IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26569 of 2011(U) -------------------------------- PETITIONERS: ---------------- 1. THE MANAGER, A.M.L.P.SCHOOL, KURUVAMBALAM POST, MALAPPURAM DISTRICT-679 338. 2. SHAHEERA.T., ASSISTANT TEACHER, A.M.L.P.SCHOOL, KURUVAMBALAM POST, MALAPPURAM DISTRICT-679 338. BY ADVs. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.RAJASEKHARAN NAIR RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.26569/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE STAFF FIXATION ORDER 2010-11 DTD. 16.11.10. EXHIBIT P1(a): TRUE COPY OF THE ORDER OF APPOINTMENT OF THE 2ND PETITIONER DTD. 15.7.10. EXHIBIT P2 : TRUE COPY OF THE ORDER NO.K.DIS.B/2719/10 OF THE 3RD RESPONDENT DTD.11.1.11. EXHIBIT P3 : TRUE COPY OF THE G.O.(P)NO.10/10/G.EDN.OF THE GOVERNMENT DTD. 12.1.10. EXHIBIT P4 : TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO.3696/2011-J DTD.4.2.11. EXHIBIT P5 : TRUE COPY OF THE BOND EXECUTED BY THE MANAGER OF THE SCHOOL DTD. 21.2.11. EXHIBIT P6 : TRUE COPY OF THE ORDER NO.K.DIS.B/793/2011 OF THE 3RD RESPONDENT DTD. 23.6.11. EXHIBIT P7 : TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DTD. 10.8.11. EXHIBIT P8 : TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.20037/2009 DTD. 8.7.10. EXHIBIT P8(a): TRUE COPY OF THE ORDER NO.B5-9511/10/D.DIS.OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD DTD.23.11.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.26569 OF 2011 --------------------------------------- Dated this the 10th day of October, 2011. J U D G M E N T The petitioners who are respectively the Manager and the Assistant Teacher appointed in a L.P. School are aggrieved by the rejection of the proposal for approval of appointment of the 2nd petitioner by the 3rd respondent Assistant Educational Officer as per Ext.P6 order. 2. It is a case where the Manager has executed a bond in terms of G.O.(P) No.10/10/G.Edn dated 12.01.2010. In Ext.P4 interim order, this Court has recorded the willingness of the Manager to execute the bond and directed the Assistant Educational Officer to take appropriate decision in the matter if a bond is executed. Ext.P5 is a copy of the bond executed by the Manager. 3. It is submitted by the learned counsel for the petitioner that the rejection of the approval as per Ext.P6 cannot be justified in the light of various clauses contained in Ext.P3 W.P.(C) No.26569/2011 2 Government Order. It is further pointed out that there were no appointments during 2005-2010 in additional division vacancies as no vacancies have actually arisen also. This is a matter for the appellate authority to consider. Therefore, there will be a direction to the 2nd respondent before whom Ext.P7 appeal is pending to take a decision on Ext.P7, after hearing the petitioners, within a period of two months from the date of receipt of a copy of this judgment. The petitioners 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