IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 OP.No. 26202 of 2001(T) ----------------------- PETITIONERS : --------------------- 1. K.V.RAMANI, AGED 34 YEARS, W/O.MADHAVAN.P, RESIDING AT PUTHIYAVALAPPU, KUNNUMMAL, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD, H.S.A.(MALAYALAM), IQBAL H.S.S., AJANUR. 2. VIMALA ALEX, AGED 32 YEARS, W/O.JOY, RESIDING AT NETTADUKKAM, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD, H.S.A.(MALAYALAM), IQBAL H.S.S., AJANUR. 3. SASHIDHARAN. P, AGED 29 YEARS, S/O.NARAYANAN NAIR, RESIDING AT PUTHUR, PERALAM VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT, H.S.A.(MALAYALAM), PMSAPTS VHSS, KAIKKOTTUKADAVU. 4. C.K.JYOTHI, AGED 25 YEARS, W/O.BALAKRISHNAN, RESIDING AT KAKKARA, VELLURA VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT, H.S.A.(MALAYALAM), PMSAPTS VHSS, KAIKKOTTUDADAVU. BY ADV. MR.KODOTH SREEDHARAN RESPONDENTS : ----------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, LAKSHMINAGAR P.O., KANHANGAD. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI, TRIVANDRUM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/03/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT O.P.No.26202 of 2001 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the 1st petitioner's appointment order approved as per order of 1st respondent dated 17.8.2000. Ext.P2 :- Copy of the 2nd petitioner's appointment order approved as per order of 1st respondent dated 5.8.2000. Ext.P3 :- Copy of the 3rd petitioner's appointment order approved as per order of 1st respondent dated 10.4.2001. Ext.P4 :- Copy of the Circular No.H2/27762/88 issued by the 3rd respondent dated 16.3.88. Ext.P5 :- Copy of the order No.G.O.(M.S)237/2000 G.Edn. Issued by the 2nd respondent dated 15.7.2000. Ext.P6 :- Copy of the order No.G.O.(M.S)305/2000 G.Edn. Issued by the 2nd respondent dated 2.9.2000. Ext.P7 :- Copy of the order issued by this Honourable court on 4.9.2000 in C.M.P.43048/2000 in O.P.25548/2000. Ext.P8 :- Copy of the order issued by this Honourable court on 10.11.2000 in C.M.P.43042/2000 in O.P.25548/2000. Ext.P9 :- Copy of the Circular No.H3.71481/2000 issued by the 3rd respondent dated 24.9.2000. Ext.P10 :- Copy of the order No.D.Dis.3309/01 dt.28.7.01 issued by the 1st respondent. Ext.P11 :- Copy of the order No.D.Dis.3152/01 dt.28.7.01 issued by the 1st respondent. Ext.P12 :- Copy of the Government Order No.G.O.(M.S) 317/01/G.Edn. Dated 24.10.2001. Ext.P13 :- Copy of the representation dated November, 2001 submitted by the petitioner to the 2nd respondent. Ext.P14 :- Copy of the sanction order No.D.Dis. 3152/2001 dtd. 28.7.2001 of the District Educational Officer, Kanahangad. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge S. SIRI JAGAN, J ---------------------- O.P.No.26202 of 2001 ------------------------------ Dated this the 09th day of March 2010 J U D G M E N T The petitioners in this original petition are HSAs (Malayalam) appointed in two aided schools prior to 2002-2003. They filed this original petition aggrieved by Ext.P5 Government Order dated 15.07.2000 and Ext.P9 Circular dated 24.09.2000 in respect of approval of appointments of HSA(Malayalam) in aided schools. In those government orders, the Government noted that hitherto under Rule 6B of Chapter XXIII of KER, the periods available for Malayalam were fixed taking into account total students of a class, irrespective of whether all of them were studying Malayalam or not. Some of the pupil opt to study Arabic, Sanskrit, Urdu etc. Those students were also being taken into account for fixation of student's strength for the purpose of the post of HSA(Malayalam). The Government decided to discontinue that practice with effect from the academic year 2000-2001 and decided to exclude the students learning Arabic, Urdu, Sanskrit etc. for the purpose of fixation of O.P.No.26202 of 2001 -2- staff strength for Malayalam. That was further clarified by Ext.P9. It is challenging Exts.P5 and P9 this original petition was filed. 2. But the Government has by G.O.(Ms) 135/04/G.Edn dated 15.05.2004 clarified that the principles adopted in Ext.P5 Government Order will be followed for appointments made from 2000-2003 onwards only. All the petitioners in this original petition were appointed prior to the academic year 2002-2003. That being so, their appointments cannot now be interfered with on the basis of Ext.P5. It is declared so. The original petition is disposed of as above. Sd/- S. SIRI JAGAN, JUDGE //True Copy// P. A. to Judge Jvt