IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19175 of 2008(G) -------------------------- PETITIONER: V.S.INDU, AGED 27 YEARS, W/O.P.S.BIJU, H.S.A, (ENG), MUSLIM HIGH SCHOOL FOR BOYS, KANIYAPURAM,THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. 4. THE MANAGER, MUSLIM HIGH SCHOOL FOR BOYS AND GIRLS, KANIYAPURAM, THIRUVANANTHAPURAM. BY SRI. T.T.MUHAMMED, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN COME UP FOR ADMISSION ON 25/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ WP(C). No. 19175 of 2008 ------------------------------ Dated this the 25th day of June, 2008 JUDGMENT In the manner which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to 4th Respondent, the Manager. Government pleader takes notice to respondents 1 to 3. 2. According to the petitioner, she was appointed as U.P.S.A in Muslim H.S for boys, Kaniyapuram, Thiruvananthapuram for the period from 23/11/2004 to 31/03/2005. The appointment was approved by the controlling officer. The petitioner claims, she is entitled to the benefit of Rule 51 A of chapter XIV A of Kerala Education Rules. It is also stated in the Writ petition that several vacancies arose in the school. It is also stated that there is a management dispute concerning the management of the school. As per the judgment dated 8/08/2007 in W.P(C) 23340/2007 filed by the petitioner, this Court directed the management to appoint the petitioner, if she is a rightful claimant under Rule 51 A and if there is a vacancy. The Manger appointed the petitioner accordingly for the period from 3/10/2007 onwards. The WP(C). No. 19175 / 2008 Page numbers D.E.O rejected the request for approval of the appointment on the ground that the Manager overlooked the claim of Smt. Vinitha as a claimant under Rule 43 Chapter XIV A KER and also on the ground that the petitioner does not have the requisite qualification. The order passed by the D.E.O dated 25/03/2008 is produced and marked as Exhibit P2. 3. The contention of the petitioner is that the reasons stated in Exhibit P2 for rejection of approval of the appointment are unsustainable. Against Exhibit P2 order, the Manager of the school has filed Exhibit P7 appeal and the petitioner has filed Exhibit P8 appeal before the second respondent, the Deputy Director of Education, Thiruvananthapuram. Exhibits P7 and P8 are pending disposal. 4. The reliefs prayed for in the Writ Petition are the following:- a. Call for the records relating to Ext. P2 and quash the original of the same by the issuance of Writ of Certiorari or other appropriate Writ or order. WP(C). No. 19175 / 2008 Page numbers b. Issue a Writ of mandamus or other appropriate Writ order or direction commanding the 3rd respondents to approve the appointment of the petitioner as H.S.A with effect from 3/10/2007 onwards and disburse salary and allowances to the petitioner forthwith. c. Direct the 2nd respondent to effectively consider and pass appropriate orders upon Ext P7 & P8 after affording an opportunity of being heard to the petitioner within a time limit. d. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. 5. The learned counsel for the petitioner submitted that petitioner confines his reliefs to relief 'c' for the time being. Exhibits P7 and P8 require to be disposed of by the second respondent. In the facts and circumstances, the Writ Petition is disposed of in the following manner:- WP(C). No. 19175 / 2008 Page numbers The Deputy Director of Education, Thiruvananthapuram shall consider the dispose of Exhibits P7 and P8 appeals as expeditiously as possible and at any rate within a period of 2 months from the date of receipt of copy of the judgment, after affording an opportunity of being heard to the petitioner, Manager of the school, Smt. Vinitha V.N. and any other party who is likely to be affected. K.T.SANKARAN, JUDGE scm WP(C). No. 19175 / 2008 Page numbers