IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 20488 of 2008(L) -------------------------- PETITIONER: ------------------- MARY.P.KURIAN, UPPER PRIMARY SCHOOL ASSISTANT, W/O.JOSE.P.JOSEPH, AGED 35 YEARS, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, KOOTHATTUKULAM 686 679. BY ADV. SRI.V.A.MUHAMMED ADV. SRI.K.E.HAMZA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM, KOCHI-30. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT. 5. THE MANAGER, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, KOOTHATTUKULAM 686 679 6. THE PRINCIPAL, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, KOOTHATTUKULAM 686 679 BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20488 OF 2008 ............................................................................ Dated this the 15th July, 2008 J U D G M E N T The petitioner was appointed as U.P.S.A. in the St. John Syrian Higher Secondary School, Vadakara, Koothattukulam as per Ext. P3 appointment order. It is stated that the petitioner commenced her service as U.P.S.A. from 25.07.2006 onwards.. Proposals were made by the Manager to the Educational Officer to approve the appointment of the petitioner as U.P.S.A.. As per Ext. P4 dated 06.06.2007, the District Educational Officer, Muvattupuzha rejected the proposal for approval. On appeal by the Manager, the Deputy Director of Education, Ernakulam by Ext. P5 order dated 03.10.2007 confirmed the order passed by the District Educational Officer, Muvattupuzha. Challenging the order of the District Educational Officer, the petitioner filed Ext. P6 appeal dated 03.04.2008 before the Director of Public Instruction. Ext.P6 is pending disposal. 2. It would appear that there is a management dispute between two persons which led to W.P.(C) No.1811 of 2007 and W.A.No. 2515 of 2007. The petitioner is not a party in the Writ Petition and the Writ Appeal. 3. The reliefs prayed for in the Writ Petition are the following: (a) Call for the records relating to Exhibits P-4 and P-5 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. W.P.(C) No. 20488 OF 2008 2 (b) Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to approve the appointment of the petitioner in the premises of Exhibit P-7. (c) Issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to effectively consider and pass appropriate orders upon Exhibit P-6 after affording an opportunity of being heard to the Petitioner within a time limit, keeping in abeyance all proceedings in furtherance of Exhibits P-4 and P-5 including termination of service of the Petitioner in the while. (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. “ 4. Learned counsel for the petitioner submitted that for the time being, a direction to dispose of Ext. P6 appeal would serve the purpose, reserving the right of the petitioner to pursue other remedies at the appropriate stage. Learned Government Pleader, on instruction, submitted that Ext. P6 appeal can be directed to be disposed of. 5. In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to respondent Nos. 5 and 6, viz., the Manager and the Principal of the School. Government Pleader takes notice for respondent Nos. 1 to 4. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The Director of Public Instruction shall dispose of Ext. P6 appeal as expeditiously as possible and at any rate, within a period of two months, after affording W.P.(C) No. 20488 OF 2008 3 an opportunity of being heard to the petitioner, the principal of the school and also the persons who put forward the rival claims for managership. ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the Director of Public Instruction. iii) The parties would be entitled to produce such other materials and documents , as are relevant, before the Director of Public Instruction. iv) The petitioner shall send copy of the judgment to respondents 5 and 6 separately and shall produce proof of the same before the Director of Public Instruction. K.T. SANKARAN, JUDGE. lk