R S JIMMISHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) MULAVANA High School Anakudy is one stated to have been opened in 1982 and therefore, it is a newly opened school as conceived by Rule 6 to Chapter V, KER. Its Manager, who is the petitioner in W.P(C).22114/09, appointed the petitioner in W.P(C).24651/07 as HSA (Hindi) and the petitioner in W.P(C). 24599/07 as a member of the non-teaching staff. When those appointment orders went up for approval, they were objected to, on the ground that teachers retrenched from other schools, protected in terms of the Government Order compelling newly opened schools to make appointments, have been totally given a go-bye and the Manager of the MULAVANA High School had not appointed even a single protected teacher and thereby, was dis-entitled to make any other appointment. It is in this context that these writ petitions are filed.

(2.) THERE is abundant materials on record, by which the petitioners attempt to demonstrate that in the cases of different other newly opened schools, approvals were granted for appointments even when protected teachers were not appointed. This was done by obtaining undertakings from the Mangers of those schools that they would make appointments of protected teachers. The obligation is to appoint at least one protected teacher.