JAYASREE, K. N. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was appointed as Drawing Teacher in High School, Seethathode, Pathanamthitta with effect from 1st June 1992. However, by Ext. P3 order dated 30th January 1993 the Deputy Director of Education, Pathanamthitta (Respondent No. 3) abolished the said post of Drawing Teacher for the academic year 1992-93 in exercise of the power of revision under R.12C of Chap.23 of the Kerala Education Rules on the ground that there was no sufficient number of periods. Though a revision petition was filed by the Manager, respondent No. 5 before the Government against Ext. P3 order the said revision petition was dismissed by Ext. P5 order dated 24th March 2001. In this O.P. the petitioner prays for issuance of a writ of certiorari to quash Exts.P - 3 and P - 5 and she also prays for a direction to the respondents to approve her appointment with effect from 1st June 1992 as Drawing Teacher in High School, Seethathode.

(2.) The trust of the argument of learned Counsel for the petitioner is with regard to the authority or jurisdiction of respondent No. 3 to exercise his powers of revision while issuing Ext. P3 order. The specific contention raised by the learned Counsel is that respondent No. 3 could not have exercised the power of revision under R.12C of Chap.23 of the KER since he had become functus officio in asmuch as staff fixation in the school was completed as early as on 19th August 1992 and therefore respondent No. 3 could not have issued Ext. P3 order after a lapse of more than 4 months. However, the contention raised by the learned Government Pleader is that by virtue of R.12(2) of Chap.23 of the KER, respondent No. 3 was competent to scrutinise and revise the staff fixation of the schools. Specific reference is also made to a circular issued by the Government. It is contended that circular No. 51214 / J2-92 / G. Edn., dated 4th August 1992 had in fact extended time for staff fixation upto the end of November, 1992. Therefore, it is urged by the learned Government Pleader that respondent No. 3 was well within his powers to revise the staff fixation order in respect of High School, Seethathode.

(3.) It is pertinent to note that Ext. P3 order was issued on 30th January 1993. It is admitted by the petitioner that she had received notice of hearing in this regard on 16th December 1992. It is contended by learned Counsel for the petitioner that even assuming the circular mentioned above had extended the time for staff fixation for the academic year 1992-93 till the end of November, 1992, the entire exercise of revision had to be completed within a reasonable time. It is pointed out that by the time Ext. P - 3 order was issued, the academic year had almost come to an end, and petitioner had put in service as Drawing Teacher for 8 months from 1st June 1992 till the date of order, i.e., 30th January 1993. R.12C Chap.23 of KER reads as follows: