IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7727 of 2009(I) ------------------------- PETITIONER(S): --------------- JESSY JOSEPH.A., PART TIME MENIAL, A.P.H.S, ALAGAPPANAGAR, RESIDING AT ERNAKULATHUKARAN HOUSE, VENDORE, ALAGAPPANAGAR P.O., THRISSUR DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS. THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 5. THE MANAGER, ALAGAPPANAGAR PANCHAYATH HIGH SCHOOL, ALAGAPPANAGAR P.O., THRISSUR -680 302. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7727 of 2009 ----------------------------------------- Dated this the 12th March, 2009 JUDGMENT The petitioner was appointed through the Employment Exchange as Part-time Menial in Alagappanagar Panchayat High School, by Exhibit P2 order dated 30.6.2005. The District Educational Officer, Thrissur declined to approve the said appointment on the ground that there is no sanctioned post of Part-time Menial and that medical fitness certificate and the staff list as on 30.6.2005 are not produced. On appeal, the Deputy Director of Education held that the post of Part-time Menial is not sanctioned in the school and a Full-time Menial cannot be appointed through the Employment Exchange. The Manager was directed to move the Director of Public Instruction or the Government. The Manger thereupon moved the Director of Public Instruction, who by Exhibit P7 order, rejected the appeal holding that the petitioner is over aged as on 30.6.1995. The Manager thereupon filed Exhibit P8 revision petition before the Government seeking approval of the petitioner's appointment in relaxation of the rules and it is W.P(C).NO.7727/09 2 pending. In this Writ Petition the petitioner inter alia seeks a direction to the State Government to consider Exhibit P8 revision petition and pass orders thereon within a time to be stipulated by this Court. The petitioner submits that in identical circumstances, the Director of Public Instruction has passed Exhibit P10 order approving the appointment of an over aged candidate as Full-time Menial in another aided school. 2. The question whether the petitioner's appointment can be approved in relaxation of the rules, is essentially for the Government to decide. Under rule 3 of Chapter I of the K.E.R, the Government alone is competent to relax any rule in appropriate cases. The pleadings disclose that the petitioner was appointed through the Employment Exchange. The appointment is now rejected on the ground that she is over aged. The petitioner has been working in the post since 30.6.2005. In these circumstances, I dispose of the Writ Petition with a direction to the Government to consider Exhibit P8 W.P(C).NO.7727/09 3 revision petition filed by the fifth respondent, the Manager of Alagappanagar Panchayat High School and take a decision thereon. The Government shall, while considering the revision petition, also consider whether Rule 3 of Chapter I of the K.E.R should be invoked in favour of the petitioner. Final orders in the matter shall be passed within four months from the date of receipt of a copy of this judgment. Before orders are passed in the matter, the Government shall afford the petitioner and the fifth respondent a reasonable opportunity of being heard. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE vgs.