IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 20931 of 2008(P) ------------------------------------- PETITIONER(S): ------------------------ HEMA V. NAIR, AGED 33 YEARS, D/O.LATE V.V.NAIR, SWARNAMALA HOUSE, ERAVIPEROOR. P.O, THIRUVALLA VIA, PATHANAMTHITTA DISTRICT, NOW RESIDING AT CHERUKARA HOUSE, KALOOPARA P.O, THIRUVALLA. BY MR. SRI.KRB.KAIMAL, SENIOR ADVOCATE BY ADV. MR.R.SANTHOSH BABU MR.B.UNNIKRISHNA KAIMAL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, VANDOOR, MALAPPURAM DISTRICT. 5. THE MANAGER, THACHINGANADAM HIGH SCHOOL, THACHINGANADAM P.O, PERINTHALMANNA, MALAPPURAM DISTRICT. BY GOVT. PLEADER MR.T.T.MUHAMOOD ADV. MR.K.M.SATHYANATHA MENON FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20931 of 2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2009. JUDGMENT The petitioner is a claimant under Rule 51-B of Chapter XIV-A of K.S. & S.S.R., for appointment in the school managed by the 5th respondent. She is the eldest daughter of one Shri Viswanathan Nair, who expired on 5.11.1983 while working as High School Assistant (Mathematics) in Thachinganadam High School, managed by the 5th respondent. She is having the qualification of M.Sc., B.Ed. 2. The petitioner acquired the qualification of M.Sc. in 1997 and B.Ed. in 1998. It is pointed out that even though Ext.P3 application was submitted before the Manager, that was not responded to. The petitioner again submitted a representation before the 4th respondent. Ultimately, the third respondent directed the petitioner to submit documents and copies of qualification certificate to prove her claim, to respondents 4 and 5. Again, she submitted the certificates to respondents 4 and 5 as per Ext.P5 which was served on 8.10.2007 and 15.10.2007 respectively. Since the Manager, without considering her claim, appointed four H.S.A. (Maths), the petitioner has approached this court by filing this writ petition. wpc 20931/2008 2 3. In the interim order dated 11.7.2008, this court directed the respondents not to approve the appointments made as per Exts.P6 to to P9 orders. It is stated that those appointments have not been approved. 4. The Manager has filed a counter affidavit opposing the claim. Obviously, the Manager has not given a reply to the petitioner so far in spite of the direction issued by the Deputy Director of Education in Ext.P4. The petitioner has also submitted Ext.P10 application before the Manager. 5. It is clear that the Manager would have already forwarded the details of appointment made by him to the District Educational Officer for grant of approval. In the light of the above, the District Educational Officer, viz. the 4th respondent will consider the claim raised by the petitioner under Rule 51-B and take a decision on its merits after hearing the petitioner and the 5th respondent. The petitioner has got a case that in the light of the decision of this court in S.N.G.H.S. v. Reji Sagar (2008 (1) KLT 1026), she is liable to be appointed. All these are matters for decision by the District Educational Officer. While passing orders in the matter, the respective contentions of the parties will be looked into by the 4th respondent, District Educational Officer. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The interim order passed by this court will continue till orders wpc 20931/2008 3 are passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/