IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6483 of 2009(E) --------------------------------- PETITIONER : ---------------- VIJITHA.T, W/O.KUNHIRAMAN GANAPATHYKANDY, KUNNATHUKUNIYIL HOUSE, KALLODE PO, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS : ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER QUILANDY, KOZHIKODE DISTRICT. 3. THE MANAGER CHEMANCHERRY EAST U.P.SCHOOL PO CHEMANCHERRY, KOZHIKODE DISTRICT. 4. NEETHU.R., D/O. RADHAKRISHNAN MASTER THANAL, NEAR GIRLS HIGH SCHOOL QUILANDY, PO, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------------- W.P.(C) No.6483 OF 2009 --------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT Heard both sides. The petitioner is a Teacher. She has earlier approved service as Part time Sanskrit Teacher in the third respondent's school. A vacancy of L.P.School Assistant arose in the third respondent's school on 02.06.2008. In that vacancy, the third respondent appointed the fourth respondent. The petitioner thereupon objected to the said appointment. By Ext.P10 order passed on 07.08.2008, the Assistant Educational Officer, Kozhikode overruled the petitioner's objections and rejected her claim for reappointment under Rule 51A of Chapter XIV A of the Kerala Education Rules. Aggrieved by Ext.P10, the petitioner has filed Ext.P11 revision petition before the Secretary to the Government, General Education Department under Rule 92 of Chapter XIV A of the Kerala Education Rules. In this writ petition, the petitioner inter alia prays for a direction to the Government to consider Ext.P11 revision petition and pass orders thereon within a time limit to be fixed by this court. W.P.(C) No.6483 of 2009 2 2. The learned Government Pleader appearing for the official respondents submits that Ext.P10 is an appealable order and that if all the teachers in the State of Kerala rush to the Government with revision petitions under Rule 92 without resorting to the appellate remedy available to them before the District Educational Officer or the Deputy Director of Education and the revision which they can file before the Director of Public Instruction, the Government will be flooded with such revision petitions and will not be in a position to attend to other matters. Though the Division Bench of this Court has in Ravindra Babu Vs. State of Kerala (1987 (1) KLT 472) held that a revision will lie to the Government even from original orders passed by Educational Officers, having regard to the fact that an appeal lies from Ext.P10 to the District Educational Officer and a revision to the Director of Public Instruction, I am of the opinion that the petitioner should have moved them before moving the Government. The explanation given by the petitioner is that the fourth respondent's mother is working in the office of the Deputy Director of Education, Kozhikode and therefore, no purpose W.P.(C) No.6483 of 2009 3 would be served by filing an appeal before the District Educational Officer, Kozhikkode or the Deputy Director of Education, Kozhikkode. The petitioner has stated this fact in Ext.P11 revision petition also. In these circumstances, I feel that the proper course would be to direct the Government to make over Ext.P11 revision petition to the Director of Public Instruction who shall dispose it of by treating it as a revision petition filed under Rule 8A of Chapter XIV A of the Kerala Education Rules, since the issue involved in Ext.P11 relates to approval of appointment of the fourth respondent. I accordingly dispose of this Writ Petition with the following directions :- 1. The Government shall make over the original of Ext.P11 to the Director of Public Instruction within one month from the date of receipt of a copy of this judgment. 2. The Director of Public Instruction shall on receipt of the original of Ext.P11 entertain it as a revision petition filed before him under Rule 8A of Chapter XIV A of the Kerala W.P.(C) No.6483 of 2009 4 Education Rules, issue notice to the petitioner and respondents 3 and 4 and pass orders thereon after affording them a reasonable opportunity of being heard. 3. Final orders in the matter shall be passed within three months from the date on which the Director of Public Instruction receives the original of Ext.P11 from the Government as directed above. P.N.RAVINDRAN JUDGE pac