JITHIN P AND OTHERS Vs. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The 1st petitioner is working as L.P.S.A. and petitioners 2 and 3 are working as U.P.S.A. in Aided Muslim U.P. School, Kooriyad managed by the 5th respondent. The 1st petitioner was appointed as L.P.S.A. on 01.06.2010 and his appointment was approved with effect from 01.06.2011 onwards, as evident from the endorsement made by the 4th respondent Assistant Educational Officer, Malappuram in Ext.P1 order of appointment. Similarly, the 2nd petitioner was appointed as U.P.S.A. on 01.06.2010 in an additional division vacancy and her appointment was also approved with effect from 01.06.2011 as evidenced by endorsement made in Ext.P2 by the 4th respondent. The 3rd petitioner was appointed as U.P.S.A. on 01.06.2010 in a retirement vacancy and her appointment was approved from 01.06.2011 as evident from the endorsement made by the 4th respondent in Ext.P3.

(2.) The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the approval granted for their appointments in Exts.P1 to P3 to the extent of declining approval for their appointments from 01.06.2010 onwards. The petitioners have also sought for a writ of mandamus commanding the respondents to approve their appointment with effect from the actual date of appointment.

(3.) Relying on Ext.P4 staff fixation order for the academic year 2010-2011, the learned counsel for the petitioners would contend that there are sufficient students in order to accommodate the petitioners in the said academic year itself. The non-approval of their appointment from 01.06.2010 onwards, on account of the ban imposed by the Government and the consequential directions to the 5th respondent Manager of the school, is legally unsustainable in view of the law laid down by this Court in Eravanoor AUP School v. State of Kerala [2011 (3) KLT SN 89] and NSS v. State of Kerala [2015 (2) KLT 625].