IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 30979 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------ FOUSIA V., AGED 29 YEARS, W/O.YOUSEF, H.S.A.(MATHEMATICS), M.E.S.HIGHER SECONDARY SCHOOL, PONNANI, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT.PIN-676 101 2. DY.DIRECTOR OF EDUCATION, MALAPPURAM.PIN-676 505 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.PIN-695 001 4. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.695 001 5. CORPORATE MANAGER, M.E.S.HIGHER SECONDARY SCHOOL, PONNANI, MALAPPURAM.PIN-676 505 R1 TO R4 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30979/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PETITIONER'S APPOINTMENT ORDER DATED 1/9/2004. P2 COPY OF THE ORDER OF THE D.E.O., TIRUR DATED 29/10/2004 REJECTING APPROVAL OF THE APPOINTMENT OF THE PETITIONER. P3 COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM REJECTING APPROVAL OF THE PETITIONER'S APPOINTMENT. P4 COPY OF THE ORDER DATED 7/4/2006 OF THE DIRECTOR OF PUBLIC INSTRUCTION REJECTING APPROVAL OF THE PETITIONER'S APPOINTMENT. P5 COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE GOVERNMENT. P6 COPY OF THE GOVERNMENT ORDER G.O.(RT)5276/2007/G.EDN DATED 13/11/2007 P7 COPY OF THE GOVERNMENT ORDER G.O.(RT) 2526/2008/G.EDN DATED 3/6/2008. P8 COPY OF THE INFORMATION OBTAINED ON 27/7/2010 FROM THE D.E.O.'S OFFICE UNDER THE RIGHT TO INFORMATION ACT. P9 COPY OF THE ORDER DATED 21/11/06. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30979/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner who is working as High School Assistant (Mathematics) in the M.E.S.Higher Secondary School, Ponnani under the fifth respondent is aggrieved by Ext.P7 whereby the Government has granted approval only with effect from 01/12/2006, the date on which a protected teacher was absorbed in another school, namely, M.E.S.H.S.S., Irimbiliyam under the same management. The school herein is situated within Tirur Educational District. 2. It is pointed out by the learned counsel for the petitioner that even going by the contents of Ext.P7 it can be seen that the availability of a protected teacher was only in Malappuram Revenue District. It is therefore pointed out that the non approval of the appointment of the petitioner from 01/09/2004 to 30/11/2006 cannot be justified. Reliance is placed on Moosakutty v. D.E.O, Wandoor [2009 (3) KLT 863] wherein this Court considered a similar question, and the obligation of the Manager under the relevant Rule was examined. It is pointed out that the Judgment has become final as the Writ Appeal against the same and the Special Leave Petition W.P.(C). No.30979/2010 -:2:- from it has been dismissed. The learned counsel for the petitioner therefore prayed for a direction to the Government to reconsider the matter afresh in the light of the dictum laid down by the same Judgment. 3. In that view of the matter, Ext.P7 to the extent to which the approval is granted with effect from 01/12/2006 is quashed and on other respects the order is not interfered with. The appeals filed by the petitioner as well as the Manager dated 11/11/2007 and 01/01/2008 will be disposed of by the Government afresh in the light of the dictum laid down by this Court in Moosakutty's case [2009 (3) KLT 863] and the parties will be re- heard and appropriate decision will be taken within five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms