JUDGMENT

The writ petition is preferred by a Manager seeking sanction of Part Time Arabic post from the year 2012 and challenging Ext.P12 order, whereby the request for sanctioning the post was rejected by the Government in revision.

2. It is stated that the petitioner’s School is situated in a place where there is predominance of members of the Muslim community. Therefore, the number of students desirous of studying Arabic is more than sufÏcient.

3. During the academic year 2012-2013, parents of twelve students in 5^th standard sought for classes to learn Arabic. Accordingly, the petitioner had submitted representation before the 5^th respondent-AEO seeking to sanction one part-time Arabic post. As per the provisions of Rule 6 of Chapter XXIII, there should be 12 students in the initial year, to sanction one part time post. In the year 2012, the petitioner’s School is having 12 students. This is the circumstance in which the petitioner approached the 5^th respondent for sanctioning the post of Part Time Arabic teacher in the academic year 2012-

2013.

4. It is submitted that in anticipation of sanctioning one part- time Arabic post, the petitioner appointed Sri.Shamsudheen T.K. as Part Time Arabic Teacher, as per appointment order dated 12.11.2012. However, that appointment was rejected by the 5^th respondent stating that no post can be sanctioned for want of specific order for revising the staff strength during the year 2012-2013 and in the premise that the staff fixation orders for the academic year 2010-2011 is continuing. Even during this uncertainty, students who came forward for learning Arabic was increased. Accordingly, the incumbent who was appointed by the petitioner was deployed to teach Arabic without any monetary benefits and approval. Thereafter, in the academic year 2013-2014, there occurred an increase in the number of students who are willing to learn Arabic. Accordingly, there became 23 students in the academic year 2013-2014 in the petitioner’s School.

5. Later in the next academic year also, some more students were joined. Then the total strength of the students in the academic year 2014-2015 for the UP section came to 31. Thereby, the petitioner’s School is entitled for a Part Time Arabic Teacher. In the meanwhile, Sri.Shamsuheen expressed his willingness to leave the School and withdrew from the School. Therefore, one Sri.Kutty Mohammad was appointed as Part Time Arabic UPSA, considering the increase in the number of students seeking to learn Arabic.

6. However, the appointment of Sri.Kutty Mohammed was also rejected by the 5^th respondent-AEO stating that there was no sanctioned post. An appeal was preferred against the said order dated 04.02.2014. The petitioner has also preferred revision petition before the Government. Even though it is specifically pointed out that a sufÏcient number of students were available for sanctioning one part-time Arabic teacher post, want of staff fixation, during the academic year 2011- 2012, the petitioner’s request was not considered. Accordingly, the revision petition was rejected as per Ext.P12 order. Impugning Ext.P12, this writ petition is preferred stating that as per Rule 6C of Chapter XXIII KER sufÏcient students strength is available in the petitioner’s School. Since the language Arabic was offered in the year 2012, as per the prescription made in Rule 6C, 12 students were available in the academic year 2012- 2013 for the 5^th standard and for the academic year 2013-2014, 12 more students were available in the 5^th standard and 11 students were opted in the 6^th standard. Then in the next academic year 2014-2015, 12 more students opted Arabic in the 5^th standard and 9 students were available in the 6^th standard and 10 students available in the 7^th standard, whereby altogether 31 students were available to learn Arabic. This position is evident in the staff fixation order for the academic year 2011-2015, under Serial No.10, the effective strength of the Arabic students as per