IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16515 of 2010(L)
1. DIPINKRISHNA, S/O.UNNIKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE DEPUTY DIRECTOR OF EDUCATION,
5. THE MANAGER, P.V.S.HIGH SCHOOL,
For Petitioner :SRI.U.K.DEVIDAS
For Respondent :SRI.T.G.RAJENDRAN
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/11/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 16515 OF 2010 L
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Dated this the 9th day of November, 2010
JUDGMENT
The petitioner was appointed as Physical Education Teacher
in P.V.S.High School, Eranhikkal under the management of the fifth
respondent, in a leave vacancy of one Ashokan.C.K., for the period
from 5.6.2006 to 31.3.2007. It is stated that the educational officer
rejected the proposal for approval of the appointment. The appeal
filed by the Manager was dismissed as per Ext.P3 order dated
20.6.2008, passed by the Director of Public Instruction. Against
Ext.P3 order, the petitioner filed Ext.P4 Revision before the
Government. It is stated that Ext.P4 Revision is pending disposal.
2. Thereafter, Ashokan.C.K., Physical Education Teacher,
retired from service on 31.3.2007. The petitioner was appointed as
Physical Education Teacher on 2.6.2008. The proposal for approval
of this appointment was also rejected by the Educational Officer, as
per Ext.P7 order dated 15.10.2008, on several grounds including the
ground that a protected teacher was not appointed, the school of the
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fifth respondent being a newly opened school. Ext.P7 order was
challenged in Ext.P8 appeal before the Deputy Director of Education,
who passed Ext.P9 order dated 19.2.2009, confirming the order
passed by the Educational Officer. The petitioner filed Ext.P10
Revision before the Government, which was rejected as per Ext.P11
order dated 7.11.2009. In Ext.P11 order, the Government took the
view that the Manager should have appointed a protected teacher
when a vacancy arose. It is also stated that at that time several
protected teachers were available in the District. The further
statement in Ext.P11 is that the petitioner was not a Rule 51A
claimant and, therefore, he could not claim appointment in
preference to a protected teacher.
3. The learned counsel for the petitioner submitted that Ext.P4
Revision is pending. If it is found that no protected teacher was
available during that period, the appointment of the petitioner for the
period from 5.6.2006 to 31.3.2007 could be approved. If that
appointment is approved, the petitioner becomes a claimant under
Rule 51A of Chapter XIV A of the Kerala Education Rules and,
therefore, notwithstanding the availability of protected teachers, his
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appointment on 2.6.2008 could be approved. The petitioner has also
pointed out that the Manager expressed his willingness, as per
Ext.P13 letter dated 25.5.2010, to appoint a protected teacher and
as per Ext.P14 order dated 17.7.2010 passed by the Deputy Director
of Education, Kozhikode, a protected teacher was deployed in the
school managed by the fifth respondent. The counsel for the
petitioner pointed out that subsequent events also can be taken note
of and the appointment of the petitioner can be approved either from
the date of appointment or from the date of deployment of a
protected teacher, depending upon the facts and circumstances of
the case. According to the petitioner, his appointment for the period
from 5.6.2006 to 31.3.2007 is liable to be approved and if so, there
was no impediment in approving his appointment on 2.6.2008 as
well. These are all matters for consideration by the Government. If
Ext.P4 is pending, all these questions can be considered while
disposing of Ext.P4 Revision. If it is found that Ext.P4 Revision is not
pending, the petitioner can be permitted to make a detailed
representation to the Government pointing out all the above facts
and making necessary prayers. If such a request is filed or if Ext.P4
Revision is pending, then the Government will consider all the
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relevant aspects notwithstanding Ext.P11 order dated 7.11.2009.
After considering the matters, a final decision shall be taken by the
Government within a period of six months. The petitioner shall
produce a copy of the Writ Petition, copy of I.A.No.13951 of 2010
and certified copy of the judgment before the first respondent.
The Writ Petition is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/