IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 18841 of 2009(A) -------------------------------- PETITIONERS: ---------------- 1. A. AHAMED, MANAGER, S.N.M. HIGHER SECONDARY SCHOOL, PARAPPANANGADI, MALAPPURAM DISTRICT. 2. A.V. NAJMUNNISA, W/O. ASHRAF, AGED 30 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), S.N.M. HIGHER SECONDARY SCHOOL, PARAPPANANGADI, MALAPPURAM DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18841 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The petitioners are respectively the Manager and the High School Assistant (Social Science) of S.N.M. Higher Secondary School, Parappanangadi. The 2nd petitioner was appointed in the school as H.S.A (Social Science) from 02.09.2002 to 13.01.2003, 14.01.2003 to 13.03.2003 and 01.08.2003 to 03.10.2003 and those appointments have been approved, which is evidenced by Exhibits P1 to P3 appointment orders. Again the 2nd petitioner was regularly appointed against the retirement vacancy as H.S.A (Social Science) in the school from 01.08.2005 as per Exhibit P4 order. But, the approval of the same was declined as per Exhibit P5 against which a revision petition was filed as Exhibit P6 before the Government. The said revision petition stands rejected as per Exhibit P7. 2. The petitioners are relying on Exhibit P8, an order dated 17.06.2009 passed by the Government, which will show that the W.P.(C) No.18841/2009 2 objection taken against the approval cannot be sustained. It is made clear in Exhibit P8 that the teachers who have been appointed prior to 16.11.2002 as H.S.A in core subjects and who are eligible under Rule 51A Chapter XIV A of Kerala Education Rules could get approval in respect of appointment in vacancies which have arisen subsequent to 16.11.2002 in terms of the subject ratio which existed prior to 07.01.2002. It is pointed out that the same is a subsequent order passed by the Government after the disposal of the revision petition by Exhibit P7. Therefore, the petitioners pray for a reconsideration of Exhibit P6 in the light of Exhibit P8. In that view of the matter, this writ petition is disposed of directing the 1st respondent to take a decision on Exhibit P6 revision petition afresh, after hearing the petitioners, in the light of Exhibit P8 order. To enable the Government to hear the revision petition again, Exhibit P7 is set aside. The revision petition will be disposed of afresh within a period of four months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp