IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2924 of 2009(W) ------------------------- PETITIONER(S): --------------- RESHMA .K.,AGED 35 YEARS, W/O.PANKAJAKSHAN, UPPER PRIMARY SCHOOL ASSISTANT ANDALUR SENIOR BASIC SCHOOL, P.O.PALAYAD 670 661, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER P.O.TELLICHERRY, KANNUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER TELLICHERRY SOUTH, P.O.TELLICHERRY KANNUR DISTRICT. 5. THE MANAGER ANDALUR SENIOR BASIC SCHOOL, PALAYAD, KANNUR DISTRICT 670 661. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2924 of 2009 --------------------------------------------- Dated this the 28th day of January, 2009 JUDGMENT The petitioner was appointed as Upper Primary School Assistant with effect from 1.6.2007 in Andalur Senior Basic School, Palayad, in Kannur District as per Exts.P1 and P2 appointment orders. The Manager submitted proposal for approval. The Assistant Educational Officer rejected the approval. On appeal, the District Educational Officer confirmed the order passed by the Assistant Educational Officer and dismissed the appeal as per Ext.P3 order. Though the Manager moved the Director of Public Instruction, as per Ext.P4 order, the DPI confirmed the orders passed by the District Educational Officer. Aggrieved by Ext.P4, the Manager has filed Ext.P6 Revision and the petitioner has filed Ext.P6(a) Revision before the first respondent. Exts.P6 and P6(a) Revisions are pending. 2. The petitioner relies on Ext.P5 circular whereby the Director of Public Instruction accorded sanction exempting the uneconomic schools from maintaining the minimum strength of WPC No.2924 /2009 2 pupils. The petitioner has relied on the said circular in Ext.P6(a) Revision. 3. The reliefs prayed for by the petitioner are the following: “(i) Call for the records relating to Exts.P3 and P4 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to approve the appointment of the petitioner covered by Exts.P1 and P2. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to effectively consider and pass appropriate orders upon Exts.P6 and P6(a) after affording an opportunity of being heard to the petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. For the time being, the petitioner confines the relief to relief No.(iii). In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (i) The first respondent shall consider and pass orders on Ext.P6 and P6(a) Revisions, as expeditiously as WPC No.2924 /2009 3 possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and the Manager. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (iii) The petitioner shall send a copy of the Writ Petition and copy of the judgment to the 5th respondent (Manager) by registered post and shall produce the postal receipt before the first respondent. K.T.SANKARAN, JUDGE csl