IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37836 of 2008(D) -------------------------- PETITIONER(S): ------------------ K.NAMEEL, PHYSICAL EDUCATION TEACHER, A.M.H.S., POOVAMBAYI, KINALUR POST, KOZHIKODE DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY. 4. THE MANAGER, A.M.H.S., POOVAMBAYI, KINALUR POST, KOZHIKODE DISTRICT. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 37836 OF 2008 (D) ==================== Dated this the 19th day of December, 2008 J U D G M E N T Approval of the petitioner's appointment as Physical Education Teacher in the school of which the 4th respondent is the Manager was turned down by Ext.P4. The reason stated is the interim order that was passed by this Court on 1/6/2005 in WP(C) No.15969/03. Petitioner has produced as Ext.P5, judgment dated 27/11/2008, dismissing the said writ petition. If that be so, the reason on the basis of which Ext.P4 was issued no longer survives. In view of the disposal of the writ petition, according to the petitioner, though he moved the 3rd respondent, the 3rd respondent expressed helplessness and therefore, he moved the 1st respondent by filing Ext.P6. Even as Ext.P6 was not responded, the writ petition has been filed. 2. As already noticed, the only reason stated in Ext.P4 for declining approval of the appointment of the petitioner was the pendency of the writ petition, which has now been dismissed by Ext.P5 judgment. If that be so, there is no reason why fresh orders shall not be passed on the proposal filed by the Manager seeking approval of the petitioner's appointment which resulted in Ext.P4. WPC 37836/08 :2 : 3. Therefore, I dispose of this writ petition directing that the Deputy Director shall reconsider the matter in the light of Ext.P5 judgment rendered by this Court and pass fresh orders in this matter. To enable the Deputy Director to reconsider the matter as above, I quash Ext.P4. Revised orders shall be passed, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp