IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WA.No. 706 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.21464/2010 .................... APPELLANT: PETITIONER ------------------------ THE MANAGER, LITTLE FLOWER, HIGH SCHOOL, NJARAKKAL. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM - 681 020. 2. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM - 681 020. GOVERNMENT PLEADER SMT. T.B. RAMANI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. 706/2011 APPENDIX APPELLANT'S ANNEXURES: ANNEXURE-I: TRUE COPY OF THE JUDGMENT DATED 12.4.2011 OF THIS COURT IN W.A. NO. 66 OG 2011. RESPONDENT'S ANNEXURES - NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 706 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This writ appeal is filed against the judgment of the learned Single Judge, dismissing the writ petition as infructuous. 2. The writ petition was filed for a direction to the respondents to consider the approval of appointment of a High School teacher in the appellant's school. According to the appellant, the appointment is made in accordance with the rules against a regular vacancy. There was a dispute about the control of the management which was decided by the learned Single judge against the appellant vide judgment in W.P.(C) 5102 of 2009. Since the decision was against the appellant, the writ petition filed for approval was dismissed as infructuous. However, later, a Division Bench, in W.A. 66 of 2011 reversed the judgment of the learned Single Judge and held the mater in favour of the appellant, based on which the appellant is at present the manager of the school. In the circumstances, a decision on merits in the writ petition is called for. In the normal course, we should have remanded the matter to the learned Single Judge for decision. W.A. 706/2011 2 However, we notice that the prayer in the writ petition is only for a direction to the respondent to consider the appointment of a teacher by the appellant in the school. In the circumstances, we allow the writ appeal by vacating the judgment of the learned Single Judge and allow the writ petition by directing the second respondent to consider approval and appointment of the teacher appointed by the appellant in accordance with the Kerala Education Rules and pass orders within two months from the date of production of a copy of this judgment by the appellant. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-