K. Balakrishnan Nair, J. O.P. No. 36781/2001 D

The point that arises for decision in this Original Petition is whether for satisfying the subject requirement in a High School, a HSA working since 1982 should be retrenched to accommodate a fresh hand appointed in the academic year 2000-2001 or whether the concept of minimum subject requirement can be invoked to retain the teacher with 18 years service. The brief facts necessary for the case are the following:

2.The first petitioner was appointed as UPSA on 5.1.1987 in the fourth respondent's school and her appointment has been approved. She was having B.A. and B.Ed, and therefore was qualified to be promoted as HSA (Social Studies). She was promoted as HSA (Social Studies) in a short term leave vacancy which arose on 6.6.1995. The said appointment was approved and on termination of the said vacancy, she was reverted. Again she was appointed in similar short spells as HSA (Social Studies), but the details of those appointments may not be relevant for this case. While so, a retirement vacancy arose and the first petitioner was appointed to that vacancy as per Ext. P2 order dated 5.6.2000. The said vacancy was created due to the retirement of a Social Studies hand. The second petitioner was appointed to the vacancy of UPSA whenever the first petitioner was being promoted as HSA in short term vacancies earlier. Finally, she was also appointed as UPSA in the regular vacancy created by the promotion of the first petitioner.

3. The petitioners submit that during the academic years 1997-98,1998-99 and 1999-2000, as per the teacher - student ratio of 1:45, there were only 15 posts of HSAs. But, applying the teacher - student ratio of 1:40 for retaining the existing hands, 17 posts were sanctioned during these years and in those posts, the fifth respondent and one Smt. K.J. Katherine were retained.

4. But, during the academic year 2000-2001, the District Educational Officer did not apply the ratio 1:40, but applied only the ratio of 1:45 and 15 vacancies alone were sanctioned. During that academic year, one vacancy of HSA and one vacancy of UPSA arose as a result of retirement. The staff fixation for the year 2000-2001 is Ext. P14. As per the DPI's Circular governing subject requirement, when 15 posts of HSAs are sanctioned, it should be allotted to various Subjects in the following manner:

HSA (General Science) -5

(Physical Science-3, Natural Science-2) HSA (Maths)-5,

HSA (Social Studies) - 5.

But the actual strength available at the beginning of the academic year was:

HS A (Social Studies)-3 HSA (Maths) - 5 HSA (Science) - 8.

Among the four Social Studies hands, who worked during the previous year, one retired from service on 31.3.2000 and as a result the strength of Social Studies hands was reduced to 3 during 2000-2001.

5. Pursuant to Ext. P14 staff fixation order, the District Educational Officer issued Ext. P15 order directing the Manager to accommodate the fifth respondent {HSA Natural Science) against the retirement vacancy of the Social Studies hand and it was also ordered that Smt. Katherine shall be accommodated in the retirement vacancy of the LIPS A. As a result of this order, there was no vacancy to accommodate the first petitioner as HSA and also no vacancy to accommodate the second petitioner as UPSA. The Manager filed an appeal against Ext. P14 order of staff fixation of the District Educational Officer, which was allowed in part by the Deputy Director of Education by Ext. P17 order dated 30.12.2000. The Deputy Director affirmed the order of the District Educational Officer directing the retention of the fifth respondent in the vacancy of HSA available as a result of retirement of a Social Studies hand. Since Smt. Katherine was facing retrenchment, she was ordered to be retained in the High School by applying the teacher-student ratio of 1:40. Against Ext. P17, the Manager filed Ext. PI8 revision before the Director of Public Instruction which was disposed of by the Joi