IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 3469 of 2010(G) PETITIONER: THUSHARA L.UNNI, AGED 31 YEARS, W/O.MAJEENDRAN,'THUSHARAM' NAVARAPOTTA, KOLLENGODE P.O., PALAKKAD DISTRICT. UPSA, PKDUP SCHOOL, KOLLENGODE BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: 1. THE MANAGER, PERUMAL KOVIL DEVASWOM U.P.SCHOOL, KOLLENGODE P.O., PALAKKAD DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPRUAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DATED 2.7.1997 ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF PETITIONER'S B.A.DEGREE CERTIFICATE ISSUED BY CALICUT UNIVERSITY. EXT.P3 TRUE COPY OF PETITIONER'S B.ED. DEGREE CERTIFICATE ISSUED BY CALICUT UNIVERSITY. EXT.P4 TRUE COPY OF INTERIM ORDER DATED 31.5.2006 IN W.P.(C)NO.13768 OF 2006. EXT.P5 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.13768 OF 2006. EXT.P6 TRUE COPY OF ORDER DATED 6.8.2007 ISSUED BY THE MANAGER DECLINING APPOINTMENT TO THE PETITIONER AS UPPER PRIMARY SCHOOL ASSISTANT. EXT.P7 TRUE COPY OF THE STAFF FIXATION ORDER OF THE SCHOOL FOR THE ACADEMIC YEAR 2006-07. EXT.P8 TRUE COPY OF REQUEST DATED 7.4.2007 MADE BY THE PETITIONER TO THE MANAGER, PERUMAL KOVIL DEVASWOM U.P.SCHOOL. EXT.P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.24701 OF 2007. EXT.P10 TRUE COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P11 TRUE COPY OF THE ORDER PASSED BY THE AEO DATED 23.4.2009. EXT.P12 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER ADDRESSED TO THE AEO. EXT.P13 TRUE COPY OF THE LETTER DATED 22.7.2008 ISSUED BY THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT BOARD. EXT.P14 TRUE COPY OF THE REJECTION ORDER DATED 8.1.2010 OF APPOINTMENT OF THE PETITIONER BY THE AEO. EXT.P15 TRUE COPY OF THE PETITIONER'S APPEAL BEFORE THE DEO, PALAKKAD. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 3469 OF 2010 G ------------------------------------------------------ Dated this the 22nd day of September, 2010 JUDGMENT The petitioner was appointed as Hindi Teacher (Full Time) at P.K.D.U.P.School, Kollengode, for the period from 2.7.1997 to 11.9.1997 against the leave vacancy of Seethalakshmy.K.R. According to the petitioner, she became a claimant under Rule 51A of Chapter XIV A of the Kerala Education Rules, in view of the approval of appointment for the aforesaid period. However, when a retirement vacancy arose, another person was appointed. In this Writ Petition, the challenge is not against the appointment of another person ignoring the claim of the petitioner under Rule 51 A. On the other hand, the learned counsel for the petitioner submitted that a regular vacancy of UPSA arose on 1.6.2009 and the petitioner was appointed as UPSA, as per Ext.P12 order of appointment dated 1.6.2009. The Assistant Educational Officer rejected the proposal for approval as per Ext.P14 order dated 8.1.2010, which reads as follows: W.P.(C) NO.3469 OF 2010 :: 2 :: “The appointment of Smt.Thushara L.Unni, U.P.S.A., w.e.f.1.6.09 at P.K.D.U.P.School, Kollengode is rejected as the order of the Commissioner HR & CE Dept. (Now Malabar Devaswom Board) dated 22.7.08 to temporarily stop the approval of appointments at P.K.D.U.P.School, Kollengode still exists as per reference No.3. The conduct certificate attached along with the proposal is not acceptable. The original certificates and connected file is herewith attached.” Against Ext.P14 order, the petitioner filed Ext.P15 appeal before the District Educational Officer, Palakkad. It is stated that Ext.P15 appeal is pending. 2. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Manager to issue appointment order to the petitioner from the academic year 2006-07 onwards as Upper Primary School Assistant since the petitioner is fully qualified for the said post and also there is vacancy available in the school; W.P.(C) NO.3469 OF 2010 :: 3 :: (ii) to issue a Writ of Certiorari or any other appropriate writ, order or direction to quash Exhibit P14; (iii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Assistant Educational Officer, Kollengode to approve the appointment of the petitioner as Upper Primary School Assistant on the basis of Exhibit P12 appointment order; (iv) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the District Educational Officer, Palakkad to consider Exhibit P15 appeal filed by the petitioner and take decision without any further delay; (v) to grant such other and further reliefs as this Honourable Court may consider just and proper in the facts and circumstances of the case.” 3. The learned counsel for the petitioner submitted that, for the time being, the petitioner would be satisfied if relief (iv) is granted, leaving open her contentions raised in the Writ Petition. The request is just and reasonable. W.P.(C) NO.3469 OF 2010 :: 4 :: Accordingly, the Writ Petition is disposed of as follows: (a) The District Educational Officer, Palakkad shall consider and dispose of Ext.P15 appeal as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. (b) The petitioner shall produce a copy of the Writ Petition and the certified copy of the judgment before the District Educational Officer. (K.T.SANKARAN) Judge ahz/