STATE OF KERALA Vs. JAYASREE K M

JUDGEMENT

(1.) Jayasree K.N. (hereinafter referred to as the petitioner) was appointed a Drawing Teacher in Seethathodu High School, Seethathodu, Pathanamthitta (for short the School) with effect from 1.6.1992. By order dated 19.8.1992 the District Educational Officer, Pathanamthitta fixed the staff strength of the School for the academic year 1992-93 and created one additional post of a Drawing Teacher in the pay Scale of Rs. 845-1570. On a scrutiny of the staff fixation, the Deputy Director (Education) by his order dated 30.1.1993 (copy of which is Ext. P3 on the record) abolished the newly sanctioned post of the Drawing Teachers against which the petitioner had been appointed. Before passing the order a notice was issued to the Manager of the School and also to the petitioner who was the affected teacher to show cause why the post should not be abolished. The Deputy Director found that the School was having six Divisions in Standard VIII and five Divisions in Standard IX and that one period had been allotted to the Art subject Music/Drawing in Standard VIII and one period for the subject Music/Drawing/Craft & Sewing in Standard IX. He concluded that the availability of the periods for the Group Music/Drawing in the School were only 8 1/2 and that there was already a Music Teacher working in the School and, therefore, the sanction of an additional post of a Drawing Teacher in the School without sufficient number of periods for the subject was not proper. This power was exercised by the Deputy Director: under sub-r.(2) of R.12C in Chap.23 of the Kerala Education Rules (for short the Rules). Feeling aggrieved by the order dated 30.1.1993, the Manager of the School filed a petition under R.12F of the Rules before the State Government and the same was dismissed. A communication dated 24.3.2001 was received by the Manager of the School (copy of which is Ext.5 on the record). The State Government informed the School that since the total number of periods available to Arts group was only 8 1/2, a post of a Drawing Teacher could not be sanctioned in addition to the existing post of a Music Teacher. The abolition of the post of the Drawing Teacher in the School from the year 1992-93 was approved. Not satisfied with the orders of the Deputy Director (Education) and the State Government (Exts. P3 and P5), the petitioner filed O.P.No.21910 of 2001, which came up for hearing before a learned Single Judge. Reference was made to R.12C of the Rules which provides for scrutiny of staff fixation by higher officers. The Deputy Director (Education) is required to scrutinize all orders passed by the District Educational Officer in regard to fixation of staff strength in High Schools and he may revise such of the orders as are found necessary. The Rule further provides that the revision orders shall be passed before the end of August every year and a copy of every such order shall be forwarded to the Director and the Manager/Head Master of the School. Since the order revising the staff strength in the School had not been passed before the end of August 1992 the learned Single Judge concluded that the same was contrary to the provisions of sub-r.(2) of R.12C of the Rules and therefore, illegal. He accordingly quashed the order dated 30.1.1993 and also the communication dated 24.3.2001 received from the State Government affirming the order passed by the Deputy Director. It is against this order that the present appeal has been filed under S.5 of the Kerala High Court Act.

(2.) We have heard learned counsel for the parties and are of the view that the appeal deserves to succeed. R.12 and 12C which are relevant for our purpose may be noticed at this stage. The relevant parts of these rules read as under:

(3.) From the rival contentions advanced by learned counsel for the parties, the short question that arises for our consideration is whether the time limit fixed in R.12C(2) within which the Deputy Director is required to pass the order of scrutiny is mandatory and whether such an order if passed after the end of August in any year would be illegal on that ground.