IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17014 of 2011(B) -------------------------------- PETITIONER: -------------- E.K.ARYA, HIGH SCHOOL ASSISTANT (ENGLISH) D.D.SABHA HIGH SCHOOL, KARIMPADAM, CHENDAMANGALAM P.O., PIN 683 512. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH SMT.DIVYA CHANDRAN RESPONDENTS: ------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683101. 2. THE MANAGER, D.D.SABHA HIGH SCHOOL, KARIMPADAM, CHENDAMANGALAM P.O., PIN 683 512. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17014/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 8.7.10 ISSUED BY R2. EXT. P2 : COPY OF ORDER No.B4/5263/10/L DIS DTD. 26.3.11. EXT. P3 : COPY OF AFFIDAVIT OF R2 DTD. 10.11.10. EXT. P4 : COPY OF ORDER No.B4-6028/2010/D.DIS DTD. 4.12.10 OF R1. EXT. P5 : COPY OF DETAILS OF UNDEPLOYED PROTECTED TEACHERS 2010-11 ISSUED BY Deputy Director of Education, ERNAKULAM. EXT. P6 : COPY OF CIRCULAR No.7/J2/2005/G.EDN DTD. 4.4.05 ISSUED BY THE GOVT. OF KERALA. EXT. P7 : COPY OF LETTER SUBMITTED BY R2 BEFORE R1 DTD. 15.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17014 OF 2011 --------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T The petitioner, a High School Assistant in English, seeks for a direction to the District Educational Officer to consider and pass orders on Ext.P7 wherein the Manager has requested the District Educational Officer to reconsider Ext.P2 order. The request was made by the Manager in the light of the revised proposal he has submitted. 2. The appointment order as far as the petitioner is concerned is Ext.P1 and by Ext.P2, the District Educational Officer took the view that as the Manager has not fulfilled the conditions laid down in G.O.(P)10/10/G.Edn dated 12.01.2010, the approval of appointment of the petitioner cannot be considered. Accordingly, the original certificates and the connected documents were returned to the Manager. It is submitted that thereafter the Manager has forwarded the declaration executed as per Ext.P3. It is in these circumstances the Manager has W.P.(C) No.17014/2011 2 approached the District Educational Officer by Ext.P7. 3. Learned Government Pleader on getting instructions submitted that the remedy of the Manager is only to file an appeal against the order passed by the District Educational Officer as he has no power to review the order. 4. Learned counsel for the petitioner submitted that what is sought for is not a review but a reconsideration after curing of the defect alone and the petitioner will appraise the same before the District Educational Officer if an opportunity is granted. In that view of the matter, there will be a direction to the District Educational Officer to hear the parties namely, the petitioner and the Manager and take appropriate decision on Ext.P7 within a period of one month from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp