IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 5079 of 2011(H) ------------------------- PETITIONER: --------------- SUMADEVI G, W/O.S.VIJAYAKUMAR,KRISHNAKRIPA,EAST OTHARA, THIRUVALLA(FROM NAKKARAMALAYIL PUTHENPURAYIL, EAST OTHARA, THIRUVALLA)(UPSA SV HIGH SCHOOL, PULLAD) BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): ---------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC ISNTRUCTION,, THIRUVANANTHAPURAM-PIN-695001 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA-PIN-689101 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA.PIN-689101 4. THE MANAGER, SREE VIVEKANADA HIGH SCHOOL (SVHS)PULLAD, PATHANAMTHITTA.PIN-689548 BY GOVT.PLEADER SHRI T.T.MUHAMOOD FOR R1 TO R3 ADV. SRI.P.VIJAYARAGHAVAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.5079/11 PETITIONER'S EXTS; EXT.P1: TRUE COPY OF APPOINTMENT ORDER DT.17.6.1996 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P2: TRUE COPY OF APPOINTMENT ORDER DATED 2.6.1997 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P3: TRUE COPY OF APPOINTMENT ORDER DATED 1.6.1998 ISUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P4: TRUE COPY OF APPOINTMENT ORDER DT.1.6.99 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P5: TRUE COPY OF APPOINTMENT ORDER DT.31.3.2002 ISSUED BY RESPONDENT NO.4. EXT.P6: TRUE COPY OF GOVERNMENT ORDER BEARING GO(P)NO.187/2005/G.EDN. DT.17.6.2005. EXT.P7: TRUE COPY OF STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATITICS OF TEACHING STAFF IN SV HS, PULLAD D URING THE ACADEMIC YEAR 2005-06. EXT.P7(A): TRUE COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATITICS OF TEACHIGN STAFF IN SV HS PULLAD DURING THE ACADEMIC YEAR 2006-07. EXT.P7(B): TRUE COPY OF STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATITICS OF TEACHING STAFF IN SV HS PULLAD DURING THE ACADEMIC YEAR 2007- 08. EXT.P7(C): TRUE COPY OF STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATITICS OF TEACHING STAFF IN SV HS PULLAD DURING THE ACADEMIC YEAR 2008- 09. EXT.P7(D): TRUE COPY OF STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATITICS OF TEACHING STAFF IN SV HS PULLAD DURING THE ACADEMIC YEAR 2009- 10. EXT.P8: TRUE COPY OF REPRESENTATION DATED 15.4.2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1, 2 AND 3(EXCLUDING ANNEXURES). EXT.P9: TRUE COPY OF THE JUDGMENT DATED 7.6.2010 PASSED BY THIS COURT IN W.P.(C) No.17232/10-D. EXT.P10: TRUE COPY OF PROCEEDINGS NO.A2/7176/10 DATED 31.8.10 OF RESPONDENT NO.3. EXT.P11: TRUE COPY OF REPRESENTATION DT.3.9.10 SUBMITTED BEFORE RESPONDENTS 1 AND 2. EXT.P12: TRUE COPY OF ORDER DT.16.9.10 PASSED BY RESPONDENT NO.3. EXT.P13: TRUE COPY OF RDER DT.19.11.10 PASSED BY THIS COURT. EXT.P14: TRUE COPY OF ORDER DT.25.11.10 PASSED BY RESPONDENT NO.4 APPOINTING THE PETITIONER AS UPSA IN THE SCHOOL. EXT.P15: TRUE COPY OF FORM NO.27 APPOINTMENT ORDER DT.30.11.10 ISSUED BY RESPONDENT NO.4. EXT.P16: TRUE COPY OF ORDER DT.29.12.10 PASSED BY RESPONDENT NO.3. EXT.P17: TRUE COPYOF APPEAL DT.17.1.2011 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 AGAINST EXT.P16 ORDER. EXT.P18: TRUE COPY OF REPRESENTATION DT.6.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.5079 Of 2011-H ----------------------------------------------------- DATED THIS THE 22nd DAY OF MARCH, 2011 J U D G M E N T The Writ Petition is filed seeking various reliefs including rejection of approval of appointment of the petitioner. The approval of the appointment sought for is in respect of a vacancy which has arisen from 1.6.2010. Exhibits P14 is the copy of the appointment order. The District Educational Officer rejected the same as per Exhibit P16 order for the main reason that the Manager has not mentioned the vacancy to which the petitioner is appointed. 2. Exhibit P17 is the appeal filed by the petitioner before the Deputy Director of Education. 3. The petitioner is relying upon Exhibit P10 order issued by the District Educational Officer in the matter. All these matters can be considered by the Deputy Director of Education at the time of hearing of the appeal and it is pending from 17.1.2011. Therefore, there will be a direction to the Deputy Director of Education to take a decision on Exhibit P17 appeal W.P.(C)No.5079/11 -2- after hearing the petitioner and the Manager within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. The legal issues raised in the Writ Petition are left open. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn