IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 31363 of 2010(U) -------------------------- PETITIONER(S): --------------- U.SHANIBA, AGED 29 YEARS, W/O. ANWAR SADATH.E., HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), GIRLS HIGH SCHOOL, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL SECRETARY, GENERAL EDUCATION, GOVT. OF KERALA, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT-676505. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT-676505. 5. THE MANAGER, GIRLS HIGH SCHOOL, PONNANI,MALAPPURAM DISTRICT-676505. 6. KRISHNA KUMARI.C., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE) GIRLS HIGH SCHOOL, PONNANI,MALAPPURAM DISTRICT-676505. ADV. SRI.K.JAJU BABU FOR R5 SMT.M.U.VIJAYALAKSHMI FOR R5 SRI.V.A.MUHAMMED FOR R6 SRI.M.R.HARI FOR R6 BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31363 OF 2010 ------------------------------ Dated this the 26th day of November, 2010 JUDGMENT The petitioner was appointed as HSA (PS) in Girls High School, Ponnani on 2.6.2008. The 6th respondent was appointed as HSA(SS) on 5.6.2002. As per the staff fixation for 2008-2009, one post of HSA was reduced. Therefore, the District Educational Officer did not approve the appointment of the petitioner. On appeal, the Deputy Director passed Ext.P5 order dated 28.4.2010. It was held by the Deputy Director that applying the subject requirement ratio, the petitioner could be retained. It was also held that applying 1:40 teacher - student ratio, the 6th respondent also could be retained. Aggrieved by Ext.P5 order, the 6th respondent filed an appeal before the Director of Public Instruction, who passed Ext.P6 order dated 9.9.2010 holding that the approval granted to the petitioner was illegal. It was also held that the 6th respondent could be retained. W.P.(C).No.31363 OF 2010 2 Aggrieved by Ext.P6 order, the petitioner filed Ext.P7 revision dated 25th September, 2010 before the Government. Ext.P7 is pending disposal. Along with Ext.P7 revision, the petitioner also filed a stay petition before the Government. 2. The only relief sought for in the Writ Petition is to direct the first respondent to dispose of Ext.P7 expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P7 revision, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager and the 6th respondent. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms