IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19108 of 2009(G)
1. HARIKRISHNAN.C.A.
... Petitioner
2. BIJI S.S.,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR,
3. THE REGIONAL DEPUTY DIRECTOR,
4. THE MANAGER,
5. THE MANAGER,
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/10/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.19108/2009-G
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Dated this the 19th day of October, 2009
J U D G M E N T
The petitioners herein are working as Librarian Gr-IV in P.R.William
H.S.S., Kattakkada and Abraham Memorial H.S.S., Thirumala respectively.
2. The first petitioner was appointed on 28/07/2008 in anticipation
of sanction of post as per Ext.P1 order. The second petitioner was
appointed on 09/01/2008 as per Ext.P2 order. The proposal for approval of
the first petitioner was rejected by the second respondent as per Ext.P3
order and by Ext.P4 order the third respondent rejected the proposal for
approval of the second petitioner.
3. The main prayer in the writ petition is for a direction to the
second and third respondents to approve the appointment of the petitioners
as Librarian Grade IV in the schools of respondents 4 and 5 with effect from
their date of appointments, i.e., 28/07/2008 and 09/01/2008 respectively.
4. The petitioners are relying upon the directions issued by this
Court in a similar case, W.P.(C).No.6112/2006 and connected case, which
was disposed of by Ext.P5 judgment dated 28/03/2007. Thereafter, many
representations were submitted to the Government by similarly situated
W.P.(C). No.19108/2009
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persons. Ext.P6 is one such representation and Ext.P7 is the representation
of a Manager, seeking for similar reliefs. In reply to Ext.P6, the
Government by Ext.P8 informed that the post of Librarians in Higher
Secondary Schools is yet to be sanctioned for want of orders creating post
of Librarian.
5. Against the directions issued by this Court in Ext.P5, the matter
was taken in appeal by the respondents in W.A.No.2065/2008. Therein the
petitioners were Librarian Grade III and Manager of a school. The Division
Bench considered the various aspects and held thus in paragraph (7):-
“Though the learned Single Judge technically left
the matter for the decision of the Director, practically,
the Director has no other option but to sanction the post
of Librarian, in view of the clear finding in favour of
sanction of the post of Librarian Gr.III. In view of the
above position, we set aside the direction in the
judgment under appeal, to sanction the post of Librarian
Grade III in the second respondent’s school. The second
appellant is directed to consider the claim of the
respondents herein for sanction of the post of Librarian
W.P.(C). No.19108/2009
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regard to the students’ strength, the number of books in
the Library, the facilities in the Library etc. While taking
the decision, the second appellant shall be uninfluenced
by any view expressed by the first appellant.”
6. It was also held therein that “as per the Rules, the Director of
Higher Secondary Education has got the power to sanction the post of
Principal in a Higher Secondary School. But, without the post of Principal,
the school cannot function. So, it can be safely concluded that in regard to
the post of Principal, the power of the Director is one coupled with duty,
which has to be exercised. Likewise, in the case of Librarian also, it is for
the Director to decide whether a post should be sanctioned or not. Going by
the statutory scheme, we find no role for the Government in sanctioning of
posts in Higher Secondary wing. There is no rule in Chapter XXXII, similar
to Rule 14 of Chapter XXIII of the K.E.R., which enables the Government
to extend the prohibition introduced by it for creation of posts in
Government Schools to aided schools also.”
7. Finally, the Director of Higher Secondary Education was
directed to consider the claim of the respondents therein for sanction of the
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post of Librarian Gr.III and take a decision in accordance with law, having
regard to the students’ strength, the number of books in the Library, the
facilities in the Library etc. It was also directed that while taking the
decision, the second appellant will be uninfluenced by any view expressed
by the first appellant-Government.
8. Therefore, similar directions are called for in this writ petition
also. In that view of the matter, Exts.P3 & P4 are quashed. There will be a
direction to the second respondent to consider the case of the petitioners for
sanction of the post of Librarian Gr-IV and take a decision in accordance
with law having regard to the students’ strength, the number of books in the
Library, the facilities in the Library etc. The petitioners and the Managers
will be given an opportunity of being heard in the matter. The said exercise
will be completed within a period of three months from the date of receipt
of a copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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