IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33573 of 2009(N) -------------------------- PETITIONER(S): --------------- SHUBHA V., AGED 31 YEARS, W/O.K.P.RADHAKRISHNAN, RAJA'S A.U.P.SCHOOL, ANCHAMTHURUTHI-671 351, KASARAGOD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD, P.O.VIDYA NAGAR. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, P.O.CHERUVATHUR, KASARAGOD DISTRICT. 5. THE MANAGER, RAJA'S A.U.P.SCHOOL, ANCHAMTHURUTHI, P.O.ANCHAMTHURUTHI-671351 KASARAGOD DISTRICT. BY SR. GOVT. PLEADER SRI. A.J VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33573 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T The petitioner herein was appointed as Part-time Hindi Teacher by the 5th respondent from 6.6.2007 against the promotion vacancy of Sri.A.Satheesan as per Ext.P1 order. Bu the approval of the said appointment was declined as per Ext.P2 on the ground that protected hands are available. The contention raised by the petitioner is that there was no list of Junior Hindi (Part- time) Protected Teachers available at that point of time. Ext.P2 communication is relied upon in this regard. Even though an appeal was filed before the Director of Public Instruction, that was rejected by Ext.P3. 2. Later, when a vacancy of Upper Primary School Assistant arose in the school, the Manager appointed a Protected Teacher namely Sri.P.V Pradeepan as per Ext.P4 order. The petitioner has thereafter filed Ext.P5 revision petition before the Government and accordingly seeks for a direction to the Government to take a decision on Ext.P5 within a time frame. Reliance is placed on Ext.P6 judgment W.P ( C) No.33573 of 2009 2 of this Court in W.P (C) No.4623 of 2009 in support of her pleas. 3. Heard the learned Government Pleader for respondents 1 to 4, also. 3. There will be a direction to the 1st respondent to take a decision on Ext.P5, after hearing the petitioner and the 5th respondent, within a period of four months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the writ petition along with copy of this judgment before the 1st respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.33573 of 2009 3 W.P ( C) No.33573 of 2009 4