IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 6278 of 2007(V) ------------------------------------ PETITIONER: ----------------- FOUSIA V., D/O.MAMUKOYA. E., VELUTHEDATH HOUSE, MUNDIKKAL THAZHAM, CALICUT-8. (U.P.S.A., JDT ISLAM HIGHER SECONDARY SCHOOL, VELLIMADUKUNNU, KOZHIKODE.) BY ADV. SRI.R.RAMADAS RESPONDENTS: ----------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE D.P.I. JAGATHY, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 4. THE MANAGER, JDT ISLAM HIGHER SECONDARY SCHOOL, VELLIMADUKUNNU, KOZHIKODE. 5. P.M. MOHAMMED SADIK, H.S.A. JDT ISLAM HIGHER SECONDARY SCHOOL, VELLIMADUKUNNU, KOZHIKODE. 6. STATE OF KERALA, REPRESENTED BY CHEIF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.T.B.REMANI FOR R1, R2,R3 & R6 ADV. SRI.H.B.SHENOY FOR R5 ADV. SMT.LAKSHMI B.SHENOY FOR R5 ADV. SRI.SOBHAN GEORGE FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6278/2007-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(P)NO.220/2005/G. Edn. DATED 19/07/2005. EXT.P2: COPY OF THE REPRESENTATION DATED 02/01/2007 BEFORE THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF THE REPRESENTATION DATED 02/01/2007 BEFORE THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DATED 02/02/2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 19/02/2007 SUBMITED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPY OF THE ORDER DATED 13/04/2007 BY THE 3RD RESPONDENT. EXT.P7: COPY OF THE APPOINTMENT ORDER DATED 19/11/2007 ISSUED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE COVERING LETTER DATED 18/12/2007 ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE D.E.O., KOZHIKODE. EXT.P9: COPY OF THE LETTER DATED 14/10/2006 ISSUED BY THE 2ND RESPODENT TO THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY. EXT.P10: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 04/09/2007. EXT.P11: COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DATED 20/05/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.6278/2007 ----------------------------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Petitioner was appointed as a UPSA in the school of the 4th respondent Manager. In 2002, the petitioner acquired B.A (Malayalam). In so far as the 5th respondent is concerned, she entered service as UPSA on 23.6.2003. In January, 2007, a leave vacancy of HSA in Social Science arose. Petitioner submits that, though she was qualified, overlooking her superior claim and seniority, Manager appointed the 5th respondent relying entirely on Ext.P1 Government Order dated 19.7.2005. It is submitted that approval was rejected by the DEO as per Ext.P6 and appeal was rejected by the Deputy Director. Still further, the 5th respondent filed an appeal to the DPI and that is pending. It is stated that while so a permanent vacancy of HSA arose in WP(C).No.6278/2007 2 June, 2007 and by Ext.P7 the 4th respondent again appointed 5th respondent with effect from 19.11.2007. This appointment has not been approved. Petitioner refers to Ext.P9 and contends that by this order Ext.P5 has already been clarified, reiterating the petitioner's eligibility to have been appointed as HSA in the leave vacancy in January,2007. On this basis, the petitioner contends that she ought to have been appointed in the leave vacancy of January, 2007 and subsequently to the permanent vacancy of June, 2007. In my view, so long as the appeal filed by the 5th respondent is pending before the DPI, the proper course to be adopted is to direct the DPI to consider the appeal filed by the 5th respondent against appellate order confirming Ext.P6. The justifiability of the claim of the petitioner for appointment to the permanent vacancy which arose in June, 2007 will also dependent upon the outcome of such appeal. WP(C).No.6278/2007 3 Therefore, this writ petition will stand disposed of directing that the second respondent shall dispose of the appeal filed by the 5th respondent against the appellate order confirming Ext.P6. This shall be done as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. Needless to say that orders shall be passed only with notice to the petitioner and respondents 4 and 5 and taking into account Ext.P9 and other relevant orders. ANTONY DOMINIC JUDGE vi. WP(C).No.6278/2007 4