IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 36569 of 2010(U) PETITIONER: --------------- V.N.GIRIJA, TEACHER-IN-CHARGE, ST.JOHN'S L.P.SCHOOL, PERIYAMPRA, THODUPUZHA, IDUKKI DIST. BY ADV. SRI.SAJAN MANNALI RESPONDENTS: --------------- 1. THE MANAGER, ST.JOHN'S L.P.SCHOOL, PERIYAMPRA, THODUPUZHA,IDUKKI DIST-685584. 2. ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA - 685585. 3. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY TO THE DEPT. OF EDUCATION THIRUVNANTHAPURAM REP.BY GOVT. PLEADER -695001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 36569 OF 2010 ------------------------------------------------------ Dated this the 23rd day of December, 2010 JUDGMENT The petitioner is working as Teacher-in-charge in St.John's L.P.School, Periyampra, Thodupuzha from 1.4.2000 onwards. The grievance of the petitioner is that though the post of Headmaster became vacant in 2000 and though the petitioner became qualified to be appointed as Headmaster later, she was not appointed by the Manager as Headmaster. The petitioner continues to be the Teacher-in-charge. It is alleged that the Manager's wife is working as a Teacher in the School and the intention of the Manager is to gain time so that in the meanwhile his wife would get qualified for being appointed as Headmistress. It is not necessary to decide that question in this Writ Petition. 2. The petitioner submitted Ext.P3A representation dated 22.1.2010 to the Manager detailing her grievance. The petitioner also sent Ext.P3B representation dated 13.5.2010 to the Assistant Educational Officer. On receipt of Ext.P3B representation, the W.P.(C) NO.36569 OF 2010 U :: 2 :: Assistant Educational Officer issued Ext.P4 communication dated 5.6.2010 to the Manager calling for explanation from the Manager as to why the petitioner was not promoted and appointed as Headmistress. The Manager submitted Ext.P5 reply to Ext.P4 notice. The Assistant Educational Officer has not taken any decision in the matter after receiving Ext.P5 reply from the Manager. 3. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of certiorari, or any other appropriate writ, direction or order, calling for the records leading to Ext.P5, reply of the 1st respondent, and to quash the same. (ii) to issue a writ of mandamus, or any other appropriate writ, direction or order, directing the 1st respondent to appoint the petitioner in the post of headmaster of St.John's L.P.School, Periyampra in Idukki Dist., with retrospective effect, and with all other benefits due to her from the said date of appointment in the said post of headmaster. (iii) to direct the respondents to pay the cost of this proceedings. (iv) to grant any other reliefs as prayed for by the W.P.(C) NO.36569 OF 2010 U :: 3 :: petitioner, during the course of arguments, and which this hon'ble court deems fit to grant.” 4. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if a direction is issued to the Assistant Educational Officer to consider Ext.P3B representation submitted by the petitioner and the reply submitted by the Manager and to take a final decision in the matter within a short time. Learned Government Pleader submitted that the Assistant Educational Officer will take a decision within a period of one month. Accordingly, the Writ Petition is disposed of as follows: (a) The Assistant Educational Officer shall take a final decision on Ext.P3B representation submitted by the petitioner and Ext.P4 issued by the Assistant Educational Officer, after considering the reply submitted by the Manager, 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. (b) Before taking a final decision in the matter, the Assistant Educational Officer shall afford an opportunity of being heard to the petitioner and the Manager. W.P.(C) NO.36569 OF 2010 U :: 4 :: (c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Assistant Educational Officer. (d) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to the first respondent Manager by registered post and the petitioner shall produce proof of the same before the Assistant Educational Officer. (K.T.SANKARAN) Judge ahz/