IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23571 of 2009(N) -------------------------- PETITIONER(S): --------------- JYOMI GOERGE, W/O. BOSE V. FRANCIS, RESIDING AT ELIPPULIKKATTU HOUSE, PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DIST. HSA (ENGLISH) THOMAPURAM HIGHER SECONDARY SCHOOL, THMAPURAM. BY ADV. SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATION OFFICER, KANHANGAD, LAKSHMI NAGAR, KANHANGAD.P.O., KASARAGOD DIST. 671315. 2. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD, CIVIL STATION, POST VIDYANAGAR, KASARAGOD-671123. 3. THE SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 4. THE MANAGER, THOMAPURAM HIGHER SECONDARY SCHOOL, P.O.CHITTARIKKAL KASARAGOD-671326. BY SRI. A.J. VARGHESE, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 23571 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 J U D G M E N T The petitioner was appointed a HSA(English) in the 4th respondent's School as per Ext.P1 Order dated 16.6.2008 in a vacancy which arose due to the transfer of Smt. Thresa Joseph. 2. So far the approval of the appointment has not been granted by the 1st respondent. It is the apprehension of the petitioner that the 1st respondent is not taking any action in the light of the Ext.P2 (G.O.(P)No.104/2008/G.Edn. Dated, 10.6.2008). 3. The petitioner is relying upon the decision in UNNINARYANAN VS. STATE OF KERALA (2009(2)KLT 604). This court held therein that the Circular cannot override the provisions of the statute and the relevant rules. Accordingly directions have been issued to the Educational authorities to pass orders on the applications for approval of teachers. WPC. No. 23571 OF 2009 : 2 : The petitioner seeks for a direction to the 1st respondent to take a decision regarding the approval of the appointment made as per Ext.P1. There will be a direction to the 1st respondent to take a decision regarding the approval of the appointment of the petitioner within six weeks of the date of receipt of a copy of this judgment in the light of the decision rendered by this Court in 2009 (2)KLT 604. The petitioner will make available a copy of the said judgment to the DEO. No Costs. ( T.R.RAMACHANDRAN NAIR, JUDGE) jma