IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 8003 of 2011(A) ------------------------------------- PETITIONER: ------------------- AJILAL V.S, DRAWING TEACHER, S.V.M MODEL HSS & VHSS, VENDAR, KOTTARAKKARA, KOLLAM. BY ADVS. SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION(K) DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA – 691 506. 3. THE MANAGER, SVMMHS, VENDAR, KOTTARAKKARA – 691 506. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8003 of 2011-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011. JUDGMENT The petitioner herein is working as Drawing Teacher in the school managed by the third respondent. He was appointed from 1.6.2009 against the retirement vacancy of one Shri N.R. Rajasekharan Pillai, Drawing Teacher on 31.5.2008. The approval was declined by the District Educational Officer as per Ext.P2 order. It is pointed out therein that there is a Rule 51B claimant, who ought to have been considered for the vacancy. It is the case of the petitioner that the Rule 51B claimant has already been appointed as L.D. Clerk in Chunakkara Grama Panchayat office, as evident from Ext.P3. It is also contended that the petitioner is qualified for appointment as a Drawing Teacher. 2. Challenging the order passed by the District Educational Officer, the petitioner has filed a revision petition before the Government as per Ext.P4, under Rule 92 of Chapter XIV-A K.E.R. 3. There will be a direction to the first respondent to take a decision on Ext.P4 after hearing the petitioner and the Manager, within a period of wpc 8003/2011 2 four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. (T.R. Ramachandran Nair, Judge.) kav/