IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24827 of 2008(E) -------------------------- PETITIONER: -------------------- S.SREEJA, H.S.A. (PHYSICAL SCIENCE), C.A. HIGH SCHOOL AYAKKAD, AYAKKAD P.O., PALAKKAD DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE MANAGER, C.A. HIGH SCHOOL AYAKKAD, AYAKKAD P.O., PALAKKAD DISTRICT. BY GOVERNMENT PLEADER ADV. SHRI K.R. SABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 24827 OF 2008 ............................................................................ Dated this the 18th August, 2008 J U D G M E N T The petitioner states that she was appointed as HSA (Physical Science) in the C.A. High School, Ayakkad in an anticipated vacancy under Chapter XXIII Rule 12(b) of the Kerala Education Rules as per the order dated 01.06.2007. The appointment was made ignoring the ban imposed by the Government as per Ext. P1 Government Order. It is stated that another regular vacancy of HSA (Physical Science ) arose in the C.A. High Schol, Ayakkad due to the promotion of one K.K. Jayasree as Headmistress on 01.06.2007. It is stated that the promotion and appointment of Smt. Jayasree was approved with effect from 01.06.2007. The Manager shifted the petitioner to the regular vacancy of HSA (Physical Science) which arose due to the promotion of Smt. K.K. Jayasree as per Ext. P3 proceedings dated 01.06.2007. Ext.P4 appointment order dated 01.06.2007 was also issued in Form No.27. Exts. P3 and P4 were forwarded to the District Educational Officer, Palakkad for approval. The third respondent, the District Educational Officer, rejected the appointment of the petitioner as per Ext. P5 order dated 21.01.2008. The reason stated for rejecting the proposal for approval is that shifting of the petitioner to the regular vacancy could be done by the Manager only after the W.P.(C) No. 24827 OF 2008 2 approval of appointment of the petitioner. The petitioner contends that the reason stated in Ext. P5 is not a correct one. Though the Manager had filed an appeal before the Deputy Director of Education, Palakkad challenging Ext.P5 order of the District Educational Officer, it was dismissed as per Ext. P6 order dated 20.06.2008. Challenging Ext. P6 order, the petitioner filed Ext.P7 revision under Rule 8-A of Chapter XIV A of KER before the Director of Public Instruction. Ext. P7 is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “(a) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts. P5 and P6 and quashing the same. (b) issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to3 to approve the appointment of the petitioner on the basis of Ext.P4 forthwith. (c) issue a writ of mandamus or other appropriate writ, order or direction directing the first respondent to consider and pass orders on Ext. P7 revision petition filed by the petitioner forthwith. (d) issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.” 3. Learned counsel for the petitioner submits that for the present, the petitioner would be satisfied if relief (c) is granted. Learned Government Pleader submitted that Ext. P7 revision would be disposed of by the Director of Public Instruction within a period of two months. W.P.(C) No. 24827 OF 2008 3 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. P7 revision dated 21.07.2008 filed by the petitioner as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner and the Manager. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction without delay. iii) The petitioner shall send a copy of the judgment by registered post to the fourth respondent, the Manager, and shall produce proof of the same before the Director of Public Instruction. iv) It is made clear that the parties would be entitled to produce such other documents and materials as are relevant before the Director of Public Instruction. K.T. SANKARAN, JUDGE. lk