High Court Kerala High Court

Sri.V.Suresh vs State Of Kerala on 1 June, 2009

Kerala High Court
Sri.V.Suresh vs State Of Kerala on 1 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8039 of 2008(F)


1. SRI.V.SURESH, S/O.C.VELUKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE D.E.O., PALAKKAD.

5. THE MANAGER,

6. SMT. SHYAMA,

7. SMT. RESHMI,

8. SMT. INDHU,

                For Petitioner  :SRI.C.UNNIKRISHNAN (KOLLAM)

                For Respondent  :SRI.K.MOHANAKANNAN

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :01/06/2009

 O R D E R
                     T.R. Ramachandran Nair, J.
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                      W.P.(C) No.8039 of 2008-F
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                Dated this the 1st day of June, 2009.

                                JUDGMENT

The petitioner is aggrieved by Exts.P16 and P18 orders by which the

the conversion of post of a Drawing Teacher to that of Music Teacher has

been rejected.

2. A vacancy arose in the school due to the retirement of a Drawing

Teacher. The Manager sought for conversion of the post of Drawing

Teacher into a Music Teacher as per Ext.P5 and appointed the petitioner as

Music Teacher. Ext.P5 was rejected by the District Educational Officer

without any reason. Consequently, the approval was also rejected. An

appeal was filed before the Deputy Director of Education against these

orders and Exts.P7 and P8 orders were passed by the Deputy Director of

Education. As per Ext.P7, a post of Music Teacher was sanctioned instead

of Drawing Teacher. As per Ext.P8, the District Educational Officer was

directed to pass fresh orders regarding the approval of appointment in the

light of Ext.P7. Again, by Ext.P16 the District Educational Officer refused

to approve the appointment on the ground that no protected teachers have

been accommodated in the school.

wpc 8039/2008 2

3. Respondents 6 to 8 are newly appointed teachers in the very same

school whose appointments have been approved without taking any

objection regarding the non appointment of protected teachers. Exts.R8(a)

to R8(c) are the said orders.

4. Learned counsel for the petitioner submitted that the insistence for

appointment of a protected teacher, so as to deny approval of appointment

of the petitioner cannot be said to be correct in the light of Exts.P11 and P21

orders passed by the Government as well as the Director of Public

Instruction. The scheme of appointment of protected teachers in newly

sanctioned and newly upgraded schools after 1979 was formulated by the

Government as per Govt. Order dated 28.6.2002 and by Ext.P11, revised

orders were passed. The obligation under Ext.P11 will only be that the

Manager should appoint at least one teacher from the list of protected

teachers. Ext.P21 is the circular issued by the Director of Public Instruction

in respect of schools which were started prior to 1990 or upgraded before

that date. One vacancy can be earmarked for appointment of protected

teachers. There cannot be any objection regarding the approval of

appointment of other teachers.

5. Therefore, the obligation of the Manager is mainly to appoint one

protected teacher in the school. Going by the circulars issued by the

wpc 8039/2008 3

Director of Public Instruction, the Deputy Director of Education has to

forward a list of protected teachers to the Manager for making appointment.

In this case, learned counsel for the petitioner submits that so far no such

list has been forwarded. This is supported by Ext.P19 which is a proposal

submitted by the Manager to the Deputy Director of Education. The

Manager has requested to supply a list of protected teachers (Social

Science) for appointment. Again, by Ext.P20, the details of the vacancy in

H.S.A. (Social Science) have also been forwarded. Learned counsel

appearing for the Manager submitted that so far no such list has been

forwarded by the Deputy Director of Education. A letter dated 14.1.2009

addressed by the District Educational Officer, Palakkad to the Deputy

Director of Education, Palakkad was also placed for perusal, wherein, in

respect of the request made by the Manager, the D.E.O. has recommended

that the request of the Manager to appoint one protected teacher as H.S.A.

(Social Science) may be considered and accordingly one teacher may be

accommodated. Therefore, the same will satisfy the requirement of the

circulars and there cannot be any objection regarding the approval of

appointment of the petitioner. Learned counsel for the petitioner relied

upon the judgment of this court in Writ Petition No.2563/2008 wherein it

was held that if a list of protected hands has not been made available as

wpc 8039/2008 4

required, the Manager cannot be faulted for not appointing the protected

hands. It was further held that the appointment of the teacher therein

ought to have been approved.

6. In the above view of the matter, Ext.P16 is quashed. The order

Ext.P18 passed by the Government to the extent it adversely affects the

right of the petitioner for getting approval is also set aside. The appointment

of the petitioner is liable to be approved. The 4th respondent will take up the

matter afresh and pass fresh orders regarding the approval of appointment

of the petitioner in accordance with Exts.P7 and P8 bearing in mind the

principles stated in Exts.P11 and P21 also. Appropriate orders will be

passed within a period of two months and consequential monetary benefits

also will be released to the petitioner.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/