RATHEE DEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as High School Assistant (Mathematics) in the High School managed by the 4th respondent. At that time, the 5th respondent was working in the U.P. Section of the same school, which was also managed by the 4th respondent. Though the 5th respondent was aware that vacancy had arisen in Mathematics section of the High School, she did not stake her claim for that post obviously because her subject was not Mathematics and as such she was unqualified for the post. However, after 2 1/2 years, by which time the petitioners appointment had already been approved, she raised a claim for the post. The Deputy Director dismissed the claim as belated. She then filed a revision before the Government, which was also dismissed as per Ext. P4. The petitioner is aggrieved that as per Ext. P8 order the Government, in exercise of its power of review set aside Ext. P4 and reversed its decision i.e. in favour of the 5th respondent.

(2.) The question arises whether Ext. P4 order is liable to be reviewed. The power of review is conferred on the Government by virtue of R.93 of Chap.14A of the K.E.R. It provides as follows: -

(3.) According to the learned counsel for the petitioner, what can be reviewed under the provisions is only an original order and not a revisional order like Ext. P4. The term Original is not defined in the Act or Rule and as such one has to go to the dictionary meaning of the term. The Concise Oxford Dictionary of Current English (8th Edition) defines the term Original as existing from the beginning; innate; novel; inventive; creative etc. The Compact Oxford Thesaurus (1997 Edition) defines the word as initial, first, earliest, primary, beginning, starting, basic etc. The term original order necessarily indicates that it should be novel or basic and not based on the order passed by some other authority. It is to be remembered here that there are several orders which are to be passed by the Government in exercise of its original jurisdiction; say, under S.12A or 15 of the Kerala Education Act. There are other orders which might be passed by the Government in exercise of appellate or revisional jurisdiction in which case the original order will not be that of the Government; but that of an inferior authority which passed an order in exercise of powers under the Act or Rules, for the first time. Such orders may come up for further consideration of the Government by virtue of one or the other provisions of the Act; but what the Government passes thereon is not an original order; but an Appellate / Revisional order as the case may be. What is apparent in R.93 is that a distinction is drawn between original orders of the Government and orders of the Government which are not original; but based on original orders of some other inferior authority. It is very clear from a perusal of R.93 that there review possible is only of original orders of the Government and that the power will not be available in respect of orders passed by the Government in exercise of appellate or revisional jurisdiction. In fact, this Court had occasion to deal with this question in some earlier cases also, e.g.. O.P. No. 5974/88, 9837/92, 12749/93 and W.A.No. 20/96. In the circumstances, the petitioner is well justified in contending that Ext. P8 order, which in effect reviewed Ext. P4, was passed without jurisdiction.