondent shall dispose of Ext.P6 appeal filed by the second petitioner Manager and Ext.P7 representation submitted by the first petitioner, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a certified copy of the judgment, after affording an opportunity of being heard to the petitioners and any other affected party. (b) The petitioners shall produce a copy of the Writ Petition and the certified copy of the judgment before the third respondent. K.T.SANKARAN, JUDGE csl