IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 12387 of 2011(W) -------------------------- PETITIONER(S): --------------- P.P.SINDHU,WIFE OF SANTHOSH,AGED 39, UPPER PRIMARY SCHOOL ASSISTANT,AL-FAROOKHIYA HIGH SCHOOL,CHERANELLUR,(VIA) EDAPPALLY,ERNAKULAM-34. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-01. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-11. 3. THE MANAGER, AL-FAROOKHIYA HIGH SCHOOL,CHERNELLUR, (VIA) EDAPPALLY,ERNAKULAM- 682 034. 4. THE HEADMISTRESS, AL-FAROOKHIYA HIGH SCHOOL, CHERANELLUR,(VIA) EDAPPALLY, ERNAKULAM- 682 034. 5. SABITHA MOITHEEN,HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) (NOT APPROVED) AL-FAROOKHIYA HIGH SCHOOL, CHERANELLUR,(VIA) EDAPPALLY, ERNAKULAM - 682 034. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12387/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of May, 2011 J U D G M E N T The petitioner was appointed as Upper Primary School Assistant on 26/07/2006 in an additional anticipated vacancy as per Ext.P1 order. The approval was declined in the light of G.O.(P).No.317/05/G.Edn. dated 17/08/2005. Now, a modified Government Order has been issued as per G.O.(P).No.10/10/Gl.Edn., dated 12/01/2010. The learned counsel for the petitioner submitted that steps are being taken to approve the appointment of the petitioner. The staff fixation has been revised for the period from 2006-07 to 2010-11 as evident from Ext.P2 order. It is also submitted that the Manager has filed the necessary declaration as contemplated in G.O.(P). No.10/10/Gl.Edn., dated 12/01/2010. 2. Presently, the petitioner claims that she being a claimant under Rule 43 of Chapter XIVA Kerala Education Rules is eligible for appointment as H.S.A (Social Studies) in a vacancy which arose on 20/11/2006. Actually, the Manager had appointed the fifth respondent in that vacancy and it is pointed out that the approval of the appointment of the W.P.(C). No.12387/2011 -:2:- fifth respondent has already been declined by various authorities. The same are not under challenge by her. 3. The petitioner in these circumstances has moved the Manager as per Ext.P4 representation and the District Educational Officer as per Ext.P5 representation. 4. One of the reasons pointed out in the order refusing the appointment of the fifth respondent is that there are four Rule 43 claimants for H.S.A (Social Studies). In that view of the matter, there will be a direction to the District Educational Officer to consider and pass order on Ext.P5 representation after hearing the petitioner, the Manager and the fifth respondent. Same will be done within a period of two months from the date of receipt of a copy of this Judgment. It is made clear that this Court has not decided anything on the merits of the matter. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE