IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 25682 of 2011(I) -------------------------------------- PETITIONER(S): ----------------------- MINIMOLE. M., HEADMISTRESS, LMLPS (LUTHERAN MISSION LOWER PRIMARY SCHOOL), CHULLIMANNOOR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE, SMT.MINI GOPINATH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM DISTRICT- 695 101. 4. THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT- 695 541. 5. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS C.L.H.S.S. COMPOUND, PEOORKADA, THIRUVANANTHAPURAM – 695 005. 6. P. GEETHA, HEADMISTRESS, LMLPS, (LUTHERAN MISSION LOWER PRIMARY SCHOOLS), MUHAMMA, ALAPPUZHA DISTRICT – 688 525. 7. SRI.ANIL JOSE, LPSA, CONCORDIA LUTHERAN UPPER PRIMARY SCHOOL, PEROORKADA, THIRUVANANTHAPURAM – 695 005. R1 TO R4 BY SR. GOVT. PLEADER MR.M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 25682 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE APPOINTMENT ORDER NO.388/90 DATED 19.11.1990 OF THE PETITIONER. EXT.P-2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.1992 ISSUED BY THE 5TH RESPONDENT. EXT.P-3 TRUE COPY OF THE ACCOUNT TEST (LOWER) CERTIFICATE OF THE PETITIONER DATED 18.2.2005. EXT.P-4 TRUE COPY OF THE ACCOUNT TEST (HIGHER) CERTIFICATE OF THE PETITIONER DATED 25.2.2006. EXT.P-5 TRUE COPY OF THE APPOINTMENT ORDER NO.38/07(2) DATED 31.5.2007 OF THE 5TH RESPONDENT. EXT.P-6 TRUE COPY OF THE LETTER DATED 22.12.07 SUBMITTED BY SMT.JAYAKUMARI TO THE 5TH RESPONDENT. EXT.P-7 TRUE COPY OF THE SENIORITY LIST OF TEACHER UNDER THE LUTHERAN MANAGEMENT APPROVED BY THE 2ND RESPONDENT. EXT.P-8 TRUE COPY OF THE COMMUNICATION DATED 10.8.2011 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P-9 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO EXHIBIT P8, DATED 27-8-11. EXT.P-10 TRUE COPY OF THE APPEAL MEMORANDUM DATED 17/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P-10(a) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P10. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25682 of 2011-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of October, 2011. JUDGMENT The petitioner is the Headmistress of L.M. L.P. School, Chullimanoor, Thiruvananthapuram which is managed by the fifth respondent. She is aggrieved by Ext.P8 show cause notice issued by the Manager proposing to revert her as L.P.S.A., since she is the juniormost in the cadre of Headmistress. During the course of the hearing of the writ petition, learned counsel for the Manager submitted that the appointment of the sixth respondent has already been approved. Learned counsel for the petitioner contends that the sixth respondent was not qualified. 2. Along with I.A. No.17002/2011, the petitioner has produced Ext.P10 appeal filed before the Director of Public Instruction, challenging the approval granted in favour of the sixth respondent. Learned counsel for the petitioner prayed that the second respondent may be directed to dispose of the appeal within a time frame. 3. There will be a direction to the second respondent to consider and pass orders on Ext.P10 appeal after hearing the petitioner and respondents 5 and 6, within a period of six weeks from the date of receipt of a copy of this wpc 25682/2011 2 judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/