IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 9612 of 2009(V) ------------------------------------- PETITIONER: ------------------- K.V.THOMAS,AGED 34 YEARS, S/O.K.T.VARGHESE,PHYSICAL EDUCATION TEACHER, K.T.M.HIGH SCHOOL, MANNARKKAD,PALAKKAD DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. 4. THE MANAGER,K.T.M.HIGHER SCHOOL, MANNARKKAD, PALAKKAD DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9612/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 01/06/2007. EXT.P.2: COPY OF THE ORDER NO. D. DIS. B4-1241/08 OF THE DY. DIRECTOR OF EDN. DTD. 06/06/2008. EXT.P.3: COPY OF THE STAFF FIXATION ORDER NO. D. DIS. 3819/2007/B1 OF THE DIST. EDL. OFFICER, PALAKKAD DTD. 31/12/2007. EXT.P.4: COPY OF THE APPENDIX (DETAILS OF ESTABLISHMENT SANCTIONED FOR THE YEAR 2002-03). DTD. NIL. EXT.P.5: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 21/07/2008. EXT.P.6: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.22991/2008-K DTD. 30/07/2008. EXT.P.7: COPY OF THE G.O.(RT).NO.148/2009/G. EDN. OF THE GOVERNMENT DTD. 12/01/2009. EXT.P.8:COP, ARGUMENT NOTES SUBMITTED BEFORE THE GOVERNMENT DTD. NIL. EXT.P.9: COPY OF THE G.O.(P).NO.10/10/G. EDN. OF THE GOVERNMENT DTD. 12/01/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.C. No.9612 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner was appointed as a Physical Education Teacher in the High School section of K.T.M. High School, Mannarkkad from 1/6/2007. The approval for that appointment was declined on the ground that the post cannot be sanctioned because of the ban imposed on creation of additional divisions as per G.O.(P) No.317/2005/G dated 17/8/2005. The petitioner now submits that, in view of Ext.P9 produced along with I.A.1142/2010, there cannot be any difficulty in approving the petitioner's appointment. But the learned Government Pleader would contend that, for applying Ext.P9 to the petitioner's case, the Manager has to comply with certain conditions mentioned in Ext.P9, which have not been complied with. WPC.NO.9612 OF 2009 2 2. I have heard the parties. Despite service of notice on the Manager, the Manager has not chosen to appear and contest the matter. Having heard the learned counsel for the petitioner and the learned Government Pleader, I dispose of the writ petition with the following directions; The District Educational Officer (DEO) shall consider the claim of the petitioner for approval, in accordance with Ext.P9 as expeditiously as possible, at any rate within 2 months from the date of receipt of a copy of this Judgment. However, I make it clear that the DEO can insist on the Manager complying with the conditions in Ext.P9 for approving the appointment of the petitioner and if the Manager does not comply with Ext.P9, the DEO would not be bound to consider the claim of the petitioner. S. SIRI JAGAN JUDGE nl