IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 201 of 2010(A) ------------------------ PETITIONER(S): --------------- 1. ABDUL HAMEED P.P., S/O.HAMSA, AGED 31 YEARS, PUTHUKOTTAPARAMBATH, KUTTIKADAVU, P.O.CHEROOPA. 2. NOUSHAD P., S/O.KUNHAMMEDKUTTY, PULIYULLATHIL HOUSE, P.O.PERINGATHUR, KANNUR DISTRICT, (PART-TIME ARABIC TEACHERS, KADAMKUNI U.P.SCHOOL). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHOKLI, KANNUR DISTRICT. GOVERNMENT PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 201 of 2010 ================== Dated this the 14th day of January, 2010 J U D G M E N T The petitioners have been appointed as part time Arabic Teacher by the Educational agency of an aided school. Relying on Ext.P2 circular, the appointment of the 1st petitioner was refused to be approved. Against the same, the manager has filed Ext.P4 appeal before the 2nd respondent. In respect of Ext.P5 appointment order of the 2nd petitioner, the 3rd respondent has not passed any orders regarding approval. According to the petitioners, Ext.P2 circular has been quashed by this Court, by Ext.P3 judgment and, therefore, Ext.P2 circular cannot now be relied upon to deny approval of the appointment of the 1st petitioner. However, for the present, the petitioners would be satisfied with two directions, one to the 2nd respondent to consider and pass orders on Ext.P4 appeal filed by the manager of the school and a direction to the 3rd respondent to pass orders on Ext.P5 appointment order regarding the approval of the appointment of the 2nd petitioner. The petitioners also seek a direction to consider the same without reference to Ext.P2 circular in so far as the same has been quashed by this Court. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this 2 writ petition with the following directions: The 2nd respondent shall consider and pass orders on Ext.P4 appeal filed by the manager of the school as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment after affording an opportunity of being heard to the 1st petitioner and the manager of the school. The 3rd respondent shall pass orders on the question of approval of Ext.P5 appointment order of the 2nd petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Both the 2nd respondent and the 3rd respondent shall consider the applicability of Ext.P3 judgment to the issue involved. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge