MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) The Manager of an aided School has preferred this writ petition. The petitioner by Ext.P1 dated 22.07.2011, appointed the 4th respondent as Librarian in Vivekananda Vocational Higher Secondary School & Higher Secondary School, Poredom. The 3rd respondent rejected the proposal for appointment as per Ext.P2 order dated 17.10.2011 stating that a Government Order creating the post of Librarian Grade III is required for granting approval of the appointment. Ext.P2 was challenged before this Court in WP(C) No.33551/2011 which was allowed by this Court as per Ext.P3 judgment dated 12.10.2012. This Court set aside Ext.P2 and directed the Director of Higher Secondary Education to reconsider the issue in the light of the judgment of a Division Bench of this Court in W.A.No.2065/2008. The judgment referred to in Ext.P3 has been produced along with the writ petition as Ext.P7. In Ext.P7 this Court considered the question regarding sanctioning of the post of WP Librarian in all Higher Secondary Schools in the State. Paragraph 7 of the judgment is extracted below:

(2.) It can be seen that this Court categorically held that it is for the Director to take a decision regarding the sanctioning of a post of Librarian in a school and that the Government cannot dictate the manner in which the Director should exercise his power to sanction a post. The judgment of the Division Bench was challenged by the State by filing Special Leave Petition before the Apex Court. The Apex Court dismissed the SLP observing that the Director of Education while considering the question of grant of sanction to the post of Librarian will also be entitled to take into consideration any question of financial involvement that may surface.

(3.) Pursuant to the directions contained in Ext.P3 judgment, the Director issued Ext.P4 proceedings on 20.01.2013, once again rejecting the request for approval of the appointment of the 4th respondent. The reason stated in the order is that since there is a huge financial implication in sanctioning the post of Librarian in the Higher Secondary School, concurrence of the Government is required. Petitioner has challenged Ext.P4 order in this writ petition apart from challenging Ext.P8 amendment to the Kerala Education Rules issued on 11.12.2012, whereby the Government was empowered to extent any ban on creation of posts in aided Higher Secondary Schools.