High Court of KeralaWP(C)/24946/2012disposed of

A.C.Nader Koya v. The Union Of India

2015-06-26Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 24946 of 2012 (S) ---------------------------- PETITIONER(S) :- -----------------

1. A.C.NADER KOYA RETIRED TEACHER, ATHANA ILLAM CHETTA HOUSE AGATI ISLAND, PIN-682553.

2. MOHAMMED NAZER.M.P.

MULLIPURE HOUSE, AGATI ISLAND, LAKSHADWEEP.

BY ADVS..

SRI.K.R.AVINASH (KUNNATH) SRI.C.H.ABDUL RASAC SRI.K.K.BALAKRISHNAN (KODIYURA) SRI.U.P.BALAKRISHNAN RESPONDENT(S) :- ------------------

1. THE UNION OF INDIA MINISTRU OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATIONAL LITERACY EE 15 SECTION, NEW DELHI, REPRESENTED BY SECRETARY.

2. NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING SRI AUROBINDO MARG, NEW DELHI-110 016 REPRESENTED BY ITS DIRECTOR.

3. THE UNION TERRITORY OF KAVARATI DEPARTMENT OF EDUCATION, KAVARATI-682555 REPRESENTED BY DIRECTOR OF EDUCATION.

4. THE UNION TERRITORY OF LAKSHADWEEP KAVARATI-682 555, REPRESENTED BY ADMINISTRATOR. Addl.5. NASARULLA.D S/O.PP.AHMED, DARUSSALAM (H), AGATTI ISLAND LAKSHADWEEP, PIN -682553.

WP(C).No. 24946 of 2012 (S) ---------------------------- Addl.6. ASADULLA.P.

S/O.P.UMMERKOYA, PUTHIYA PATTINIYODA(H), AGATTI ISLAND LAKSHADWEEP, PIN -682553.

Addl.7. MOHAMMED ALI.KC S/O.NADER KOYA.AC, KITTAN CHETTA (H), AGATTI ISLAND LAKSHADWEEP, PIN - 682553.

Addl.8. UMMUL KULUSE.B.D.

D/O.ABDUL KADER KOYA (LATE), BAITHUDHEEN (H) AGATTI ISLAND, LAKSHADWEEP, PIN - 682553.

Addl.9. UMMER FAROOK.TKP S/O.KUNHI KOYA MI, THEK KEELAPURA (H), AGATTI ISLAND LAKSHADWEEP, PIN - 682553.

Addl.10. SHARAFUDEEN.D.

S/O.MK.UMMERKOYA, DARIVINODA (H), AGATTI ISLAND LAKSHADWEEP, PIN-682553.

Addl.11. MOHAMMED AZAHARUDHEEN.KM S/O.MUTHUKOYA.MP, KOMALAM MAYAPURA (H), ANDROTH ISLAND LAKSHADWEEP, PIN -682551.

Addl.12. ALI AKBER.M.

S/O.MUTHKOYA.CH (LATE), MAYDAN(H), CHETHLATH ISLAND LAKSHADWEEP, PIN -682554.

Addl.13. NISAMUDHEEN.CN S/O.MUTHKOYA.MK, CHERIYAN NALLAL (H), KALPENI ISLAND LAKSHADWEEP, PIN - 682557.

Addl.14. YAHIYA KHAN.M.I.

S/O.SAYED ASHRAF, MELA ILLAM(H), KILTHAN ISLAND LAKSHADWEEP, PIN-682558.

Addl.15. HASEENA.KA S/O.MOHAMMED.M, KARANGOTHI ATHIRIGE (H) MINICOY ISLAND, LAKSHADWEEP, PIN - 682559.

Addl.16. MAHSOOM ALI.CH S/O.MOHAMMED.A., CHEKITHIYODA (H), CHETHLATH ISLAND LAKSHADWEPP, PIN -682554.

Addl.17. ASRUDHEEN.P.

S/O.SAYED ALI (LATE), PANDAL (H), KADAMATH ISLAND LAKSHADWEEP, PIN - 682556.

WP(C).No. 24946 of 2012 (S) ---------------------------- Addl.18. RAHEEMABI.P.

D/O.SAYED MOHAMMED KOYA THANGAL , PUTHALAM (H) ANDROTH ISLAND, LAKSHADWEEP, PIN -682551.

Addl.19. ABDUL JALEEL.PP S/O.POOKOYA.T., PALLICHAPURA (H), AMINI ISLAND LAKSHADWEEP, PIN - 682552.

Addl.20. HALEEMA BEEGUM.KI D/O.ZAMARATH.MK., KADAPURATHA ILLAM, KAVARATTI ISLAND LAKSHADWEEP, PIN -682555.ADDL.

R5 TO R20 ARE IMPLEADED AS PER ORDER DATED 13/02/2013 IN IA 1446/2013.

Addl.21. THE SECRETARY MINISTRY OF HOME AFFAIRS, NORTH BLOCK CENTRAL SECRETARIAT, NEW DELHI - 110 001.

ADDL.R21 IS IMPLEADED AS PER ORDER DATED 23.01.2015 IN IA 16721/14.

R3 & 4 BY ADV. SRI.S.RADHAKRISHNAN, SC,LAKSHADWEEP ADMN R1, 2 & 21 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL ADDL R5 TO 20 BY ADV. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.S.SHIRAZ BAVA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).NO.24946 OF 2012 APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :- TRUE COPY OF THE SPECIMEN OF THE CONTRACT. EXT.P2 :- TRUE COPY OF THE NOTIFIED RECRUITMENT RULES ISSUED BY 3RD RESPONDENT DATED 1.2.2011.

EXT.P3 :- TRUE COPY OF THE NATIONAL POLICY OF EDUCATION 1986. EXT.P4 :- TRUE COPY OF THE NATIONAL CURRICULUM FRAMEWORK 2005.

RESPONDENT'S EXHIBITS :- EXT.R5(a) :- TRUE COPY OF THE COMMUNICATION DATED 19.1.1996 ISSUED BY THE MINISTRY OF HOME AFFAIRS, ADDRESSED TO THE 4TH RESPONDENT.

EXT.R5(b) :- TRUE COPY OF THE ORDER BEARING Nos 18/38/93-Edn DATED 3.7.1996 OF THE 4TH RESPONDENT.

EXT.R5(c) :- TRUE COPY OF ORDER DATED 23.1.1999 OF THE 4TH RESPONDENT.

EXT.R5(d) :- TRUE COPY OF THE REPRESENTATION DATED 6.11.12 SUBMITTED BEFORE THE HON'BLE MINISTER FOR HUMAN RIGHTS DEPARTMENT.

EXT.R5(e) :- TRUE COPY OF THE REPRESENTATION DATED 6.11.12 SUBMITTED BEFORE THE HON'BLE MINISTER FOR HOME AFFAIRS. EXT.R5(f) :- TRUE COPY OF THE REPRESENTATION DATED 6.11.12 SUBMITTED BEFORE THE HON'BLE SECRETARY GENERAL OF NATIONAL HUMAN RIGHTS COMMISSION.

//TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.24946 of 2012 ------------------------------------------ Dated this the 26th day of June 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioners, Sri.N.Nagaresh, the learned Assistant Solicitor General appearing for respondents 1, 2 and 21 as well as Sri.S.Radhakrishnan, the learned Standing Counsel appearing for respondents 3 and 4. 2.

This writ petition filed in the form of public interest litigation claims to have been filed for the benefit of children of age between 6 to 14 years studying in various schools in Lakshadweep. The petitioners in the writ petition have prayed for the following relief :- "issue a writ of mandamus or such other writ or order directing 1st respondent to take effective steps for recruiting regular teachers in all permanent vacancies in the Education Department in Lakshadweep either by regular recruitment or by regularizing contract teachers within such time this Hon'ble court deem fit to grant." Petitioners' case in the writ petition is that appropriate steps have not been taken by Lakshadweep administration, although large number of post of teachers are lying vacant, the details of posts

W.P.(C) No.24946 of 2012 -: 2 :- lying vacant have been mentioned in paragraph 6 of the writ petition.

A counter affidavit has been filed by respondents 3 and 4, wherein, it is stated that the Lakshadweep Administration had already sent a proposal to the Government of India in the year 2008.

Learned Assistant Solicitor General, after obtaining instructions would submit that no such proposal was received by the Government, nor was it processed. A statement has been filed by the Assistant Solicitor General, wherein, the following has been stated in paragraph 3 :- "It is respectfully submitted that the proposal of Union Territory of Lakshadweep Administration for creation of 2 posts of Principals, 59 Post Graduate Teachers (PGT), 2 posts of Librarian and 16 posts of Laboratory Assistant for the newly upgraded Girls Senior Secondary Schools has been received in the Ministry on 01.06.2015 and in ANL Section of the UT Division on 03.06.2015. The matter has been referred to Integrated Finance division (Home) seeking approval of Department of Expenditure, Ministry of Finance. Since the proposal of UT Administration necessitates inter Ministerial consultation and for taking a decision in such kind of proposal normally takes 6 months period of time."

W.P.(C) No.24946 of 2012 -: 3 :- It has been stated by the learned ASG that the time required for completion of entire process is about six months. It is stated that since the proposal has already been received on 1.6.2015, within six months period, the entire process will be completed. In view of the above statement, which has been made on behalf of respondents 1, 2 and 21, we dispose of the writ petition directing respondent No.21 to ensure that the entire process on the basis of the proposal received on 1.6.2015 from Lakshadweep Administration be completed within six months. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt