High Court of KeralaSingle JudgeWrit petition allowed; no order as to costs.

M. P. Muraleedaran v. State of Kerala & Others

Case / Petition Number:WP(C).No. 19619 of 2008 (I)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2013-03-01
Court Decision / Holding
The writ petition is allowed. The 3rd respondent (Assistant Educational Officer) is directed to grant approval of the petitioner from the date of his initial appointment, provided the appointment is otherwise in accordance with law, and to pay the salary due within three months from the date of receipt of a copy of this judgment.
Final Disposition
Writ petition allowed; no order as to costs.

Parties to the Case

Appellants / Petitioners

  • M. P. Muraleedaran

Respondents

  • The State of Kerala, represented by the Secretary to Government General Education Department, Secretariat, Thiruvananthapuram
  • The Deputy Director of Education, Malappuram
  • The Assistant Educational Officer, Tirur, Malappuram District
  • The Manager, PKT.B.M.U.P.School, Kutttari, Tirur, Malappuram District

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.V.A.MUHAMMED
  • • SRI.K.E.HAMZA

Counsels for Respondents

  • • GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

Case Synopsis & Summary

The petitioner, M. P. Muraleedaran, is a Junior Hindi Teacher at PKTBMUPSchool, Kutttari (Kuttari), Tirur, Malappuram District. He was appointed on 1 August 2001, allegedly filling a leave vacancy from 6 October 1998 to 6 December 1998, but his appointment was never formally approved under the Kerala Education Rules (KER). He challenged Ext.P4, a Government Order/notification granting approval from 1 February 2006, which sought to implement a policy ensuring protection of teachers in future vacancies. His core grievance is that Rule 6(viii) of Chapter V requires that, for new schools established after 1979, the Manager must undertake to appoint at least one protected teacher, and that the authorities were obliged to inform the Manager about any protected teachers remaining unemployed in the district; otherwise an appointment made without such undertaking should be eligible for approval. He cites Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863) and the Division Bench decision in Writ Appeal No. 183 of 2010 to support his view that such appointments should be permitted where there are no protected teachers available locally. The RTI record Ext.P15 confirms there were no protected teachers in the relevant district in 2001-02, and Ext.P24 indicates government approvals in similar circumstances. The Court ultimately allows the petition, directing the 3rd respondent to grant approval from the date of initial appointment, provided the appointment complies with law, and to pay salary within three months from the judgment copy.

Provisions of Law Cited

Kerala Education Rules (KER)Rule 6(viii) of Chapter V

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Rule 6(viii) requires that, for new schools, there must be an undertaking to appoint a protected teacher, and that the educational authorities should inform the Manager if such protected teachers are unemployed in the district. In absence of any protected teachers, the Manager cannot be faulted for appointing a teacher. He relies on Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863) and the Division Bench’s approval in Writ Appeal No. 183 of 2010 (Ext.P19) to argue that approvals can be granted in such cases. The RTI records (Ext.P15) show there were no protected teachers in 2001-02 in the district, supporting his position. Ext.P24 indicates government approved similar appointments in comparable circumstances.

Contentions of Respondents

Respondents contend that Rule 6(viii) places the obligation on the Manager to undertake to appoint a protected teacher for new schools, with the educational authorities required to ensure compliance; appointments made without fulfilling such undertakings should not be approved. They rely on policy framing (Ext.P4) and prior orders to require the existence of protected teachers or at least proper information to the Manager. They point to the RTI data (Ext.P15) indicating no protected teachers in the district and to Ext.P24 showing some approvals only under certain circumstances. They argue that allowing the petitioner’s approval contravenes established rules and established practice.

Cited Precedents (13)

Case NameCitationTreatmentExplanation
Moosakutty v. D.E.O., Wandoor2009 (3) KLT 863PositiveCourt relied on this decision to hold that Rule 6(viii) appointments are to be made only if there are protected teachers available in the educational sub-district/district; the approach was approved by a Division Bench in Ext.P19.
Writ Appeal No. 183 of 2010W.A. No. 183 of 2010PositiveDivision Bench approved the view that in absence of available protected teachers or in accordance with the undertaking obligations, approvals may be granted; Ext.P19 cites this decision.
W.A.No.178/2012W.A.No.178/2012PositiveDivision Bench held that even if protected teachers existed, it was the State/educational authorities’ duty to inform the Manager in advance; the petitioner’s position is thereby strengthened.
Decision reported in 1990 (1) KLT 6021990 (1) KLT 602Mentioned OnlyListed among Ext.P11; no explicit treatment discussed in the judgment text.
Judgment in WPC 984/05WPC No. 984/05Mentioned OnlyListed as an exhibit; no discussion on its outcome within the judgment.
Decision reported in 2011 (3) KLT 7902011 (3) KLT 790Mentioned OnlyListed as Ext.P13; cited but not analyzed in detail here.
Judgment in WPC No. 21646/2010 EWPC No. 21646 of 2010 EMentioned OnlyListed as Ext.P14; no detailed treatment in the judgment.
OP 7847/1983 A Dt 7.11.1986OP No. 7847/1983 A Dt 7.11.1986Mentioned OnlyExt.P16 referenced without explicit discussion.
W.A 770/1987W.A No. 770/1987Mentioned OnlyExt.P17 cited; no detailed treatment in judgment.
Judgment in WPC 29151/2009WPC No. 29151/2009 LMentioned OnlyExt.P21 cited; no analysis provided in the text.
Judgment in WPC 25836/2010WPC No. 25836/2010Mentioned OnlyExt.P22 cited; no analysis provided.
Judgment in WPC 24370/2012WPC No. 24370/2012Mentioned OnlyExt.P23 cited; no analysis provided.
GO( Rt) 2638/2012/GT.EDN.—Mentioned OnlyGovernment order cited as Ext.P24; not a case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **FRIDAY, THE 1ST DAY OF MARCH 2013/10TH PHALGUNA 1934** **WP(C).No. 19619 of 2008 (I) ---------------------------** ## **PETITIONER(S):** ## **---------------** **M.P.MURALEEDARAN, AGED 38 YEARS, S/O.KELAPPAN, JUNIOR HINDI TEACHER P.K.T.B.M.U.P. SCHOOL, KUTTAYI, TIRUR MALAPPURAM DISTRICT.** **BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA** ## **RESPONDENTS:** **---------------** **1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.** **2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM.** **3. THE ASSISTANT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT.** **4. THE MANAGER, P.K.T.B.M.U.P.SCHOOL, KUTTARI, TIRUR, MALAPPURAM DISTRICT.** **R1-3 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 19619 of 2008 (I)** ## **APPENDIX** ## **WP(C).No. 19619 of 2008 (I)** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**:**|**TRUE COPY OF THE ORDER NO C1/6659/98 OF AEO**| |---|---|---| |**EXT.P2**|**:**|**TRUE COPY OF THE ORDER IN CMP NO. 32621/02 IN OP**| |||**NO.19178/02**| |**EXT.P3**|**:**|**TRUE COPY OF THE CIRCULAR NO. 31/20706/02 OF DDE**| |**EXT.P4**|**:**|**TRUE COPY OF GO(Rt) NO. 557/08/GEDN OF GOVT.**| |**EXT.P5**|**:**|**TRUE COPY OF THE G.O(Rt)3776/06/GEDN OF GOVT.**| |**EXT.P6**|**:**|**TRUE COPY OF THE G.O(Rt) NO. 3805/06/GEDN OF GOVT.**| |**EXT.P7**|**:**|**TRUE COPY OF THE ORDER NO.EM6/53315/07/DPI/KDIS OF DPI**| |**EXT.P8**|**:**|**TRUE COPY OF THE ORDER APPROVING THE APPOINTMENT**| |||**OF SRI MUHAMMED ASHRAF**| |**EXT.P9**|**:**|**TRUE COPY OF THE ORDER APPROVING THE APPOINTMENT**| |||**OF SRI. VIJAYA KRISHNAN**| |**EXT.P10**|**:**|**TRUE COPY OF THE ORDER APPROVING THE APPOINTMENT**| |||**OF SRI. RAVEENDRAN**| |**EXT.P11**|**:**|**TRUE COPY OF THE DECISION REPORTED IN 1990 (1) KLT 602**| |**EXT.P12**|**:**|**TRUE COPY OF THE JUDGMENT IN WPC NO.984/05**| |**EXT.P13**|**:**|**TRUE COPY OF THE DECISION REPORTED IN2011 (3) KLT 790**| |**EXT.P14**|**:**|**TRUE COPY OF THE JUDGMENT IN WPC NO. 21646 OF 2010 E**| |**EXT.P15**|**:**|**TRUE COPY OF THE LETTER NO. B1/11131/2012 OF THE**| |||**DISTRICT EDUCATIONAL OFFICER, TIRUR DT 30.11.2012**| |**EXT.P16**|**:**|**TRUE COPY OF THE JUDGMENT IN OP NO. 7847/1983 A DT**| |||**7.11.1986 OF THIS HON'BLE COURT**| |**EXT.P17**|**:**|**TRUE COPY OF THE JUDGMENT IN W.A NO 770/1987 DATED**| |||**24.10.1987 OF THIS HON'BLE COURT**| |**EXT.P18**|**:**|**TRUE COPY OF THE DECISION REPORTED IN 2009 (3) KLT 863**| |||**DT 29.6.2009**| |**EXT.P19**|**:**|**TRUE COPY OF THE JUDGMENT IN W.A NO. 183 OF 2010 DT**| |||**21.7.2010 OF THIS HON'BLE COURT**| |**EXT.P20**|**:**|**TRUE COPY OF THE ORDER IN S.L.P. NO. 36558/2010 DT 10.1.2011**| |||**OF APEX COURT**| |**EXT.P21**|**:**|**TRUE COPY OF THE JUDGMENT IN WPC NO. 29151/2009 L DT**| |||**4.6.2010 OF THIS HON'BLE COURT**| **WP(C).No. 19619 of 2008 (I)** ## **PETITIONER'S EXHIBITS:** **EXT.P22 : TRUE COPY OF THE JUDGMENT IN WPC NO. 25836/2010 D DT 26.8.2011 OF THIS HON'BLE COURT EXT.P23 : TRUE COPY OF THE JUDGMENT IN WPC NO. 24370/2012 U OF THIS HON'BLE COURT DT 31.10.2012 EXT.P24 : TRUE COPY OF THE G.O(RT) NO. 2638/2012/GT.EDN. DT. 7.6.2012 OF THE GOVERNMENT** ## **RESPONDENTS' ANNEXURES:** **ANNEXURE R2(a) : TRUE COPY OF LIST OF PROTECTED TEACHERS** **//TRUE COPY//** ## **P.A. TO JUDGE** **jma** K. Vinod Chandran, J -----------------------------------W.P(C) No.19619 of 2008 ------------------------------------- Dated this the 1[st] day of March, 2013 ## **JUDGMENT** The petitioner is a Junior Hindi Teacher, who was appointed in the 4[th] respondent School on 1.8.2001 allegedly by virtue of her earlier appointment in a leave vacancy from 6.10.1998 to 6.12.1998. Though the petitioner was appointed on 1.8.2001, the same was not approved by the authorities under Kerala Education Rules and hence the petitioner had availed of the remedies under KER and has impugned Ext.P4 passed by the Government in the present writ petition. The petitioner is aggrieved by the sanction of approval from 1.2.2006, allegedly, on the ground that no protected teacher was appointed by the 4[th] respondent as provided in Rule 6(viii) of Chapter V; the 4[th] respondent being a “new school”. The approval was granted from 1.2.2006 on the basis of the G.O. of the same date by which provision was made for appointment of protected teachers in the future vacancies arising in the school. - 2 - WP(C).No.19619/2008 2. The petitioner's contention is that though Rule 6 (viii) had provided for obtaining an undertaking from the Manager of the new school established after 1979, to take at least one protected teacher to its rolls, it was the obligation of the educational authorities to inform the Manager as to any such protected teacher remaining unemployed in the educational district. The educational authorities, however, took a view that it was an obligation cast on the Manager to seek for and appoint a protected teacher in the vacancy arising in the new school and any appointments made without complying with the undertaking given under Rule 6(viii) was not liable to be approved. 3. The learned counsel appearing for the petitioner would take me through _**Moosakutty v. D.E.O., Wandoor**_ **[2009 (3) KLT 863]** to point out that this court had in similar situation declared that the appointments under Rule 6(viii) of Chapter V is to be made only if there are protected teachers available in the educational sub district or educational district. The said view has been approved by a Division Bench in Writ Appeal 183 of 2010 and connected cases, by judgment dated 21.7.2010 produced as Ext.P19. - 3 - WP(C).No.19619/2008 4. As is evidenced from Ext.P15, the communication received under the Right to Information Act, that in the academic year 2001-02, there were no protected teachers (specifically Junior Hindi Teachers) in the educational district within which the 4[th] respondent school falls. It is also pertinent that a Division Bench of this Court had in W.A.No.178/2012 held that even if there were protected teachers, it was the obligation of the State or the educational authorities to have informed the Manager in advance about the existence of such protected teachers and in the event of no such intimation being given to the Manager, the Manager could not be held down to the undertaking. The Division Bench hence dismissed the appeals filed by the Government and directed regularization of the petitioners therein from the date of their appointment though there were protected teachers in the educational sub district; the list containing the names of whom were not forwarded to the Manager. 5. In the case of the petitioner, he stands on a better footing since by Ext.P15 it is evident that there are no protected teachers in the post of Junior Hindi Teacher within the educational district itself. It is also pointed out that by Ext.P24 the - 4 - WP(C).No.19619/2008 Government has allowed approval of a teacher in a similar instance. In the overall circumstances indicated above, this Court is of the opinion that this writ petition is only to be allowed and the 3[rd] respondent is directed that the petitioner would be granted approval from the date of his initial appointment subject to the condition that the appointment is otherwise in accordance with law, and paid the salary due within a period of three months from the date of receipt of copy of this judgment. The writ petition is allowed, however, without any order as to costs. Sd/- **(K.Vinod Chandran) Judge** jma ## **//true copy//** **P.A to Judge**