IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11116 of 2009(H) --------------------------------------- PETITIONERS: --------------------- 1. THE MANAGER, INFANT JESUS HIGH SCHOOL, VAZHAKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. JEBIN J. KOTTARAM, S/O. JOSE, AGED 28 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, INFANT JESUS HIGH SCHOOL, VAZHAKKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT. R1 TO R4 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11116 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The first petitioner is the Manager of Infant Jesus High School, Vazhakkulam. The school was originally established as a Boys School in 1919. Later, by Ext.P2 order dated 9.6.2005, the Government permitted admission of girl students in the said school. The Government also directed the management to change the name of the school. 3. The first petitioner Manager appointed the second petitioner as Upper Primary School Assistant with effect from 1.6.2007 in a retirement vacancy that arose on 30.4.2007. By Ext.P8 order passed on 24.9.2007, the District Educational Officer declined to approve the appointment on the ground that the school is an uneconomic school and vacancies in uneconomic schools should be filled up by appointing protected teachers. Aggrieved by Ext.P8 order, the Manager filed an appeal before the Deputy Director of Education. That appeal was rejected by Ext.P10 order dated 16.4.2008. Aggrieved thereby the Manager has filed Ext.P11 revision petition before the Director of Public WP(C).No.11116/2009 2 Instruction. The Manager has also filed Ext.P12 representation before the Government requesting the Government to modify Ext.P2 Government order. In this writ petition, the petitioners inter alia seek a direction to the Director of Public Instruction to hear and pass orders on Ext.P11 revision petition within a time limit to be fixed by this Court. The petitioners also seek a direction to the Government to consider the request made by the first petitioner in Ext.P12 representation and take a decision thereon. 4. When this writ petition came up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners are not for the time being seeking a direction to dispose of Ext.P12 and that the writ petition may be disposed of reserving liberty to the petitioners to take up the issue referred in Ext.P12 in other appropriate proceedings and by directing the Director of Public Instruction to hear Ext.P11 revision petition and pass orders thereon. Ext.P11 is a revision petition filed by the first petitioner Manager, from the orders passed by the District Educational Officer and the Deputy Director of Education declining to approve the second petitioner's appointment. The second petitioner was appointed on 1.6.2007. Nearly two years have passed thereafter. I am therefore of the opinion that the Director of Public Instruction has to pass expeditious WP(C).No.11116/2009 3 orders on Ext.P11 revision petition. I accordingly dispose of this writ petition with a direction to the Director of Public Instruction to hear Ext.P11 revision petition and pass orders thereon after notice to and affording the petitioners a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a copy of this writ petition along with a certified copy of this judgment before the Director of Public Instruction. The petitioners will be free to independently agitate the issue raised in Ext.P12 in other appropriate proceedings. P.N.RAVINDRAN Judge TKS