IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21367 of 2008(R) -------------------------- PETITIONER: ------------------ V.S. JAYA, P.D.TEACHER, GOVT. ACHUTHAN GIRLS HIGHER SECONDARY SCHOOL, CHALAPPURAM, KOZHIKODE. BY ADV. SRI.K.R.B.KAIMAL (SR.) ADV. SRI.B.UNNIKRISHNA KAIMAL ADV. SRI.V.MADHUSUDHANAN RESPONDENTS: ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C)No. 21367 OF 2008 ............................................................................ Dated this the 18th July, 2008 J U D G M E N T The petitioner is a P.D. teacher in Government service. It is stated that she joined service as P.D. teacher on 18.02.2005. At the time of appointment of the petitioner, she had acquired B.A. (English) and T.T.C. She obtained B.Ed degree in English after undergoing regular course of study by availing leave for study purpose. It is stated that she passed B.Ed course in the examination held in March-April, 2006 and thus became fully qualified for being promoted as H.S.A. (English). 2. The case of the petitioner is that five persons were promoted as H.S.As (English), of whom three were not fully qualified for promotion. The petitioner states so because, according to her, the three teachers who have acquired B.Ed with double option are not entitled to be promoted . The representation submitted by the petitioner was rejected by the Deputy Director of Education taking the view that B.Ed with double option is sufficient qualification. Aggrieved by the order passed by the Deputy Director of Education, the petitioner submitted Ext. P3 appeal dated 06.03.2008 before the first respondent. Ext.P3 is pending disposal. 3. It is also stated that only 5 P.D. teachers were promoted as H.S.A. (English) in the academic year 2007-08 on the erroneous belief that there were only five vacancies in the promotion quota. Petitioner's rank number is 6 in the list of P.D. teachers qualified for promotion as H.S.A.(English) in Kozhikode District in the year 2007-08. It is stated that the petitioner was not promoted on the ground that there was W.P.(C)No. 21367 OF 2008 2 no vacancy to promote her. The petitioner points out that there were enough vacancies to accommodate the petitioner Exhibits P4, P5 and P6 are relied on by the petitioner to show that vacancies had arisen in the year 2007-08 , so that the petitioner also could be promoted during the academic year 2007-08. Pointing out these facts, the petitioner submitted Ext. P7 representation dated 28.06.2008 to the Deputy Director of Education requesting to promote her as H.S.A.(English) in one of the vacancies remaining unfilled in the promotion quota for the year 2007-08. Ext. P7 is also pending disposal. 4. The reliefs prayed for in the Writ Petition are the following: i) A writ of mandamus to the 1st Respondent to take up and pass orders on Ext.P3. ii) a writ of mandamus to the 2nd Respondent to consider Ext. P7 and issue orders promoting the Petitioner as H.S.A. (English) in one of the promotion quota vacancies of the year 2007-08; and iii) Such other writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 5. Learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to consider and dispose of Ext. P3 appeal and Ext.P7 representation by respondent Nos. 1 and 2 respectively. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The second respondent shall consider and dispose of Ext. P7 representation as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. ii) Thereafter, the first respondent shall dispose of Ext.P3 appeal within a period W.P.(C)No. 21367 OF 2008 3 of three months from the date of receipt of a copy of the order passed by the 2nd respondent on Ext.P7 representation, after affording an opportunity of being heard to the petitioner and to the three P.D. teachers, who, according to the petitioner, were illegally promoted. iii) The petitioner shall produce certified copy of the judgment and copy of the Writ Petition before the respondent Nos. 1 and 2. iv) The petitioner shall send copy of the judgment to the three teachers, who, according to the petitioner, should not have been promoted as H.S.A.(English), by registered post and shall produce proof of the same before the second respondent well in advance, before taking Ext. P7 representation for consideration. K.T. SANKARAN, JUDGE. lk