IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 23190 of 2009(P) --------------------------------------- PETITIONER(S): ----------------------- JISSY JOSEPH, AGED 41 YEARS, W/O.P.R.JOSE, PUTHUR HOUSE, PONNORE P.O., THRISSUR - 680 552. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT. EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, KOCHI. 3. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 4. THE MANAGER, ST.GEORGE'S H.S., PUTHENPALLY. 5. REENA ANTONY, W/O.P.V.BABU, AGED 38 YEARS, PUTHUSSERY HOUSE, POLANAD, VARAPPUZHA-683 517. R1 TO R3 BY GOVT. PLEADER MR.A.J.VARGHESE R5 BY ADVS. MR.V.A.MUHAMMED, MR.M.SAJJAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, ALONG WITH WPC NO. 29740 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23190/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT PROMOTING THE PETITIONER AS H.S.A. (P.S.) DTD. 1.6.09. P2:- COPY OF THE ORDER DTD. 10.8.09 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE DECISION REPORTED IN 2006/(3) KLT 435 DTD. 4.1.07. R5(b):- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.18013/09 DTD. 29.6.09. R5(c):- COPY OF THE ORDER NO.B3-16650/08 OF THE DEPUTY DIRECTOR OF EDUCATION DTD. 26.9.09. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).Nos.23190/2009-P & 29740/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2009 J U D G M E N T These two writ petitions concern the issue regarding the appointment and consequent rejection of approval to the post of H.S.A (Physical Science) in St.George's High School, Puthenpally. 2. The petitioner in W.P.(C).No.23190/2009 challenges Ext.P2 order passed by the District Educational Officer whereby the D.E.O found in favour of the writ petitioner in W.P.(C).No.29740/2009 and directed to appoint her as H.S.A (Physical Science) with effect from 01/06/2009. As per interim order dated 13/08/2009, this Court stayed the operation and implementation of Ext.P2 and directed the second respondent to consider Ext.P3 and take a decision thereon notwithstanding the pendency of the writ petition after hearing all parties. 3. In W.P.(C).No.29740/2009, the petitioner is the rival claimant and, she is seeking for a direction to implement Exts.P6 and P8 orders. Ext.P8 is the order passed by the Deputy Director of Education pursuant to the interim order dated 13/08/2009 in W.P.(C).No.23190/2009. The entitlement of the petitioner, namely, Smt.Reena Antony for appointment under Rule 51A of Chapter XIV A K.E.R was W.P.(C). Nos. 23190/2009 & 29740/2009 -:2:- found in her favour and, accordingly, the appeal preferred by Jissy Joseph was rejected. 4. When the matter came up for hearing, it was pointed out by the learned counsel for the parties that the order Ext.P8 in W.P.(C).No.29740/2009 is under challenge before the Director of Public Instruction in a revision appeal filed by Smt.Jissy Joseph. It is prayed that the Director of Public Instruction may be directed to take a decision on the same within a time frame. 5. Therefore, the writ petitions are disposed of directing the Director of Public Instruction, Thiruvananthapuram to take a decision on the appeal filed as No.EC(4)/69568/09, dated 06/10/2009 by Smt.Jissy Joseph challenging the order of the Deputy Director of Education, Ernakulam within six weeks from the date of receipt of a copy of this Judgment. Appropriate orders shall be passed after hearing both the petitioners in these writ petitions and the Manager. No costs. (T.R. Ramachandran Nair, Judge.) ms