Muhammed Nazarudeen J. v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V
- Judgment Date
- 2022-09-02
- Court Decision / Holding
- The writ petition is disposed of. The 1st respondent is directed to consider and pass orders on Ext.P11 revision petition, with notice to the petitioner and 5th respondent, within four months, taking note of the Supreme Court’s pending proceedings and the Suma Devi decision that managers are to be deemed to have executed bonds and to appoint from the protected list equal to the number of appointments approved during the ban. The Secretary to Government may reckon the deemed bond and proceed accordingly, subject to final orders in the Apex Court. The petitioner may produce the writ petition and judgment before the concerned authority for action.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- Muhammed Nazarudeen J.
Respondents
- State of Kerala represented by the Secretary to Government, Department of General Education, Government Secretariat, Thiruvananthapuram
- Director of General Education, Office of the Director of General Education, Jagathy, Thiruvananthapuram
- Deputy Director of Education, Office of the Deputy Director of Education, Kollam
- Assistant Educational Officer, Office of the Assistant Educational Officer, Kollam
- Manager, K.V.U.P School, Asramam, Kollam
Legal Representation & Advocates
Counsels for Petitioners
- • Poovamulle Parambil Abdul Kareem
- • K. N. Kumaraswamy Sarma
Counsels for Respondents
- • Nisha Bose
Case Synopsis & Summary
Muhammed Nazarudeen J., an Arabic teacher appointed in 2007 as a part-time post in K.V. UP School, Asramam, Kollam, seeks approval of his appointment from the date of initial appointment and a directive to the respondents to finalize his status. His case sits within a framework of government orders that banned recruitment in additional division vacancies from 2005 to 2010, and later lifted the ban subject to conditions. The petitioner was included in the comprehensive teacher’s package of 2011 and his appointment was regularized with effect from 01.06.2011. He contends that similar cases have been decided by this Court directing approval from the date of appointment on the ground that the managers had bound themselves by implied bonds; the State counters that appointments in such vacancies must be apportioned 1:1 and bonds must be executed if not already done, with some challenges to the 2010 order pending before the Supreme Court. The court notes the Suma Devi decision, which holds that non-execution of bonds should be deemed to have been executed and that managers must appoint from the protected list equal to the number of appointments approved during the ban. After weighing arguments, the court disposes of the petition by directing the first respondent to decide the revision petition Ext. P11 expeditiously, taking into account the deemed bond and the protected-list appointments, while reserving final orders in light of Apex Court proceedings.
Provisions of Law Cited
Legal Doctrines & Maxims
- Deemed execution of bonds by managers (absence of actual bond execution)
- 1:1 apportionment of appointments to protected teachers
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that his appointment as a part-time Arabic teacher in 2007, made during a ban on appointments to additional division vacancies, should be approved from the date of appointment. He places reliance on the Government Orders lifting the ban subject to conditions and on this Court’s decisions directing approval for similar 'protected' teachers, asserting that managers are deemed to have executed bonds and must appoint from the protected list to the extent of the number of appointments approved during the ban. He has filed Ext.P11 revision petition and seeks judicial direction to dispose of it in light of the Suma Devi principle.
Contentions of Respondents
The Government Pleader contends that appointments in additional division vacancies must be apportioned 1:1, and that managers should have executed bonds; some challenges to G.O.10/10 are pending before the Apex Court, and the final orders of the Apex Court should prevail. The State relies on the managerial bond framework and administrative practice governing protected appointments.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Kerala and Ors. v. V. Suma Devi and Ors. | W.A.No.2111/2015 | Positive | Court relied on the 2017 Suma Devi decision to affirm that non-execution of bonds by managers should be deemed as bonds executed, obliging proportional appointments from the protected list. |
| WP (C) No. 7577/2022 | WP(C) 7577/2022 | Mentioned Only | Exhibit P12 refers to this judgment; it is cited but not discussed in the reasoning. |
| W.A. No. 2592/2015 | W.A.No.2592/2015 | Mentioned Only | Exhibit P9 is a judgment dated 26/07/2017 in this case; used as an exhibit, not a central holding in the decision. |
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