IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 22610 of 2011(A) -------------------------------- PETITIONER: -------------- MERVIN T. VINCENT HIGH SCHOOL ASSISTANT(ENGLISH) C.A. HIGH SCHOOL,COYALMANNAM,PALAKKAD RESIDING AT THECKANATH HOUSE,EDATHIRUTHY, THRISSUR DISTRICT. BY ADVS. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENTS: ------------------ 1. THE HEADMISTRESS, C.A.HIGH SCHOOL,COYALMANNAM, PALAKKAD – 678 701. 2. THE MANAGER,C.A.HIGH SCHOOL, COYALMANNAM,PALAKKAD– 678 701. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD– 678 001. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM – 695 001. BY ADV. SRI.RAJESH SIVARAMANKUTTY FOR R1 SRI.JIJO PAUL SMT. M.T. SHEEBA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.22610/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 1.6.10 ISSUED BY R2 MANAGER OF the SCHOOL. EXT. P2 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R3 ON 10.8.11. EXT. P3 : COPY OF REPRESENTATION DTD. 28.9.11 SUBMITTED BY PETITIONER BEFORE R3. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22610 OF 2011 --------------------------------------- Dated this the 13th day of October, 2011. J U D G M E N T This writ petition is filed by the petitioner, working as High School Assistant (English) in the school managed by the 2nd respondent, mainly seeking for a direction to the respondents 1 and 2 not to prevent the petitioner from attending the classes and marking the attendance. The 2nd prayer in the writ petition is for a direction to the District Educational Officer namely, the 3rd respondent to consider the petitioner's complaint and take a decision after hearing all the parties concerned. 2. The petitioner was appointed in the school on 01.06.2010 as H.S.A (English). The appointment is yet to be approved. It appears that from 10th August 2011 onwards, the Headmistress was not permitting the petitioner to sign the attendance register on the plea that the Manager has instructed not to permit the petitioner to sign the same. It is in that context, this writ petition was filed. W.P.(C) No.22610/2011 2 3. By interim order dated 22.08.2011, this Court directed the 2nd respondent not to appoint any fresh hand to the post of H.S.A (English). After service of notice to the Manager, it was reported before this Court by the learned counsel appearing for the Manager that the petitioner is being permitted to attend duties and take classes and mark the attendance from 12.09.2011. 4. Learned counsel for the petitioner submitted that the petitioner has already approached the District Educational Officer by filing Ext.P3 representation. Evidently, the appointment is yet to be approved and all the aspects have to be considered by the District Educational Officer. 5. Learned counsel for the Manager submitted that the Headmistress was instructed not to allow the petitioner to sign the attendance register as the Manager received various complaints from students with regard to the performance of the petitioner as Teacher and that has prompted the Manager to do the same and after the filing of the writ petition, the petitioner has been allowed, as already noticed, to mark the attendance W.P.(C) No.22610/2011 3 from 12.09.2011. This Court at this stage need not go into the disputes inter se between the parties since the petitioner has already approached the District Educational Officer. Therefore, appropriate decision will be taken by the District Educational Officer on the proposal for approval of appointment of the petitioner and with regard to the representation Ext.P3 filed by the petitioner, after notice to the Manager and the Headmistress, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp