ANITHA P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners in these Writ Petitions are persons included in Exhibit P1 ranked list for the post of Physical Education Teacher (High School) Malayalam Medium, in the Education Department in Idukki District. Exhibit P1 ranked list published by the Kerala Public Service Commission, the 3rd respondent herein, was brought into force with effect from 29.12.2008. The validity of Exhibit P1 ranked list was extended from time to time and it expired on 30.6.2013. The Writ Petitions were filed on 28.2.2013 and 10.7.2013 respectively, seeking identical reliefs, i.e., a writ of certiorari to quash Exhibit P9 order issued by the Government to the extent it denies the transfer of the petitioners to the Teachers' Bank, and for other reliefs.

(2.) ACCORDING to the petitioners, there are 56 Government High Schools in Idukki District, out of which 34 High Schools do not have sanctioned post of Physical Education Teacher. As evident from Exhibits P2 and P3, those schools do not have sufficient students to have 5 divisions in Standards VIII and IX put together. In Exhibit P4 judgment, a Division Bench of this Court observed that, the entire student community should get training in Physical Education, Craft and the like and in order to achieve this, the Government can probably appoint teachers in these subjects combining the periods of work in different schools. The Division Bench further observed that, it would be desirable for the Government to take over the appointment of Specialist Teachers for aided schools where the schools are not authorised to appoint teachers on account of lack of required period of work.

(3.) ACCORDING to the petitioners, as evident from Exhibit P6 list, there are altogether 11 aided schools in Idukki District, where, there is no Physical Education Teacher available and no appointment of Physical Education Teacher is permissible in those schools, going by the provisions contained in Rule 6 to Chapter XXIII of the Kerala Education Rules (hereinafter referred to as 'the KER'). In addition to this, in 34 Government High Schools included in Exhibit P2 list also no appointment of Physical Education Teacher can be made. In such circumstances, applying the principle laid down by this Court in Exhibit P4 judgment, which was accepted by the Government in Exhibit P5, the candidates included in Exhibit P1 ranked list should have been transferred to the Teachers' Bank for deployment to various Government schools as well as to the aided schools in the State. In Exhibit P7 judgment, while disposing of W.A. No. 1305 of 2012 filed by those who were included in the rank list of Physical Education Teachers in Ernakulam District, this Court observed that it is all the more easy if the teacher is posted in Government schools located in nearby area and directed the respondents therein to identify schools which do not have Physical Education Teachers, assess workload in each school and then estimate the teacher strength required for appointment of Physical Education Teachers in such of the schools where there is need and appoint the required number of teachers from the rank list assigning them the schools and intimate the District Educational Officer to allocate the work and fix the schedule for engagement of teachers appointed.