IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 21025 of 2010(C) -------------------------- PETITIONER(S): --------------- JINU C.JACOB, D/O.C.P.YACOB, CHENAYAPALLIL HOUSE, PULINTHAANAM P.O.-686671, ERNAKULAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY SMT.MERIL MUTHU P.JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, EDUCATION DIRECTORATE, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT EDUCATIONAL OFFICER, DEO OFFICE, MUVATTUPUZHA 696661. 4. THE DEPUTY DIRECTOR EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, ERNAKULAM COCHIN-30. 5. THE MANAGER, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL AND TTI, VADAKARA, OLIYAPURAM P.O KOOTHATTUKULAM-688539. 6. HEADMASTER, ST.JOHN'S SYRIAN HIGH SCHOOL, VADAKARA, OLIYAPURAM P.O. KOOTHATTUKULAM-688539. BY G.P.SRI.SANDESH RAJA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21025 of 2010 ---------------------------------------- Dated 19th July, 2010 JUDGMENT The petitioner was appointed as Upper Primary School Assistant in St. John's High School, Vadakara as per Ext.P1 order of the 5th respondent. As per Ext.P2, the third respondent declined to approve the said appointment. Evidently, pendency of the managerial dispute alone was the reason assigned for declining approval of the said appointment. The appeal preferred by the petitioner against Ext.P2 was rejected by the 4th respondent as per Ext.P3. Ultimately, the said matter was taken up before the Government as per Ext.P7. The contention of the petitioner is that in the light of Rule 9 of Chapter XIV-A of the Kerala Education Rules the managerial dispute shall not affect the approval of appointment in case the appointment is otherwise in order. In fact, the petitioner has taken up such contentions in Ext.P7. Pursuant to Ext.P7, the first respondent called for a report from the second respondent. However, Ext.P7 is still pending before the first respondent. Admittedly, Ext.P7 is pending before the first respondent. In the light of Rule 9 of Chapter XIV-A of the Kerala Education Rules, the dispute regarding the management of a school cannot be a reason WP(C).No.21025/2010 2 for not approving the appointment of a teacher if that appointment is otherwise in order. In such circumstances, there is no reason for delaying consideration of Ext.P7 any further. Therefore, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P7 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment, with notice to the petitioner and the 5th respondent. C.T.RAVIKUMAR Judge TKS