IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 32130 of 2008(Y) -------------------------- PETITIONER(S): --------------- C.A.ABIDA,AGED 32, W/O. MOHAMMED SAGEER,H.S.A. (HINDI), M.E.S.H.S.S., SREENARAYANAPURAM, P.VEMBALLUR P.O., PIN 680 671. BY ADV. SRI.V.A.MUHAMMED SHRI.K.E.HAMSA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 5. THE CORPORATE MANAGER, MUSLIM EDUCATIONAL SOCIETY, KOZHIKODE 673 001. SMT.T.B.REMANI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32130/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LETTER NO.55531/E1/07/G.EDN. DATED 11/06/2008. P2 : COPY OF THE ORDER NO.EM6/72147/07/D.P.I./KDIS OF DPI DATED 25/10/2005. P3 : COPY OF THE ORDER NO.EM6/109314/04/DPI/DDIS DATED 17/10/2005. P4 : COPY OF THE ORDER NO.EM6/56705/06/DPI/DDIS DATED 01/06/2007. P5 : COPY OF THE ORDER NO.EM6/13136(10)/08/DPI/KDIS DATED 20/05/2008. P6 : COPY OF THE ORDER NO.EM6/109311/06/DPI/KDIS DATED 02/05/2007. P7 : COPY OF THE GO(Rt) NO.1907/06/EDN. DATED 10/05/2006. P8 : COPY OF THE G.O.(Rt) NO.3104/05/G.EDN. DATED 21/06/2005. P9 : COPY OF THE G.O.(Rt) NO.975/06/G.EDN. DATED 03/03/2006. P10 : COPY OF THE G.O.(Rt) NO.1413/07/G.EDN. DATED 28/03/2007. P11 : COPY OF THE G.O.(Rt) NO.4302/07/G.EDN. DATED 19/09/2007. P12 : COPY OF THE LETTER NO.B5/10334/08 OF DDE DATED 11/06/2008. P13 : COPY OF THE DECISION REPORTED IN 1993(2) KLT SN 27. P14 : COPY OF THE REVIEW PETITION DATED 10/09/2008. P15 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.2563/2008 DATED 24/09/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. -------------------------- W.P.(C) No.32130 of 2008 ------------------------------------- Dated this the 15th day of December, 2008 J U D G M E N T The 5th respondent appointed the petitioner as an HSA Hindi in its newly opened school with effect from 25/07/2005. Approval sought for was rejected and ultimately in revision, the Government also confirmed the order of rejection on the ground that the school being a newly opened one, the vacancy should have been filled up with a protected teacher as per the provisions contained in G.O.(P) No.178/02/G.Edn. dated 28/06/2002. 2. The learned counsel for the petitioner submits that the Manager has discharged his obligation, and particularly makes reference to the appointment of one V.R.Dhramarajan with effect from 01/10/2007, after issuance of G.O.(Rt.) No.3776/2006/G.Edn. dated 24/08/2006. The learned counsel for the petitioner refers to Ext.P12 communication issued by the Deputy Director of Education, Thrissur addressed to the DPI on 11/06/2008 that there was no protected teacher available in the category of HSA Hindi during 2005-06 in Thrissur District. If the contents of Ext.P12 are correct, the reason W.P.(C) No. 32130/2008 -2- stated in Ext.P1 for rejecting approval of the petitioner's appointment cannot be sustained. 3. Therefore, I quash Ext.P1 and direct the 4th respondent to reconsider the request for approval of the petitioner's appointment in the light of Ext.P12. Relevance of Exts.P2 to P11 will also be considered at the time when the matter is reconsidered. 4. The petitioner will produce a copy of this judgment along with a copy of this writ petition before the DEO for passing orders in this matter. Orders as directed above shall be passed as expeditiously as possible, at any rate, within 8 weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg