V.P.BEEPATHU AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) UNDER challenge in this writ petition are Exts.P5(a) and P5 (b) Government Orders. According to the petitioner, Ext.P5(a) and P5(b) orders are against statutory rules as held by this Court in Ext.P5 judgment, wherein it was held that without statutory amendments, the Government Orders under challenge in this writ petition cannot be implemented.

(2.) THE petitioner is the Manager of an aided school. The petitioner appointed the fifth respondent as High School Assistant in Malayalam against the anticipated additional post, which could be granted in view of the students' strength and as per provisions in Chapter XXIII of the Kerala Education Rules. However, the post was not sanctioned and; therefore, the appointment was not approved. On the strength of Government Order dated 15th July, 2000 [Ext.P5(a)], the petitioner alleges that Ext.P5(a) was held invalid by this Court in Ext.P5 judgment. Thus, she has come up before this Court.

(3.) IN Ext.P5(a), it was ordered that no post of HSA (Mal.) be sanctioned from the beginning of the academic year 2000 - 2001 reckoning the number of students learning other language viz., Arabic, Urdu, Sanskrit etc. This was put to challenge in Ext.P5 judgment. In paragraph 7 of Ext.P5, this Court observed as under :