IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20758 of 2011(T) -------------------------- PETITIONER(S): ----------------------- PREETHA JOSE.C., HEADMISTRESS, ST.GEORGE'S H.S., ARAKUNNAM, PIN-682 313. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL LINES, KAKKANAD, ERNAKULAM, PIN-682 030. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, PIN-682 035. 3. THE MANAGER, ST.GEORGE'S H.S., ARAKUNNAM, PIN-682 313. 4. P.R.RAJAMMA, H.S.A., ST.GEORGE'S H.S., ARAKUNNAM, PIN-682 313. GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 20758 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE DEPARTMENTAL TESTS CERTIFICATE TO THE PETITIONER EXT.P2:- COPY OF THE DEPARTMENTAL TESTS CERTIFICATE TO THE PETITIONER EXT.P3:- COPY OF THE ORDER FROM THE MANAGER EXT.P4:- COPY OF THE COVERING LETTER EXT.P5:- COPY OF THE APPOINTMENT ORDER EXT.P6:- COPY OF THE ORDER NO.B5-2860/11/K.DIS EXT.P7:- COPY OF THE APPEAL BEFORE THE 1ST RESPONDENT WITHOUT ANNEXURES RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20758 OF 2011 --------------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T The petitioner who is working as Headmistress is seeking for a direction to the Deputy Director of Education, 1st respondent herein, to take a decision on Ext.P7 appeal within a time frame. According to the petitioner, the petitioner is the senior-most H.S.A qualified for promotion as Headmistress. She has continuous graduate service from 21.06.1993 and has passed all the papers in the departmental tests except one paper for which she appeared in January 2011 and when the result was published in April 2011, she has passed the said paper also. 2. It is submitted that a retirement vacancy of Headmistress arose in the school on 01.04.2011 and the petitioner was appointed in the said vacancy. The 4th respondent raised a claim for the said post and it is averred that she is unqualified. 3. Ext.P3 is the order by which the petitioner was W.P.(C) No.20758/2011 2 appointed by the Manager. The District Educational Officer has rejected the approval as evident from Ext.P6 order. According to the said officer, only the 4th respondent is qualified. The District Educational Officer has accepted the plea raised by the 4th respondent. There will be a direction to the Deputy Director of Education to take a decision on Ext.P7 appeal, after hearing all the parties including the petitioner and the respondents 3 and 4, within a period of six weeks 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. A copy of the writ petition and a copy of the judgment will be furnished to the respondents 3 and 4 also. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp