IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 2377 of 2011(V) -------------------------------- PETITIONER(S): ------------------- SABIRA K., AGED 28 YEARS, D/O.HUSSAIN HAJEE, LOWER PAIMARY SCHOOL ASST., P.M.S.AIDED L.P.SCHOOL, MUTHUPARAMBA, THAVANOOR P.O., MALAPPURAM DISTRICT, AND RESIDING AT KIZHAKKEYIL HOUSE, KOZHI MANNA (VIA), THAVANOOR P.O., MALAPPURAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KIZHISSERI, MALAPPURAM DISTRICT - 676 001. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM- 676 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 5. THE MANAGER, P.M.S. AIDED L.P. SCHOOL, MUTHUPARAMBA, THAVANOOR P.O., MALAPPURAM DISTRICT - 679 579. R4 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 2377/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE MANAGER OF THE SCHOOL. P2: COPY OF ORDER OF THE ASSISTANT EDUCATION OFFICER, KIZHISSERI DATED 08/11/2006 REJCETING APPROVAL OF THE APPOINTMENT OF THE PETITIONER. P3: COPY OF APPEAL AGAINST EXHIBIT P2 FILED BY THE MANAGER BEFORE THE 2ND RESPONDENT. P4: COPY OF ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 09/03/2008. P5: COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 11/03/2008. P6: COPY OF THE REVISION FILED BY THE MANAGER BEFORE THE GOVERNMENT. P7: COPY OF THE ORDER OF THE GOVERNMENT DATED 12/12/2008. P8: COPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 10/01/2011 IN SLP 36558/2010 P9: COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE GOVERNMENT, DATED 15/07/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2377/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of July, 2011 J U D G M E N T The petitioner seeks for a reconsideration of Ext.P7 order passed by the Government. It is a case where the approval of appointment was refused on the plea that protected teacher has not been appointed in the school. 2. The school is in Keezhissery Educational Sub District. It is the case of the petitioner that in the Educational Sub District, no protected teacher was available for appointment. It is thus contended that for the purpose of Sub-rule (viii) of Rule 6 of Chapter V, Kerala Education Rules, the obligation of the Manager was to fill up the post only if there was a protected teacher available in the said educational sub district or educational district. 3. The petitioner was appointed on 28/08/2006. Ext.P6 is the list of protected teachers in Malappuram Revenue District for the year 2006-07. It is pointed out that no protected teachers were available in Keezhissery Educational Sub District. Petitioner relies upon the decision of this Court in Moosakutty v. D.E.O, Wandoor [2009 (3) KLT 863] wherein a similar question was considered and it was held that in the absence of eligible W.P.(C). No.2377/2011 -:2:- protected teacher in the Educational Sub District or Educational District as the case may be, the obligation of the Manager cannot be imposed. The said Judgment has become final and Ext.P8 is the order passed by the Apex Court in the Special Leave Petition No.36558/2010. 4. Learned Government Pleader on getting instructions submitted that protected teachers were not available in the Educational Sub District but protected teachers were available in Malappuram District. Learned counsel for the petitioner submitted that the same is not sufficient. 5. All these matters have to be considered by the Government, especially, in the light of the dictum laid down in Moosakutty's case [2009 (3) KLT 863]. Ext.P7 is hence quashed. In that view of the matter, the writ petition is disposed of directing the Government to reconsider the approval of appointment of the petitioner in the light of Moosakutty's case (supra) and appropriate orders will be passed within a period of four months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the fourth respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms