SUMA K Vs. M SYED MASOOD

JUDGEMENT

(1.) The Review Petition has been preferred by a third party against the judgment in W.P. 7649/2006, after obtaining leave.

(2.) By judgment dated July 3,2006 in the above writ petition, this Court had quashed Ext.P5 order issued by the Secretary in the Local Self Government Department under the Government of Kerala, directing Kulanada Grama Panchayat to stop all further proceedings for appointment of teachers in the Higher Secondary School being run by the Grama Panchayat. The recruitment process was started by the Panchayat pursuant to Ext.P2 notification published by it. The Panchayat had proposed to fill up the nine vacancies of Higher Secondary School teachers after conducting selection through a Selection Committee constituted, for the said purpose. This Court had took the view that the Government was not justified in stalling the selection process without hearing the Panchayat, solely on the basis of a letter issued by the District Secretary of a political party as revealed from Ext.P5 order itself. This Court while quashing Ext.P5 made it clear that it would be open to the Panchayat to fill up the existing vacancies immediately after issuing a notification. It was further directed that the Director of Panchayat, Thiruvananthapuram shall ensure that selection process was conducted "in accordance with the statutory mandates",.

(3.) Review petitioner who claims that she is qualified to be appointed as a Higher Secondary School Teacher contends that the Panchayat is not entitled to make selection and appointment of teachers in the school on its own. Placing heavy reliance on Rule 1(3) of Chapter XIV-A KER, it is contended that only candidates advised by the Kerala Public Service Commission shall be appointed as teachers in schools managed by local self-Government institutions. Initially, appointments in the schools run by Local Statutory bodies were made by the Government in terms of Rule 2(2) of Kerala Panchayat (Spread of Education) Rule 1964. The above clause in Rule 2 postulated that the Panchayat shall be the Educational Agency and its Executive Officer shall be the Manager in respect of the schools run by it. The Executive Officer in his capacity as the Manager was empowered to make appointments. However the above Rules made it clear that establishment and maintenance of schools under the Panchayat would be subject to the provisions contained in the Kerala Education Act 1958 and the Rules made thereunder. Rule 1(3) of Chapter XIV-A KER, as it stood prior to its amendment in the year 2000, postulated that appointment of teachers in schools managed by Panchayats shall be made from among the qualified hands advised by Employment Exchange. The above rule was further amended in April 2000 which reads thus: