IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 16893 of 2010(J) --------------------------------------- PETITIONER(S): ---------------------- THE BOARD OF TRUSTEES OF SRI.LAKSHMINARAYANA PERUMAL KOVIL DEVASWOM REPRESENTED BY ITS MANAGING TRUSTEE T.M.SIVADASAN, S/O.RAMA PATHIYAR, SRI.SIVAM, PERUMALKOVIL GRAMAM, KOLLENGODE POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, (GENERAL EDUCATION), THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE INSTITUTION (ADMN) DEPT., COMMISSIONERATE OFFICE, KOZHIKODE. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, CHITTUR TALUK, PALAKKAD. 4. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. 5. SRI.P.R. GANESAN, P.K.VILLAGE, KOLLENGODE POST, CHITTUR TALUK, PALAKKAD. 6. P.V. SUBRAMANIAN, S/O.VENKITACHALA IYER, PERUMAL KOVIL VILLAGE, KOLLENGODE POST, CHITTUR TALUK, PALAKKAD. WP(C).No. 16893 of 2010(J) 7. K.R.KRISHNA IYER, S/O.RAMA IYER, SIVAN KOVIL STREET, P.K.VILLAGE, KOLLENGODE POST, CHITTUR TALUK, PALAKKAD. 8. K.A.SUBRAMANIAN, ERESTWHILE TRUSTEE, P.K.VILLAGE, KOLLENGODE POST, CHITTUR TALUK, PALAKKAD. R1 & R3 BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. R2 & R4 BY ADV. SRI.K.MOHANAKANNAN, SC, MALABAR DEVASWOM. R5 & R6 BY ADV. SRI.P.B.KRISHNAN, SRI.R.SURAJ KUMAR, SMT.GEETHA P.MENON, SRI.P.M.NEELAKANDAN, SRI.N.AJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16893 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.A1-4544/2005 (D.DIS) DATED 12/03/2010 OF THE 4TH RESPONDENT HEREIN. EXT.P2: COPY OF THE PROCEEDINGS DATED 15/02/2010 ISSUED BY THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, THE 3RD RESPONDENT HEREIN. EXT.P3: COPY OF THE ORDER NO.6603 DATED 20/12/1949 OF THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, MADRAS-06, BY ITS ORDER NO.6603 DATED 20/12/1949. EXT.P4: COPY OF THE ORDER DATED 31/05/1966 IN OA.10/1962 OF THE OFFICE OF THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMINISTRATION) DEPARTMENT, CALICUT. EXT.P5: COPY OF THE LETTER DATED 22/07/2008 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT STAYING ALL APPOINTMENTS. EXT.P6: COPY OF THE HONOURABLE COURT IN WP(C) NO. 9164/2010. EXT.P7: COPY OF THE APPLICATION FOR VACATING THE EXT.P6 STAY ORDER SUBMITTED BEFORE THE DEVASWOM BENCH OF THIS COURT IN WP(C) NO. 9164/2010 IN I.A.6115/2010 (WITHOUT EXTS.) RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ----------------------------------------------------------------------------------- WP(C) No.16893/10 & IA No.15445/10 in WP(C) No.9164/10 ----------------------------------------------------------------------------------- Dated 8th December 2010 Judgment/Order Thottathil.B.Radhakrishnan, J. IA No.15445/10 in WP(C) No.9164/10 Following the order dated 19.08.2010, the committee, which has been newly elected, has taken charge. The request in this IA is that the newly elected committee be granted permission to appoint teachers to the post of Arabic and Sanskrit separately on the basis of the staff fixation order Ext.R7(g), issued by the Assistant Educational Officer, Kollengode. 2. The school in question is a U.P.school and the appointments could, therefore, be made as against the vacancies that have occurred. However, the appointments have to be made after a selection process, which has to be transparent. Having regard to the pendency of the litigation and the fact that the appointment is to a U.P.school, the educational agency of which is a Hindu Religious and Charitable Trust, we deem it appropriate that the Assistant Commissioner, Malabar Devaswom Board, Palakkad will also be a party to the committee which makes the selection. This shall be done after inviting applications by affixing appropriate notice WPC 16893/10 & IA 15445/10 in WPC 9164/10 2 in the office of the school of the Trust, if it has a separate office and in the office of the Assistant Commissioner, Malabar Devaswom Board, Palakkad and also by following such procedure of publication of notice as was being done in relation to appointments in the school herein before. The report of the Assistant Commissioner, following the selection, shall be placed on record. WP(C) No.16893/10 In the light of the aforesaid directions, no separate orders are required in WP(C) No.16893/10. Hence this WP(C) is closed without prejudice to the contentions of the parties in WP(C) No.9164/10. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 16893/10 & IA 15445/10 in WPC 9164/10 3