IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 19196 of 2011(Y) -------------------------------- PETITIONER: -------------- BINCY K.R., AGED 31 YEARS, W/O.GIRISH BABU K.K., CHEMBAYILTHAZHAM, KINALOOR P.O., KOZHIKODE-673621. BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENTS: ------------------ 1. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695001. 2. CORPORATE MANAGER, CSI SCHOOLS IN MALABAR AND WAYANAD, CSI CORPORATE MANAGER'S OFFICE, BANK ROAD, MANANCHIRA, KOZHIKODE-673001. 3. DISTRICT EDUCATIONAL OFFICER, THALASSERY-670101. 4. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001. 5. HEADMASTER, BEMP HIGHER SECONDARY SCHOOL, THALASSERY-670101. 6. HEADMASTER, M.C.C.HIGH SCHOOL, KOZHIKODE-673001. 7. RATHEESH, H.S.A.(SANSKRIT), M.C.C HIGH SCHOOL, KOZHIKODE-673001. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19196/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER AS PRIMARY SANSKRIT TEACHER AT BEMP HIGH SCHOOL, THALASSERY WITH EFFECT FROM 1.6.09. EXT. P2 : COPY OF LETTER No.B1/4375/09 DTD. 18.1.10 OF R3. EXT. P3 : COPY OF LETTER DTD. 5.2.10 SENT BY R3 TO District Educational Officer, APPOINTING PETITIONER AS PART TIME TEACHER. EXT. P4 : COPY OF APPOINTMENT ORDER IN FORM No.27 WITH APPROVAL ORDER DTD. 22.3.10. EXT. P5 : COPY OF PROCEEDINGS OF R2 DTD. 1.6.10 APPOINTING THE PETITIONER AS HIGH SCHOOL ASSISTANT (SANSKRIT) AT BEMP HIGH SCHOOL, THALASSERY. EXT. P6 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO R1 DTD. 7.7.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19196 OF 2011 --------------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T The petitioner is now working as High School Assistant (Sanskrit) in the BEMP Higher Secondary School, Thalassery. The complaint raised by the petitioner is regarding the appointment of the 7th respondent as High School Assistant (Sanskrit) in the M.C.C. High School, Kozhikode which is under the same management namely, the 2nd respondent herein. According to the petitioner, the petitioner ought to have been accommodated in that vacancy being senior. 2. In objection to the appointment as well as grant of approval of the 7th respondent, the petitioner has filed Ext.P6 representation before the Director of Public Instruction. Learned counsel for the petitioner prayed that the same may be directed to be considered by the Director of Public Instruction within a time frame. It is submitted by the learned counsel for the petitioner that no orders have been passed on the proposal for W.P.(C) No.19196/2011 2 approval so far. Therefore, there will be a direction to the 1st respondent to consider the grievance raised by the petitioner in Ext.P6 before any approval is granted for the appointment of the 7th respondent and appropriate final orders will be passed, after hearing the petitioner and the respondents 2 and 7, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp