IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 27086 of 2010(I) -------------------------- PETITIONER: --------------- V.SANGEETHA, UPSA,PERUR AIDED SB SCHOOL, PERUR, PALAKKAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL, EDUCATION DEPARTMENT, GOVERNEMNT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679 101. 4. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679 101. 5. THE MANAGER, PERUR AIDED SB SCHOOL, PERUR, PALAKKAD DISTRICT PIN-679 302. GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1-4 SRI.KKM.SHERIF FOR R5 SRI.A.A.ZIYAD RAHMAN FOR R5 SRI.V.R.REKESH FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.27086 Of 2010-I ----------------------------------------------------- DATED THIS THE 22nd DAY OF MARCH, 2011 J U D G M E N T The petitioner was appointed as Assistant Teacher (UPSA) under the 5th respondent and she joined duty on 9.6.2008. The copy of the appointment order has been forwarded for approval to the 4th respondent. It was rejected mainly for the reason that the Government has banned appointment as per G.O(P) No.317/2005/G.Edn. dated 17.8.2005, a copy of which is produced as Exhibit P3. 2. The appeal/revision was also disposed of in the light of the above order and challenging all these orders, this Writ Petition has been filed. 3. It is submitted by the learned counsel for the petitioner that the Manager is prepared to execute a declaration in terms of G.O.(P)No.10/10/G.Edn. dated 12.1.2010 and a copy of the Government Order has been produced as Exhibit P7. 4. The learned counsel for the Manager also submitted that the Writ Petition can be disposed of in the light of the W.P.(C)No. 27086/10 -2- declaration to be submitted by the Manager. It is submitted by the learned counsel for the Manager also that the Manager is prepared to execute the declaration in terms of Exhibit P7 G.O. 5. In that view of the matter, on the Manager executing the required declaration in terms of G.O.(P) No.10/10/G.Edn.dated 12.1.2010, the 4th respondent will take a fresh decision in the matter. To enable the 4th respondent to consider the matter afresh, the impugned orders are quashed. Appropriate orders will be passed by the 4th respondent within a period of one month from the date of receipt of the declaration from the Manager. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge