IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29173 of 2009(N) -------------------------------- PETITIONER: -------------- T.MOHAMMEDALI SHIHABUDDIN, AGED 34 YEARS, S/O.FAKKARUDHEEN, UPPER PRIMARY SCHOOL ASSISTANT, A.M.U.P.SCHOOL, AKKODEVIRIPPADAM, KONDOTTY, 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, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT. 3. THE ASST. EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT. 4. THE MANAGER, A.M.U.P.SCHOOL, AKKODEVIRIPPADAM, KONDOTTY, MALAPPURAM DISTRICT. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29173 OF 2009 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T The petitioner was appointed as Upper Primary School Assistant from 05.06.2006 against a regular vacancy arose due to the promotion of Sri.C.K.Varghese as Headmaster from 01.06.2006. The approval was declined on the ground that change of management is pending consideration before the Director of Public Instruction as per Exhibit P1. The appeal filed against the same was also rejected by Exhibit P2. 2. It is pointed out that the change of management in favour of Sri.Mustha Hudavi was approved by the Director of Public Instruction as per order dated 15.01.2008. As the same was challenged before the Government, the Government intervened and ultimately the order was cancelled. It is pointed out that in W.P.(C) No.29893/2008, this Court has stayed the Government order. W.P.(C) No.29173/2009 2 3. The contention raised by the petitioner is that the dispute regarding the management of the school shall not be taken as a ground to reject the approval. The petitioner had filed a revision petition before the Government against Exhibit P2 and by Exhibit P3, the Government directed the Assistant Educational Officer to approve the appointment of the petitioner as U.P.S.A from 05.06.2006 if management dispute is the only reason for the rejection of approval of appointment and if it is otherwise in order as per Kerala Education Rules, after the appointment of Sri.Varghese C.K. as Headmaster is approved. 4. Exhibit P4 is the order issued directing the approval of appointment of the Headmaster of the school. The appointment of the Headmaster has been approved by the Assistant Educational Officer as per Exhibit P5. Thereafter, the Manager has re-submitted the proposal on 30.04.2009 for approval of appointment of the petitioner as per Exhibit P6. Since no orders are passed in respect of the proposal for approval of appointment, the petitioner has filed this writ petition. Learned Government Pleader on instructions submits that orders will be passed within a period of three weeks. Therefore, W.P.(C) No.29173/2009 3 there will be a direction to the 3rd respondent to pass appropriate orders as directed by the Government in Exhibit P3 within the above period of three weeks. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp