IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 21166 of 2008(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. MANZOOR.N, AGED 26 YEARS, S/O.MOOSA, NEERMUNDA HOUSE, PADALINGAL, MEPPADAM.P.O, MAMBAD VIA, MALAPPURAM DISTRICT. 2. MUJEEB RAHMAN.A.P, AGED 36 YEARS, S/O. MOHAMMEDKUNJU, AALIKKAPARAMBIL HOUSE, P.O. VANIYAMBALAM, MALAPPURAM DISTRICT. 3. FAISAL.E, AGED 32 YEARS, S/O.MOHAMMED.E, ERANJIKKAL HOUSE, AINDOOR, EDAVANNA.P.O, MALAPPURAM DISTRICT. 4. ABDUL MUNEER.M, AGED 29 YEARS, S/O.KUNJUMUHAMMED, MACHINGAL HOUSE, KARAKKUNNU.P.O, MANJEREI VIA, MALAPPURAM DISTRICT. BY ADV. MR.M.A.ABDUL HAKHIM RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. Kss ...2/- ...2..... WPC.NO.21166/2008 T 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. THE MANAGER, MES HIGHER SECONDARY SCHOOL, MAMPAD, MALAPPURAM. *ADDL.R6 IS IMPLEADED : R6. DISTRICT EDUCATIONAL OFFICER, WANDOOR. (*ADDL.R6 IS SUO-MOTU IMPLEADED AS PER ORDER DTD. 23/03/2009 IN WPC.NO.21166/2008) R1 TO R4& ADDL.R6 BY SR.GOVERNMENT PLEADER SMT.T.B.REMANI R5 BY ADV. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21166/2008 T APPENDIX PETITIONER'S EXHIBITS: EXG.P2: COPY OF THE ORDER OF REJECTION OF APPROVAL DTD. 27/11/2005 BY THE 4TH RESPONDENT WITH RESPECT TO THE 1ST PETITIONER. EXT.P2: COPY OF THE ORDER DTD. 26/04/2006 OF THE 3RD RESPONDENT WITH RESPECT TO THE 1ST PETITIONER. EXT.P3: COPY OF THE ORDER DTD. 14/04/2006 OF THE 3RD RESPONDENT WITH RESPECT TO THE 2ND PETITIONER. EXT.P4: COPY OF THE ORDER DTD. 5/07/2007 WITH RESPECT TO THE 1ST PETITIONER. EXT.P5: COPY OF THE ORDER DTD. 14/05/2007 WITH RESPECT TO THE 2ND PETITIONER. EXT.P6: COPY OF THE REVIEW PETITION DTD. 8/06/2007 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER DTD. 28/11/2007 OF THE 1ST RESPONDENT. EXT.P8: COPY OF THE ORDER DTD. 16/10/2007 OF THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 4/10/2008 SUBMITTED BY THE MANAGER BEFORE THE MINISTER OF EDUCATION, STATE OF KERALA. EXT.P10: COPY OF THE G.O.(MS) 123/91/G.EDN. DTD. 5/08/1991 ISSUED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE G.O.(P) NO.178/2002/G.EDN. DTD. 28/06/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P12(A): COPY OF THE ORDER DTD. 14/02/2007 OF THE 1ST RESPONDENT. EXT.P12(B): COPY OF THE ORDER DTD. 12/11/2007 OF THE 1ST RESPONDENT. EXT.P12(C): COPY OF THE ORDER DTD. 24/11/2007 OF THE 1ST RESPONDENT. EXT.P13: COPY OF THE G.O.9RT) NO.3776/2006/G.EDN. DTD. 24/08/2006. EXT.P14: COPY OF THE GOVERNMENT ORDER DTD. 9/02/2009 ALONG WITH THE RELEVANT PORTION OF THE ANNEXURE. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.21166 of 2008 -------------------------------------- Dated 23rd March, 2009 JUDGMENT Heard Sri.M.A.Abdul Hakhim, the learned counsel appearing for the petitioners, Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 to 4 and 6 and Sri.Babu Karukapadath, the learned counsel appearing for the fifth respondent. 2. The petitioners are teachers appointed by the fifth respondent Manager. Their appointments were not approved by the District Educational Officer who at that point of time was the District Educational Officer, Malappuram. The school is now within the limits of the jurisdiction of the District Educational Officer, Wandoor, the additional sixth respondent. The appeals filed there from were also rejected. The Manager thereupon moved the Director of Public Instruction in revision and the revision petitions were also rejected. The Manager unsuccessfully moved the Government by filing revision petitions. This writ petition was thereupon filed challenging the orders passed by the original, appellate and revisional authorities and the Government. The petitioners have also prayed for a writ in the nature of mandamus directing the official respondents to approve their appointments. WP(C)No.21166/2008 2 3. After this writ petition was filed, the Government issued Ext.P14 order dated 9.2.2009, directing the concerned educational officers to approve the appointment of the persons named in the list appended to it, if they are otherwise eligible. The name of the petitioners appear in the list appended to Ext.P14. In view of Ext.P14, the District Educational Officer concerned, namely the District Educational Officer, Wandoor, will necessarily have to reconsider the question whether the appointments of the petitioners can be approved. I accordingly quash the orders passed by the official respondents declining to approve the appointments of the petitioners and direct the additional sixth respondent, the District Educational Officer, Wandoor to consider whether in the light of Ext.P14 Government order, the appointments of the petitioners can be approved or not. Since nearly four years have passed after the petitioners were appointed, the District Educational Officer shall afford the petitioners and fifth respondent Manager, a reasonable opportunity of being heard before taking a decision in the matter. A final decision in the matter shall be taken within three months from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. No costs. P.N.RAVINDRAN Judge TKS