IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 14488 of 2011(I) ------------------------ PETITIONER : -------------------- SMT.SHILAJA.S, W/O.P.RAJENDRAN PRASAD, AGED 48 YEARS, H.S.A (MALAYALAM), MSMHSS, CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, RESIDING AT PRASANTHI, AMBAZHA VAYAL, PANAYAM PO, KOLLAM. BY ADV. SRI. C. UNNIKRISHNAN (KOLLAM) RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN 691 001. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN 691 014. 3. THE DISTRICT EDUCATION OFFICER, KOLLAM, PIN 691 014. 4. THE MANAGER, M.S.M.H.S.S., CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN 691 014. 5. THE HEAD MASTER, M.S.M.H.S.S., CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN 691 014. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 14488 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER DATED 11.06.1985. EXT.P2 : COPY OF THE APPOINTMENT ORDER DATED 9.9.85 CONTAINING APPROVAL OF THE DEPARTMENT ISSUED BY THE MANAGER. EXT.P3 : COPY OF THE LETTER DATED 8.2.2011 OF THE MANAGER TO THE D.E.O. EXT.P4 : COPY OF THE LETTER NO. B4/4687/10 DATED 23.2.2011 ISSUED BY THE D.E.O TO THE GOVERNMENT. EXT.P5 : COPY OF THE LETTER NO. 11230/E3/2011/G.EDN. DATED 11.4.2011 ISSUED BY THE GOVERNMENT TO THE D.E.O. EXT.P6 : COPY OF THE G.O.(P) NO. 220/05/G.EDN. DATED 19.7.2005. EXT.P7 : COPY OF THE G.O.(P) NO. 165/08/G.EDN. DATED 19.9.2008. EXT.P8 : COPY OF THE G.O.(P) NO. 160/09/G.EDN. DATED 4.8.2009. EXT.P9 : COPY OF THE REPRESENTATION DATED 20.5.2011 PREFERRED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.14488 Of 2011-I -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner is working as High School Assistant (Malayalam) in the school managed by the 4th respondent. 2. The grievance raised is against Exhibit P5 communication, whereby the Government informed the District Educational Officer by a letter that the petitioner is not liable to be appointed as High School Assistant(Malayalam) as she lacks the prescribed qualification for HSA(Malayalam). 3. The petitioner's qualification as evident from Exhibit P4 communication by the District Educational Officer is B.A.Degree with Malayalam Language and Literature as main subject and B.Ed.Degree from University of Mysore with English and History as optional subjects. The petitioner was originally working as an Upper Primary School Assistant. An objection is taken that B.Ed. is not in the concerned subject. 4. The learned counsel for the petitioner points out that relaxation has been given to High School Assistants for core W.P.(C)No.14488/11 -2- subjects as evident from Exhibit P7. In this Writ Petition, the petitioner seeks for a direction to the Government to consider Exhibit P9 within a time frame. It is also pointed out that Exhibit P5 was issued without notice to the petitioner. 5. The Government will consider and pass orders on Exhibit P9 within a period of five months from the date of receipt of a copy of this judgment. 6. This Court had passed an interim order on 30.5.2011 to the effect that if the petitioner has not been reverted already there will be a stay of the proceedings. It is pointed out that the petitioner has not been reverted. Therefore, the interim order granted by this Court staying the reversion, will continue till orders are passed on Exhibit P9 representation. The Writ Petition is accordingly disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn