IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 31357 of 2010(T) -------------------------------------- PETITIONER(S): ----------------------- 1. HASKAR. A., L.P.S.A. PULIYACODE AUP SCHOOL, PULIYACODE, P.O.AKKAPARAMBA, MALAPPURAM. 2. SAMVEER. P.C., U.P.S.A., PULIYACODE AUP SCHOOL, PULIYACODE, P.O.AKKAPARAMBA, MALAPPURAM. 3. SHYNOJ KUZHIMBATTIL, L.P.S.A., PULIYACODE AUP SCHOOL, PULIYACODE P.O., AKKAPARAMBA, MALAPPURAM. 4. JJI. C., L.P.S.A. PULIYACODE AUP SCHOOL, PULIYACODE, P.O.AKKAPARAMBA, MALAPPURAM. BY ADV. SRI.P.C.SASIDHARAN, SRI.E.S.ASHRAF. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-676 505. 3. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KIZHISSERI, MALAPPURAM-676 505. 4. THE MANAGER, PULIYACODE AUP SCHOOL, PULIYACODE, P.O. AKKAPARAMBA, MALAPPURAM-673 641. WP(C) NO. 2305/2011-T *ADDL. R5 IMPLEADED ADDL. R5: V.V. UNNIKRISHNAN, KRISHNA GIRI, BEYPORE NORTH P.O., KOZHIKODE. *ADDL. R5 IS IMPLEADED AS PER ORDER DATED 10/02/2011 IN I.A.2305/2011. R1 TO 3 BY GOVT. PLEADER SMT.NISHA BOSE. R4 BY ADV. SRI.V.RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.31357 Of 2010 ----------------------------------------------------- DATED THIS THE 10th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioners, except the 2nd petitioner, are working as LPSAs and the 2nd petitioner is working as UPSA in the school managed by the 4th respondent. They have been appointed as per Exhibits P1, P5, P9 and P11 and Exhibits P2 to P4 are the orders in respect of rejection of approval of the 1st petitioner. Exhibits P6, P7 and P8 are the orders rejecting the approval of appointment and the orders passed in the appeal and in revision relating to the 2nd petitioner. Similar orders have been passed in respect of other petitioners also. The approvals were declined on the ground that the ban order issued by the Government was in force. 2. The petitioners have produced Exhibit P13 Government Order dated 12.1.2010 lifting the ban order. In these circumstances, they have filed I.A.No.1527/11 seeking for a direction to the respondents to approve the appointment of the petitioners. W.P.(C)No.31357/10 -2- 3. The Manager of the School was the mother of the additional 5th respondent, who died on 12.12.2010. 4. The papers leading to the appointment of the petitioners along with the orders have been returned by the Assistant Educational Officer to the Manager. Therefore, only if the same are re-presented to the AEO along with a declaration as envisaged under Exhibit P13, then alone he will be able to take any decision in the matter. So far, the approval of the new Manager has not been granted also. But, because of the said issue, the rights of the petitioners need not be affected. 5. For enabling the petitioners to get a reconsideration of their applications, the additional 5th respondent will re-present the papers before the Assistant Educational Officer along with a declaration contemplated under Exhibit P13 order. It is made clear that the filing of declaration by the additional 5th respondent and the re-presentation of the papers to the Assistant Educational Officer will not confer any special right on the 5th respondent with regard to the Managership of the school. At the time of consideration of the approval of the Managership, these aspects can be considered by the educational authority concerned W.P.(C)No.31357/10 -3- independently. On such re-presentation the Assistant Educational Officer will take appropriate decision with regard to the approval of appointment of the petitioners. Impugned orders in the Writ Petition are therefore set aside. Appropriate decision will be taken by the Assistant Educational Officer within a period of two months. The Writ petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge