Arshad Farooq C.K. vs State Of Kerala
2021 Latest Caselaw 4122 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      WP(C).No.21861 OF 2012(G)

PETITIONER:

               ARSHAD FAROOQ C.K., AGED 34 YEARS, (FORMERLY COOK
               (LEAVE VACANCY), KERALA SCHOOL FOR THE BLIND,
               MANKADA PALLIPPURAM, VALLIKKAPATTA P.O.,
               MALAPPURAM DISTRICT, CHATHOTH HOUSE,
               CHERUPPA P.O., MAVOOR-673661.

               BY ADVS.
               SRI.K.D.BABU
               SRI.G.SANTHOSH KUMAR (P).

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY THE SECRETARY,
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.

      2        THE DIRECTOR OF PUBLIC INSTRUCTION
               THIRUVANANTHAPURAM-695001.

      3        THE DISTRICT EDUCATIONAL OFFICER
               MALAPPURAM-679324.

      4        MANAGER, KERALA SCHOOL FOR THE BLIND, MANKADA
               PALLIPPURAM, VALLIKKAPATTA P.O.,
               MALAPPURAM - 679324.

      5        RAJESH, WATCHER, KERALA SCHOOL FOR THE BLIND,
               MANKADA PALLIPPURAM, VALLIKKAPATTA P.O.,
               MALAPPURAM DISTRICT - 679324.

      6        BABU N., MALE GUIDE, KERALA SCHOOL FOR THE BLIND,
               MANKADA PALLIPPURAM, VALLIKKAPATTA P.O.,
               MALAPPURAM DISTRICT - 679324.

               BY ADVS. SRI.BIJU ABRAHAM
               SRI.B.G.BHASKAR
               SRI.V.A.MUHAMMED
               SRI.K.E.HAMZA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 21861/12
                                         2



                                   JUDGMENT

The petitioner has approached this Court

seeking a direction to the 4th respondent--

Manager to appoint him in the vacancy that

arose in the Blind School on 01.04.2011; and

he contests the appointment of 5th and 6th

respondents on the ground that same is in

violation of his statutory claim under Rule

51A Chapter XIVA of the Kerala Education

Rules (KER for short).

2. I notice that this Writ Petition was

filed as early as in the year 2012, but that

the petitioner has not been able to obtain any

orders from this Court, thus making it clear

that for the last more than eight years - when

this Writ Petition has been pending before

this Court - respondents 5 and 6 have been

continuing in service.

3. That apart, since the school in

question is admittedly a Blind School, the WPC 21861/12

provisions of Rule 51A Chapter XIVA of the KER

is not applicable and obviously, therefore,

the petitioner cannot stake a claim based on

the said provision, as has been done in this

Writ Petition.

In the afore circumstances, I close this

Writ Petition without any further orders;

however, making it clear that if any further

vacancies have arisen or are to arise in the

school, the petitioner will be at liberty to

make claim to it as per law.

Sd/-

                                        DEVAN RAMACHANDRAN
       RR                                     JUDGE
 WPC 21861/12



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE APPOINTMENT ORDER

DATED 5/6/2006 ISSUED BY THE 4TH RESPONDENT, THE MANAGER.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 9/3/2008 ISSUED BY THE 4TH RESPONDENT, THE MANAGER.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 13.02.2009 IN WPC NO. 19776 OF 2007.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 11.04.2012 IN WPC NO. 9166/2012.

EXHIBIT P5 TRUE COPY OF THE REVISION PETITION DATED 25/04/2012.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 03.09.2012 PASSED BY THE JOINT DIRECTOR, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.