IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36206 of 2009(U) ------------------------------------- PETITIONER(S): ------------------------- 1. BLESSY PAUL, U.P.S.A., GNANAPRAKASINI U.P.SCHOOL, KECHERY, THRISSUR DISTRICT. 2. SHERY CHERUVATHUR, U.P.S.A., GNANAPRAKASINI U.P.SCHOOL, KECHERY, THRISSUR DISTRICT. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. 4. THE MANAGER, GNANAPRAKASINI U.P.SCHOOL, KECHERY, THRISSUR DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36206 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009. JUDGMENT The petitioners are working as U.P.S.As. in the school managed by the 4th respondent. The same is an aided school governed by the provisions of the K.E.R. The first petitioner was appointed in a regular vacancy as per order dated 5.6.2006 and the approval is still awaited. The second petitioner was appointed in a regular vacancy from 1.6.2009 and the approval of the appointment is still awaited. 2. During the staff fixation for the year 2009-2010 the roll strength in 5th standard was 154, in 6th standard it was 147 and in 7th standard it was 151. Ext.P4 is the details of the verified attendance prepared by the Educational Officer. A high level verification was conducted by the second respondent on 9.9.2009. It is the case of the petitioners that during the said visit there was an outbreak of epidemic in Kechery locality in the form of a viral fever and further, it was the Lent season for the Muslims for Ramsan. The attendance noted by the second respondent show that the strength was reduced. According to the petitioners, it was because of absence of students for the above reasons. Ext.P6 is the representation wpc 36206/2009 2 submitted by the petitioners before the Government for a direction to have a re-visit in the school. It is pointed out that under Rule 12 of Chapter XXIII K.E.R. the said demand is justified. 3. Learned Govt. Pleader on instructions, submitted that Ext.P6 has been received and a report has been called for in the matter. Learned counsel for the petitioners submitted that a direction may be issued to the first respondent to take a decision on Ext.P6 within a time frame, as otherwise it will adversely affect the interest of the petitioners and the school itself. 4. Therefore, there will be a direction to the first respondent to take a decision on Ext.P6 after assessing various factors pointed out by the petitioners and the Manager, expeditiously, at any rate within a period of six weeks from the date of production of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/