IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 26202 of 2001(T)
1. K.V.RAMANI
... Petitioner
Vs
1. THE A.E.O., KANHANGAD
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/03/2010
O R D E R
S. SIRI JAGAN, J
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O.P.No.26202 of 2001
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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
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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