MUHAMMED ABDUL NAZIR Vs. STATEOF KERALA

JUDGEMENT

(1.) The petitioner who is working as HSA (Arabic) in T.I.M.Girls Higher Secondary School, Nadapuram in Kozhikode district has filed this writ petition seeking a writ of certiorari to quash Exts.P1 to P4 orders. The petitioner has also sought for a writ of certiorari to quash Exts.P5 and P6 to the extent it approves the appointment of the petitioner as HSA (Arabic) only with effect from 2.8.2008, instead of granting approval with effect from 1.6.2005.

(2.) Gong by the averments in the writ petition, the petitioner is working as HSA (Arabic) in T.I.M Girls Higher Secondary School, Nadapuram, managed by the 5th respondent. The school started functioning in the year 1979. The petitioner was appointed in a newly created post of HSA (Arabic) sanctioned for the year 2005 - 06. The approval for his appointment was declined on the ground that the school in question is a newly opened school and by G.O.(P) No.178/02/Fin./G.Edn. dated 28.6.2002, all the vacancies in the newly opened schools should be filled up by absorbing protected teachers. Ext.P1 is the order of the District Educational Officer, Vadakara, the 4th respondent declining approval for the appointment of the petitioner as HSA (Arabic).

(3.) Challenging Ext.P1, the 5th respondent -Manager preferred appeal before the 3rd respondent, the Deputy director of Education, Kozhikode. The said appeal ended in dismissal by Ext.P2 order dated 4.12.2006 stating that protected teachers are not appointed. Ext.P2 order was under challenge in a revision filed by the Manager before the Director of Public Instruction, the 2nd respondent. The said revision also ended in dismissal by Ext.P3 order. Though the Manager has filed a review petition before the Government, the same also ended in dismissal by Ext.P4. In the meanwhile, one protected teacher Smt.Vineetha was appointed in the school in the vacancy which arose when Smt.Biyathu HSA (Physical Science) was promoted to the post of Headmaster and the said Vineetha joined the school on 2.8.2008. Consequent to the same, the appointment of the petitioner was approved with effect from 2.8.2008 by Exts.P5 Government Order and an endorsement to that effect dated 22.8.2009 was also made in Ext.P6 appointment order by the 4th respondent.