IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34163 of 2011(V) ------------------------------------ PETITIONER: ------------------ P.NISHA, W/O.ANIL KUMAR, AGED 30 YEARS, PATTIYIL HOUSE, ERAVU P.O., THRISSUR DISTRICT -680620. (HIGH SCHOOL ASSISTANT(PHYSICAL SCIENCE) HIGHER SECONDARY SCHOOL, ARIMPUR.) BY ADV. SRI.BIJU ABRAHAM SRI.K.JINESH RESPONDENTS: ---------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE REGIONAL DEPUTY DIRECTOR, HGHER SECONDARY EDUCATION, EDAPALLY, ERNAKULAM-682024. 4. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680020. 5. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 020. 6. HIGH SCHOOL & HIGHER SECONDARY, SCHOOL, ARIMPUR, ST. THERASAS SHIP CHURCH, ERAVU P.O., ARIMPUR, THRISSUR, 680 620. REPRESENTED BY ITS MANAGER. 7. JINCY, W/O. SIJU THOLATTU, AGED ABOUT 28 YEARS, THOLATTU HOUSE, ARIMPUR P.O-680 020 BY SENIOR GOVERNMENT PLEADER, M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34163 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BY THE 6TH RESPONDENT DATED 01.06.09. EXT.P2 : A TRUE COPY OF THE REPRESENTATION DATED 08.05.2011 SUBMITTED BY THE PETITIONER TO THE MANAGER TO PROMOTE AND POST HER TO THE VACANCY OF MANAGER. EXT.P3 : A TRUE COPY OF THE GOVERNMENT ORDER DATED 24.10.2011. EXT.P4 : A TRUE COPY OF THE LETTER DATED 25.10.2011 OF THE GOVERNMENT WITH RELEVANT PAGES OF THE APPENDIX SHOWING THE PETITIONER'S NAME. EXT.P5 : A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT MANAGER DATED 08.11.2011. EXT.P6 : A TRUE COPY OF THE RELEVANT PORTION OF THE PUBLICATION MADE BY THE 6TH RESPONDENT IN DEEPIKA DAILY DATED 27.11.2011. EXT.P7 : A TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 30.11.2011. EXT.P8 : A TRUE COPY OF THE ORDER DATED 12.12.2011 OF THE SECOND RESPONDENT. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE ln T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.34163 of 2011 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2011 JUDGMENT The petitioner who is working as High School Assistant (Physical Science) seeks appointment as Higher Secondary School Teacher(Chemistry). It is stated that the petitioner is working as High School Assistant (Physical Science) from 1.6.2009. The appointment was not approved initially in the light of the ban order issued by the Government as per GO(P)No.317/2005 dated 17.8.2005. 2. According to the petitioner, she is entitled for appointment to the post of Higher Secondary School Teacher (Chemistry). The petitioner filed an application pursuant to the notification issued by the Management as per Exhibit P6. It is pointed out in paragraph No.6 of the Writ Petition that the application of the petitioner has been rejected stating that she has not received any approval from the educational authorities. It is the case of the petitioner that she is the only qualified person under the Management for appointment to the post of HSST (Chemistry) under the 25% quota. Exhibit P7 is the complaint W.P.(C)No.34163/11 -2- made by the petitioner before the 3rd respondent. 3. Already, the 7th respondent has been appointed. Therefore, the learned counsel for the petitioner prayed that the objection raised by the petitioner as per Exhibit P7 may be directed to be considered, before any approval is granted to the appointment of the 7th respondent. 4. In the light of the fact that the matter will have to be considered by the 3rd respondent, I am not issuing notice to the Manager and the 7th respondent. 5. The Writ Petition is disposed of directing the 3rd respondent to consider the grievance raised by the petitioner in Exhibit P7 by treating it as an objection to the approval of appointment of the 7th respondent. Appropriate decision will be taken with notice to the petitioner and respondents 6 and 7, before any order is passed on the proposal for approval of appointment of the 7th respondent. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn