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. 27000 of 2008(L) ------------------------------------ PETITIONER: ------------------- MANAGER, SUBULUSSALAM HIGHER SECONDARY SCHOOL, MOORKANAD, URANGATTIRI.PO., MALAPPURAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER, VANDOOR MALAPPURAM DISTRICT. 4. AYISHABI.P., D/O.P.USMAN, POTHENCHERY HOUSE, VAZHAKKAD ROAD, AREAKODE, MALAPPURAM DISTRICT. SMT. T.B.RAMANI GOVERNMENT PLEADER FOR R1 TO R3 ADV. SRI. P.C. SASIDHARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE ORDER NO. KDIS.B2/11301/02 DATED 23.07.2002. EXT.P2 : TRUE COPY OF THE ORDER NO. K.DIS/26390/02/B2 DATED 11.04.2003. EXT.P3 : TRUE COPY OF THE ORDER NO. EM(4)/40303/07/DP1/K.DIS. DATED 14.2.2008. EXT.P4 : TRUE COPY OF THE PETITION FILED BEFORE THE DPI. EXT.P5 : TRUE COPY OF THE COMMUNICATION NO. EM4/22222/08/DP1 DATED 2.4.2008. EXT.P6 : TRUE COPY OF THE REVISION PETITION FILED BEFORE THE FIRST RESPONDENT DATED 30.06.2008. EXT.P7 : TRUE COPY OF THE SHOW CAUSE NOTICE NO. EM4/22222/2008/DP1 DATED 13.06.2008. EXT.P8 : TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 11.07.2008. EXT.P9 : TRUE COPY OF THE HEARING NOTICE NO. EM(4) 22222/08/DP1 DATED 29.08.2008. EXT.P10 : TRUE COPY OF THE STAY PETITION DATED EXT.P11 : TRUE COPY OF THE APPOINTMENT ORDER DATED 04.06.2007. /TRUE COPY/ P.A.TO JUDGE. T.R. RAMACHANDRAN NAIR, J ===================== W.P.C. No. 27000 of 2008 ================= Dated this the 22nd day of October, 2009 J U D G M E N T Petitioner is a Manager of an aided Higher Secondary School in Malappuram District, who is aggrieved by the order, Ext.P3 as well as the consequent show cause notice issued by the Director of Public Instruction (Ext.P7). 2. The fourth respondent was appointed by the petitioner as H.S.A (Social Studies) in a maternity leave vacancy of one Smt.P.P.Abida between 20/10/2001 and 31/03/2002. The approval of the said appointment was declined by Ext.P1 and even though the petitioner went in appeal, the same was rejected as per Ext.P2. Ext.P3 is the order passed by the Director of Public Instruction on a revision petition filed by the fourth respondent. As per the said order, the Director of Public Instruction directed to approve the appointment of the fourth respondent for the period from 20/10/2001 to 31/03/2002. The petitioner had W.P.(C).No.27000/2009 -: 2 :- challenged the same in a review petition filed before the Director of Public Instruction as per Ext.P4. Later the petitioner filed a revision petition before the Government as per Ext.P6. It is at that stage the Director of Public Instruction issued Ext.P7 show cause notice directing to state the reason if any not to implement the office order, within 15 days and also specify why he should not be disqualified under Rule 7 Chapter III K.E.R. The petitioner filed Ext.P8 explanation in the matter. Thereafter, the petitioner was served with Ext.P9 which evidences the fact that a personal hearing was proposed to be held to disqualify the Manager under Rule 7, Chapter III K.E.R. 3. Heard the learned counsel for the petitioner and the learned counsel appearing for the fourth respondent and the learned Government Pleader for respondent Nos.1 to 3. 4. In the light of the fact that the revision petition filed before the Government is pending, to have a quietus of the dispute between the parties, it is only appropriate that W.P.(C).No.27000/2009 -: 3 :- the revision petition is to be disposed of within a time frame. 5. The learned counsel for the fourth respondent submitted that the petitioner is not an aggrieved party to maintain the revision petition and therefore, the revision petition cannot be entertained. 6. The learned counsel for the petitioner submitted that the Director of Public Instruction did not hear the petitioner before passing Ext.P3 and the said order will show that the revision petition filed by the fourth respondent itself was unduly delayed. It is also pointed that the reference (3) therein is a letter of the Minister for Education and it is only based on this letter the revision petition was entertained. 7. Be that as it may, these are all matters to be raised before the Government by the respective parties. I am not expressing anything on the merits of the matter since it will adversely affect the respective contentions of W.P.(C).No.27000/2009 -: 4 :- the parties. Therefore, there will be a direction to the Government to take a decision on Ext.P6 after hearing the petitioner and the fourth respondent within a period of three months from the date of receipt of a copy of this judgment. 8. The learned counsel for the fourth respondent submitted that there may be a direction to the Manager not to make any fresh appointment as otherwise it will adversely affect the interest of the fourth respondent. 9. The learned counsel for the petitioner submitted that the appointment of one Mujeeburahiman has already been approved. 10. Any how, these are all matters which will depend upon the outcome of the revision petition yet to be disposed of by the Government. Therefore, I do not think that it will be appropriate to issue any such direction. 11. The interim stay granted by this Court dated 05/09/2008 will continue till final orders are passed in the revision petition. As far as the challenge against Exts.P7 W.P.(C).No.27000/2009 -: 5 :- and P9 are concerned, it is open to the petitioner to approach this Court or any statutory authorities at the appropriate time and the disposal of the writ petition will be without prejudice the contentions of the petitioner regarding the validity of Exts.P7 and P9. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ln