IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7123 of 2009(I) -------------------------------------- PETITIONER(S): ------------------------- JIJUMON.M.M., S/O.SRI.A.MOHAMMED ILLIAS, H.S.A.(ENGLISH), A.K.M.HIGH SCHOOL, KUDAVOOR, RESIDING AT 'MYMOON', VALIYAKUNNU, AVANAVANCHERY P.O., ATTINGAL. BY ADVS. MR. K.SIJU, MR.B.SUGATHAN, MR. PRATHEESH.P., MR. MUHAMMED RAFI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 5. THE MANAGER, A.K.M.HIGH SCHOOL, KUDAVOOR, ATTINGAL. 6. SMT.K.K.GEETHA (H.S.A.MATHS) (PROTECTED) P.N.M.HIGH SCHOOL, KOONTHALLOOR, ATTINGAL. BY GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.7123 of 2009 ===================== Dated this the 5th day of March, 2009. JUDGMENT Heard Sri. Siju Kamalasanan, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, the learned counsel appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 5 and 6. 2. The petitioner was appointed as H.S.A. (English) in the fifth respondent's school in the retirement vacancy of Sri.K.V.Suresh, H.S.A. (Mathematics) that arose on 1.4.2008, by Ext.P1 order dated 2.6.2008, the Manager forwarded the appointment for approval. By Ext.P2 order passed on 29.9.2008, the District Educational Officer, Attingal declined to approve the petitioner's appointment on the ground that the sixth respondent, a protected teacher presently on deployment to another school has to be repatriated and posted in the retirement vacancy of Sri.K.V.Suresh, H.S.A. (Mathematics) against which the petitioner was appointed. 3. The Manager challenged Ext.P2 in appeal before the Deputy Director of Education, Thiruvananthapuram, who by Ext.P3 order passed on 4.2.2009 upheld the order passed by the District Educational Officer, Attingal. Consequently, the Deputy Director of Education issued Ext.P4 WP(C) 7123/09 -: 2 :- order dated 18.2.2009 directing repatriation of the sixth respondent to her parent school. Exts.P2, P3 and P4 are under challenge in this Writ Petition. The petitioner contends that going by the subject requirement, the post available in the school is that of H.S.A. (English) and therefore, the sixth respondent cannot displace him. In my opinion, as a revision lies to the Director of Public Instruction from Ext.P3 order passed by the Deputy Director of Education, it is premature for this Court to adjudicate upon the petitioner's contentions at this stage. Rule 8A of Chapter XIV A of the Kerala Education Rules empowers the Director of Public Instruction to revise orders relating to the approval of appointment passed by subordinate officers. In fact, Ext.P3 itself states that if the Manager is aggrieved he can prefer revision petition before the Director of Public Instruction. 4. Since the petitioner has an alternative effective remedy, I dispose of this Writ Petition reserving liberty with the petitioner to move the Director of Public Instruction in revision. If such a revision is filed within two weeks from today, the Director of Public Instruction shall issue notice to the petitioner and respondents 5 and 6 and pass orders thereon within a further period of two months thereafter. Till such time, the operation of Ext.P4 shall be kept in abeyance and the sixth respondent shall be permitted to continue in the school to which she was deployed as protected teacher if as on today she has not been repatriated. I make it clear that I have not expressed any opinion on the WP(C) 7123/09 -: 3 :- merits of the petitioner's claims and contentions and that it will be open to the Director of Public Instruction to arrive at his own conclusion, based on the materials on record and in accordance with the provisions of the Kerala Education Rules and the Government orders governing the field. P.N.Ravindran, Judge. ess 7/3