Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 WP(C).No. 22660 of 2013 (F) ---------------------------- PETITIONER(S): -------------- 1. THE CORPORATE MANAGER CORPORATE EDUCATIONAL AGENCY ARCH DIOCESE OF TRICHUR, TRISSUR.
2. FRANCIS.K.K H.S.A. (NATURAL SCIENCE), ST.JOSEPH'S H.S., ENAMAKKAL THRISSUR. BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): -------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVT. GEN. EDUCATION DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM695001.
2. THE DISTRICT EDUCATIONAL OFFICER TRICHUR DISTRICT680005 R1-R2 BY GOVERNMENT PLEADER SRI.T.RAMAPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22660 of 2013 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 COPY OF THE ORDER
DATED510/2009 ISSUED FROM THE2D RESPONDENT EXHIBIT P2 COPY OF THE ORDER
DATED106/2008 OF GENERAL EDUCATION (J) DEPARTMENT. EXHIBIT P3 COPY OF THE ORDER
DATED286/2002 OF - DO-. EXHIBIT P4 COPY OF THE ORDER
DATED12/2006 OF - DO-. EXHIBIT P5 COPY OF THE REVISION DATED96/2010 FROM THE IST PETITIONER EXHIBIT P6 COPY OF THE LETTER DATED1712/2010 FROM THE IST PETITIONER TO THE IST RESPONDENT EXHIBIT P7 COPY OF THE ORDER
DATED2510/2011 ISSUED FROM THE IST RESPONDENT EXHIBIT P8 COPY OF THE ORDER
DATED110/2011 OF - DO-. EXHIBIT P9 COPY OF THE APPOINTMENT ORDER
DATED26/2009 EXHIBIT P10 COPY OF THE ORDER
DATED1212/2011 OF THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. EXHIBIT P11 COPY OF THE RESPONSE DATED51/2011 ISSUED FROM THE2D RESPONDENT EXHIBIT P12 COPY OF THE JUDGMENT
DATED72/2012 IN WPC NO.38032/2010 OF THIS HON'BLE COURT EXHIBIT P13 COPY OF THE CERTIFICATE DATED46/2013 ISSUED FROM THE SENIOR MEDICAL RECORDS OFFICER, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY. EXHIBIT P14 COPY OF THE REPRESENTATION DATED139.2013 FROM THE PETITIONERS TO THE RESPONDENTS. EXHIBIT P15 COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED110.2013 RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P. A. TO JUDGE Pn C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). No. 22660 of 2013 --------------------------------------------------- Dated this the 21st day of February, 2014 JUDGMENT
The 1st petitioner, Corporate Manager, appointed the 2nd petitioner as H.S.A. (Natural Science) with effect from 02.06.2009 at St. Sebastian's H.S. Mannamangalam, Thrissur. But the appointment was approved on a regular basis only with effect from 01.06.2011, assigning the reason that the petitioner had failed to appoint any protected teacher in the school concerned and also on the basis that the appointment does not extent beyond a full academic year. Contention of the petitioner is that there was no protected teacher available in the educational district as evident from Ext.P11. It was also contended that the reason of non-appointment of protected teacher cannot be sustained in view of the decision of this court in Nair Service Society V. State of Kerala (2013 (4) KLT921. The non-approval of appointment for the period from 02.06.2009 to 31.05.2011 was also challenged on the basis of the decision of the hon'ble apex court in State of Kerala V. Sneha Cheriyan (2013 (1) KLT755(SC)).
2. In view of the legal position remaining settled through the decisions cited above, this court is of the W.P.(C). No. 22660 of 2013 considered opinion that the question regarding approval of appointment of the 2nd petitioner for the disputed period needs reconsideration. The petitioner had produced Ext.P14, which is the copy of a representation submitted before the 1st respondent. Interest of justice will be achieved by directing the 1st respondent to consider Ext.P14 and to take an appropriate decision based on the legal position remaining settled.
3. Therefore this writ petition is disposed of directing the 1st respondent to consider Ext.P14 and to take an appropriate decision on the request made therein, if necessary after affording opportunity of personal hearing to the petitioners and others if any concerned. A decision on Ext.P14 shall be taken at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn