IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19943 of 2008(Y)
1. C.M.RAJAN, S/O.LATE C.M.CHANDRAPPAN,
... Petitioner
2. ABDUSALAM K.K., HSA (URDU), CMC GIRLS
Vs
2. THE DISTRICT EDUCATIONAL OFFICER,
... Respondent
1. STATE OF KERALA, REP. BY ITS SECRETARY
3. M.AMBUJAKSHY, MADATHIL HOUSE
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :SRI.P.R.SREEJITH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/07/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 19943 OF 2008 Y
and
W.P.(C) NO. 20299 OF 2008 N
--------------------------------------------
Dated this the 21st July, 2008
JUDGMENT
W.P.(C) No.19943 of 2008 is filed by the Manager of C.M.C.Girls
High School, Elathur, Kozhikode District and a teacher appointed by the
first petitioner in the said School. W.P.(C) No.20299 of 2008 is filed by
Ambujakshi, Urdu teacher working in the said School and who claims for
appointment as HSA and whose claim has been accepted by the
educational authorities.
2. Ambujakshi was appointed as Junior Urdu teacher in the
provisional vacancies for various spells. According to her, she is a
claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules.
She was appointed as UPSA in Urdu in various spells as follows:
"a) 3.6.1981 to 31.8.1981
b) 3.6.1982 to 27.8.1982
c) 1.9.1982 to 30.3.1983
d) 15.6.1983 to 1.3.1984 and
e) 15.7.1986 to 31.3.1987."
The appointment in the aforesaid various spells were approved by the
District Educational Officer. Ambujakshi was appointed as HSA Urdu in
W.P.(C) NOS.19943 & 20299 OF 2008
:: 2 ::
C.M.C.Girls High School from 20.6.1991 onwards. That appointment was
not approved on the ground that the petitioner did not have the required
qualification. A vacancy of HSA arose on 31.3.2008. Ambujakshi staked
her claim for appointment to the post pointing out her preferential claim
under Rule 51A of Chapter XIVA of the Kerala Education Rules. The
Manager rejected the claim made by Ambujakshi as per his
communication dated 19.3.2008 (Ext.P3). The stand taken by the
Manager was that Ambujakshi had got approved service only as Junior
Urdu teacher and that she was not appointed as HSA Urdu in the School
on any previous occasion. Ambujakshi challenged Ext.P3 before the
District Educational Officer. The District Educational Officer heard
Ambujakshi and the Manager. The District Educational Officer passed
order dated 31.5.2008, upholding the preferential right for appointment as
HSA put forward by Ambujakshi, which is marked as Ext.P5 in W.P.(C)
No.20299 of 2008 and as Ext.P6 in W.P.(C) No.19943 of 2008. The
District Educational Officer passed the order relying on G.O.(P) No.187/05
dated 17.6.2005 and the amendment brought in Rule 51A.
3. In W.P.(C) No.20299 of 2008, Ambujakshi has made the
following prayers:
“a) Declare that the petitioner is entitled to preferential
appointment as H.S.A (Urdu) to the post arose on
31.3.2008 in the C.M.C. Girls High School, Elathur
under the management of the 1st respondent in
terms of Ext.P5.
W.P.(C) NOS.19943 & 20299 OF 2008
:: 3 ::
b) Declare that the 1st respondent is not justified in not
appointing the petitioner forthwith as HSA Urdu in
C.M.C.Girls High School, Elathur, pursuant to Ext.P5
and P6.
c) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 1st
respondent to appoint the petitioner as H.S.A.
(Urdu) in the post arose on 31.3.2008 in the
C.M.C.Girls High School, Elathur pursuant to Ext.P5
and Ext.P6.
d) grant such other reliefs which this Hon'ble Court may
deem fit and necessary to grant in the
circumstances of the case; and
e) to award the cost of these proceedings to the
petitioner."
4. Challenging the order passed by the District Educational Officer,
the Manager has filed Revision dated 11.6.2008, under Rule 92 of
Chapter XIVA of the Kerala Education Rules. The Memorandum of
Revision is on record as Ext.P9 in W.P.(C) No.19943 of 2008. The reliefs
prayed for by the Manager and the Teacher appointed by him in W.P.(C)
No.19943 of 2008 are the following:
“i) issue a writ of certiorari or any other appropriate
writ, order or direction, quashing Ext.P6;
ii) issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 1st
respondent to consider and dispose of Ext.P9
Revision Petition, forthwith;
iii) issue such other writ, order or direction which may
deem fit in the facts and circumstances of the case.”
W.P.(C) NOS.19943 & 20299 OF 2008
:: 4 ::
5. After having heard the counsel appearing for the petitioners in
both the Writ Petitions and the learned Government Pleader, I am of the
view that the Writ Petitions can be disposed of directing the Government
to dispose of the Revision filed by the Manager expeditiously and also to
consider the request of either side to pass appropriate interim orders.
In the result, the Writ Petitions are disposed of as follows:
a) The first respondent in W.P.(C)No.19943 of 2008 shall dispose of
Ext.P9 Revision dated 11.6.2008, filed by the Manager, as
expeditiously as possible and, at any rate, within a period of three
months, after affording an opportunity of being heard to the
Manager, Abdusalam K.K. – the second petitioner in W.P.(C)
No.19943 of 2008, and also Ambujakshi – the petitioner in W.P.(C)
No.20299 of 2008.
b) The Manager as well as Ambujakshi would be entitled to move the
Government for appropriate interim arrangement to be made in the
facts and circumstances of the case.
c) If such a petition is filed within a period of ten days, the
Government shall dispose of the application for interim relief within
a period of two weeks thereafter.
W.P.(C) NOS.19943 & 20299 OF 2008
:: 5 ::
d) The parties would be entitled to produce such other documents
and materials before the Government in support of their respective
contentions.
e) Petitioners in W.P.(C) No.19943 of 2008 shall produce a copy of
that Writ Petition and certified copy of the judgment before the
Government.
f) The petitioner in W.P.(C) No.20299 of 2008 shall produce before
the Government a copy of the Writ Petition filed by her.
g) All the contentions of the parties are left open and the reliefs not
dealt with while disposing of these Writ Petitions are to be treated
as not considered and decided.
(K.T.SANKARAN)
Judge
ahz/