IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10943 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------ RENJITH GOPI, S/O.K.G. GOPI, AGED 26 YEARS, HIGH SCHOOL ASSISTANT (MALAYALAM) S.N.D.P HIGHER SECONDARY SCHOOL, KUTTAMANGALAM, ALAPPUZHA - 688 501. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD AT RAMANKARY, ALAPPUZHA DISTRICT. 5. THE MANAGER, S.N.D.P HIGHER SECONDARY SCHOOL, KUTTAMANGALAM, ALAPPUZHA DISTRICT - 688 501. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10943 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The fifth respondent Manager appointed the petitioner as High School Assistant (Malayalam) against a retirement vacancy that arose on 31.3.2006 as per Ext.P1 appointment order dated 5.6.2006. The District Educational Officer declined to approve the said appointment by Ext.P2 order dated 25.8.2006. The Manager carried the matter in appeal. By Ext.P4 order passed on 29.11.2006, the Deputy Director of Education, Alappuzha rejected the appeal. The Manager thereupon moved the Director of Public Instruction in revision. By Ext.P6 order passed on 18.4.2007, the revision petition was dismissed. The Manager thereafter moved the Government by filing Ext.P7 revision under Rule 92 of Chapter XIV A of the Kerala Education Rules. That revision petition was heard on 17.7.2008 by the Under Secretary to Government, General Education Department. The petitioner submits that till date WP(C).No.10943/2009 2 orders had not been passed on Ext.P7 though a hearing was held on 17.7.2008. 3. The petitioner also states that the main reason for not approving his appointment was that the Manager had not appointed a protected teacher. The petitioner further submits that though the Manager appointed a protected teacher by Ext.P10 order dated 29.5.2007, the said teacher did not accept the appointment and that Ext.P11 letter sent by the Deputy Director of Education, Alappuzha to the District Educational Officer, Kuttanad would show that there are no protected teachers in Alappuzha District in the category of H.S.A. (Malayalam). The petitioner also submits that the Government have in Ext.P17 letter dated 27.2.2009 addressed to the Deputy Director of Education, Alappuzha requested that officer to report whether the school where the petitioner was appointed is a newly opened/upgraded school and also whether there any protected hand was available for appointment as H.S.A. (Malayalam) when the petitioner was appointed. 4. The pleadings and the materials disclose that Ext.P7 revision petition filed by the Manager challenging Exts.P2, P4 and P6 orders passed by the subordinate Educational Officers declining to approve the petitioner's appointment is pending before the State Government. The petitioner was appointed on 5.6.2006. Nearly three years have passed thereafter. Ext.P8 discloses that the revision WP(C).No.10943/2009 3 petition was once heard on 17.7.2008. Ext.P17 letter discloses that the revision petition has not been disposed of for the reason that, the details regarding availability of protected teachers has not been furnished by the Deputy Director of Education, Alappuzha to the Government. In such circumstances, I am of the opinion the revision petition filed by the Manager has to be disposed of expeditiously. I accordingly dispose of this writ petition with the following directions: The Deputy Director of Education, Alappuzha shall within one month from the date of receipt of a certified copy of this judgment, furnish the details sought by the Government in Ext.P17 letter dated 27.2.2009. The Secretary to Government, General Education Department, shall within two months from the date on which the report is received from the Deputy Director of Education hear the petitioner and the fifth respondent Manager and pass final orders on Ext.P7 revision petition. The petitioner shall in order to enable the Secretary to Government, General Education Department to pass orders as directed above, produce a coy of this writ petition along with a certified copy of the judgment before the said officer. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS