IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10149 of 2009(K) --------------------------------------- PETITIONER: ------------------- SREEKALA.S., HEADMISTRESS, V.T.M UPPER PRIMARY SCHOOL, MANNADY P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.S.MUHAMMED HANEEFF. RESPONDENTS: ------------------------ 1. THE MANAGER, V.T.M.UPPER PRIMARY SCHOOL, MANNADY P.O., PATHANAMTHITTA DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, ADOOR. 3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. R.GEETHAKUMARY, TEACHER-IN-CHARGE, V.T.M UPPER PRIMARY SCHOOL, MANNADI P.O., PATHANAMTHITTA DISTRICT, RESIDING AT PAZHAYAKALAYIL, MANNADY P.O., PATHANAMTHITTA DISTRICT. R2 TO R5 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.10149 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. S.Muhammed Haneef, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 2 to 5. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 1 and 6. 2. The petitioner was appointed as Headmaster with effect from 1.1.2008 in the first respondent's school. The sixth respondent objected to the said appointment. The Assistant Educational Officer accepted the sixth respondent's objection and issued Ext.P3 order dated 17.3.2008 declining to approve the appointment of the petitioner. The Assistant Educational Officer also held that the sixth respondent is the rightful claimant. The petitioner challenged Ext.P3 in appeal before the Deputy Director of Education, who by Ext.P4 order dated 15.7.2008 set aside Ext.P3 and directed the Assistant Educational Officer to approve the petitioner's appointment as Headmaster with effect from 1.1.2008. The sixth respondent carried the matter in revision before the Director of Public Instruction, who by Ext.P5 order passed on 17.2.2009 set aside Ext.P4 and restored Ext.P3. The petitioner has aggrieved thereby filed Ext.P6 revision petition before the Government under Rule 92 of Chapter WP(C) 10149/09 -: 2 :- XIV A of the Kerala Education Rules, hereinafter referred to as the “KER” for short. In this Writ Petition, the petitioner challenges Ext.P5 and also seeks a direction to the State Government to consider and pass orders on Ext.P6 revision petition within a time limit to be fixed by this Court. 3. The issue involved in the case on hand relates to appointment to the post of Headmaster. The original authority declined to approve the petitioner's appointment. On appeal filed by the petitioner, the appellate authority decided in her favour. The revisional authority reversed the appellate order and restored the original order. The petitioner has aggrieved thereby moved the Government in revision under Rule 92 of Chapter XIV A of the KER. Since the petitioner has invoked the revisional jurisdiction of the Government, I am of the opinion that it would be premature for this Court to pass final orders at this stage. I accordingly dispose of this Writ Petition with a direction to the Government to consider Ext.P6 revision petition and pass orders thereon after notice to and affording the petitioner and respondents 1 and 6 a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.Ravindran, Judge. ess