IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16339 of 2010(N) -------------------------- PETITIONER(S): --------------- SMT.SHIBY JOSEPH,W/O.MATHEW,UPSA, M.M.U.P.SCHOOL,PITTUKARIKULAMBU,KORANCHIRA P.O, PALAKKAD. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. ASSISTANT EDUCATIONAL OFFICER, ALATHUR-PALAKKAD. 2. DISTRICT EDUCATIONAL OFFICER,PALAKKAD. 3. DIRECTOR,PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.DILIP MOHAN R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16339 OF 2010 -------------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The petitioner was appointed as Upper Primary School Assistant against a vacancy that has arisen in the M.M.U.P School, Pittukarikulamhu on 8.10.2007. Ext.P1 is the staff fixation for the year 2008-09. The same was revised as per Ext.P3 based on Ext.P2. Ext.P4 is the staff fixation for the year 2009-10. Feeling aggrieved by Ext. P4, Ext.P5 revision petition has been filed by the petitioner under Rule 12(E)(3) of Chapter XXIII of the Kerala Education Rules. The said revision petition is pending before the third respondent. 2. The specific contention of the petitioner is that if 1:40 teacher student ratio is applied, it would result in sanctioning of one more division in 7th standard, in which case, the petitioner would be able to continue in service. However, the said aspect was not at all looked into by the authorities. The petitioner has raised all these aspects in Ext.P5 revision petition. Considering the fact that Ext.P5 is pending before the third W.P.(C) NO.16339/2010 2 respondent, without making any observation as to the merits of the contentions raised by the petitioner, this Writ petition is disposed of with a direction to the third respondent to consider and pass orders on Ext.P5 revision petition submitted by the petitioner expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner shall be afforded with an opportunity of being heard in the matter. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16339/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.16339/2010 JUDGMENT 27th May, 2010 W.P.(C) NO.16339/2010 4