IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 10483 of 2005(W) -------------------------- PETITIONER(S): --------------- V.G.MERCY, PALATTIL HOUSE, VARANAD P.O., CHERTHALA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA. 5. THE MANAGER, ST.ANTONY'S HIGH SCHOOL, KOKKAMANGALAM, CHERTHALA, ALAPPUZHA. 6. SMT.UMA GOPALAKRISHNAN, SARADALAYAM, T.P.NO.4/234, KOKKAMANGALAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10483/2005 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PETITION DTD.1.8.2003 BEFORE R3. P2. COPY OF THE ORDER DTD.12.11.03. P3. COPY OF THE APPEAL DTD.1.1.2004. P4. COPY OF THE ORDER DTD.22.6.04. P5. COPY OF THE REVISION DTD.2.8.2004. P6. COPY OF THE ORDER DTD.18.2.2005. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 10483 of 2005 ================== Dated this the 19th day of August, 2011 J U D G M E N T The petitioner is a claimant under Rule 51A of Chapter XIVA of the Kerala Education Rules for appointment to a future vacancy to arise in the aided school managed by the 5th respondent. The manager appointed the petitioner with effect from 3.6.2003 in a vacancy. That was refused to be approved by the 4th respondent on the ground that protected teachers should be accommodated first. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “a. Issue a writ of Certiorari or appropriate writ directions or orders calling for the records leading up to Ext.P6 and quash Exhibits P2, P4 and P6 issued by the respondents 3, 2 and 1 respectively. b. Declare that petitioner being the claimant under chapter XIVA Rule 51A of the Kerala Educational Rule is entitled to get preferential claim over the protected teachers like the 6th respondent. c. Direct the 3rd respondent to approve the appointment of the petitioner as Upper Primary School Assistant with effect from 3.6.2003 under the management of the 5th respondent and disburse the consequential monetary benefits.” 2. The petitioner now submits that out of the two protected teachers available, the 6th respondent has been accommodated in the 4th respondent's office as a Clerk and the other protected teacher has retired from service. Therefore, according to the petitioner, there cannot be any embargo in approving the petitioner's appointment in w.p.c.10483/05 2 any one of the vacancies available. 3. I have heard the learned Government Pleader also. 4. In view of the above submission, I direct the 4th respondent to consider whether the averment of the petitioner is correct and whether the petitioner can be accommodated in any vacancies arising or have arisen in the 5th respondent's school. Orders in this regard shall be passed by the 4th respondent after hearing the petitioner and any other teachers who have a claim for appointment in the 5th respondent's school, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge