High Court Kerala High Court

Jayafar C.K. Executive Assistant vs State Council For Educational … on 28 January, 2008

Kerala High Court
Jayafar C.K. Executive Assistant vs State Council For Educational … on 28 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6415 of 2007(L)


1. JAYAFAR C.K. EXECUTIVE ASSISTANT,
                      ...  Petitioner
2. MUHAMMED MUSTHAFA M

                        Vs



1. STATE COUNCIL FOR EDUCATIONAL RESEARCH
                       ...       Respondent

2. THE DIRECTOR,

3. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SMT.P.V.ASHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :28/01/2008

 O R D E R
                                    V.GIRI,J.

                             -------------------------

    W.P ( C) Nos,  26600, 27317, 27201, 27487 of 2006 &

                        6415, 6419,4308  of 2007

                             --------------------------

                  Dated this the 28th  January, 2008


                               J U D G M E N T

Common issues arise for consideration in these writ

petitions and therefore they are being disposed of by a common

judgment. Writ Petition No.6415 of 2007 is taken as the leading

case for convenience.

1. Petitioners in these writ petitions were appointed on a

contract/daily wage basis in different capacities in the Kerala

State Open School, which is stated to be a wing of the State

Council of Educational Research and Training and Centre. They

have been serving in different capacities either on a contract

basis or on a daily wage basis for various periods. Exhibit P3

notification came to be issued by the 2nd respondent inviting

applications for 70 temporary vacancies, in different posts.

Some of the petitioners earlier approached this Court

challenging the notification, inter alia, on the ground that

Special Rules have not been framed for effecting appointments

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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to these posts. What is proposed to be now done is again

appointment on a provisional basis and not regular appointment.

Consequently, there is no reason why persons like the petitioner

who were appointed on a provisional basis should not be

permitted to continue until regular hands are appointed, it is

contended. Reference is made in W.P. (C ) No.4308 of 2007 to

Exhibit P1 order passed in W.P. (C) No.26600 of 2006, which is

also one of the petitions being disposed of by this judgment.

2. In a counter affidavit filed by the Government in

W.P (C) No.26600 of 2006, it is mentioned that the Kerala State

Open School is under the Administrative control of the Director

of State Council of Educational Research and Training and is

functioning as a separate wing of SCERT. Appointments of staff

to the post of teaching faculties, to the administrative branch in

the State Council is on a deputation basis from the existing staff

of the General Education Department. But in the case of the

Kerala State Open School all the staff members were engaged on

a daily wages/contract basis except in the case of the State Co-

ordinator. Special Rules for the State Council or the Open School

are yet to be approved by the Government. The staff pattern as

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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such is approved by the governing body of the State Council

also. Petitioners are working on a daily wage basis. They have

no right to continue in service and they have no right to prevent

a fresh selection being conducted by the respondents.

Petitioners are entitled to participate in the same selection,

notified under Exhibit P2 in W.P. (C ) No.4308 of 2007.

3. A separate counter affidavit has been filed by the

State Council in W.P (C ) No.26600 of 2006 as also in W.P. (C)

No.4308 of 2007. It is contended that several among the

petitioners are not qualified for the post. They have been

appointed on a daily wage basis or on a contract basis. Regular

appointments in the Open School can be effected only when

approval is obtained in that regard from the Government.

Government will have to approve the staff pattern. It is

therefore that the present selection procedure has been

notified. A selection board has been constituted to conduct the

interview for the various posts. In paragraph 8 of the counter

affidavit, it is stated as follows.

“A Selection Board has been constituted to conduct

the interview for the various posts in the SCERT vide Office

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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Order No.A1/3038/2006/SCERT dated 30.6.2007 with

Processor M.A.Khader, Director, SCERT as covnenor and

with Chairman for each Board. A meeting of the Chairman

and members of various Boards was convened by the

Convenor, Director, SCERT on 3.7.2007 and a guideline

was prepared in the meetings. The norms for awarding the

scores and areas of interview questions were also discussed

and finalised in the meeting.

Guidelines for conducting interview:

a) Members from the approved panels may only be

included in the interview Board.

b) 5 Boards may be constituted from the panel to

conduct the interview.

c) There should be minimum 2 and maximum 3

members in each Board including the Chairman

d) The finalisation of scores may be completed in

the interview day itself and the Board Chairman may keep

the signed mark sheets under safe custody

e) The average of the interview scores shall be

signed by the Chairman and members.

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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4. I heard the Learned counsel for the petitioners,

learned Government Pleader, the learned standing counsel for

the State Council as also the learned standing counsel for the

Open School.

5. Admittedly, all the petitioners have been appointed

either on a daily wage basis or on a contract basis. They were

not engaged/appointed pursuant to any notified selection

procedure. Orders of appointments have also not been placed on

record. Petitioners cannot claim any enforceable right to be

permitted to continue in service till regular appointments are

effected or claim regularization of their services. They cannot

seek to interdict the selection now undertaken by the

respondents to the various posts even if it is for appointment on

a daily wages or on a contract basis. I also take note of the stand

taken by the State Council in formulating Guidelines in

conducting selection to the various posts even if such selection is

for appointment on a provisional basis. Petitioners cannot

complain any disability in participating in such selection,

provided they are qualified for such posts.

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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6. In the circumstances, I do not find any reason to

issue any directions to the respondents regarding the alleged

illegality or irregularity in the selection undertaken by the

respondents as notified under Exhibit P2. Petitioners have no

enforceable right as against the respondents on the strength of

their engagement/appointment on a daily wage basis. The law

laid down by the Supreme Court in State of Karnataka Vs.

Ms.Umadevi [2006 (4) SCC 1] also stands in the way of the

petitioners.

For all these, the writ petitions are bereft of merit and

therefore they are dismissed.

(V.GIRI, JUDGE)

ma

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

W.P ( C) Nos. 26600, 27317, 27201, 27487 of 2006 & 6415, 6419,4308 of 2007

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25th May, 2007