IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 17896 of 2008(E) PETITIONER: ------------ ABHINA.N.K., HSA (MATHS), SANSKRIT HIGH SCHOOL, VATTOLI, VADAKARA, KOZHIKODE. BY ADV. SRI.R.K.MURALIDHARAN RESPONDENTS: ------------- 1. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE 2. DISTRICT EDUCATIONAL OFFICER, VADAKARA 5. MANAGER(CORRESPONDENT), SANSKRIT HIGH SCHOOL, VATTOLI BY GOVERNMENT PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17896 OF 2008 E -------------------------------------------- Dated this the 1st July, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the third respondent. Government Pleader takes notice for respondents 1 and 2. 2. The petitioner was appointed as Upper Primary School Assistant, as per Ext.P1 appointment order with effect from 14.6.2006 onwards in the Sanskrit High School, Vattoli, Vadakara, in the vacancy of V.K.Sheji, who was promoted as HSA (Maths). The District Educational Officer rejected the proposal for appointment of the petitioner as UPSA on the ground that the appointment of V.K.Sheji as UPSA and her promotion as HSA (Maths) was not approved as the dispute regarding managership of the School was pending before the Honourable Supreme Court of India. The order passed by the District Educational Officer is marked as Ext.P2. It is stated that the Manager has filed appeal before the Deputy Director of Education challenging Ext.P2 order passed by the District Educational Officer. 3. It is stated that subsequently the Government approved the appointment of V.K.Sheji as UPSA as per Ext.P3 order. However, the W.P.(C) NO.17896 OF 2008 :: 2 :: promotion of V.K.Sheji as HSA (Maths) was rejected on the ground that there was no sanctioned post. Ext.P4 order was passed by the District Educational Officer approving the appointment of V.K.Sheji as UPSA with effect from 9.9.2005. Learned counsel for the petitioner submits that in view of Exts.P3 and P4 orders, the appointment of the petitioner as UPSA is liable to be approved. 4. It is also stated that V.K.Sheji resigned from the post to join Government service with effect from 6.7.2007. It is further claimed by the petitioner that in the vacancy which arose consequent on the resignation of V.K.Sheji, the Manager promoted the petitioner as HSA (Maths) as per Ext.P6 order dated 9.7.2007. The District Educational Officer rejected the proposal for approval of the appointment of the petitioner as HSA (Maths), as per Ext.P7 order dated 12.2.2008, on the following grounds: “1) The appointment of Smt.Abhina N.K. As UPSA is not approved 2) Promotion of Smt.V.K.Sheji as HSA (Maths) and her resignation from the post of HSA (Maths) from 6.7.07 is not approved. 3) S.L.P to appeal No.13615/06 filed by Sri.K.K.Narayanan Vaidyer, former Manager of Sanskrit HS, Vattoli against the election and appointment of present Manager Sri.K.K.Gangadharan is pending before the Hon'ble Supreme Court of India.” W.P.(C) NO.17896 OF 2008 :: 3 :: It is stated that challenging Ext.P7 order, the third respondent Manager has filed Ext.P10 appeal dated 5.4.2008 before the Deputy Director of Education, Kozhikode and that the said appeal is pending disposal. 5. As regards the dispute regarding managership, a Division Bench of this Court in Ext.P8 judgment dated 1.8.2006 considered the rival contentions of the claimants and held that the election of Sri.Gangadharan requires to be recognized as Manager for all purposes. It is stated by the petitioner that her appointment was made by Sri.Gangadharan in his capacity as Manager. Against Ext.P8 judgment, it is stated that an appeal is pending before the Honourable Supreme Court and an order to maintain status quo was passed by the Honourable Supreme Court as per Ext.P9 order. 6. The appeal filed by the Manager against Ext.P2 order rejecting approval of the appointment of the petitioner as UPSA is pending before the Deputy Director of Education. Likewise, the appeal filed by the Manager against Ext.P7 order rejecting the approval of promotion of the petitioner as HSA (Maths) is also pending before the Deputy Director of Education. It is necessary to dispose of the appeals. 7. The reliefs prayed for in the Writ Petition are the following: W.P.(C) NO.17896 OF 2008 :: 4 :: “a) Issue a writ of certiorari or any other appropriate writ order or direction, quashing the original of Ext.P7 order issued by the 2nd respondent or b) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to consider and dispose of Ext.P10 appeal after hearing the parties within a time frame. c) Issue such other orders as this Hon'ble Court may deem fit to grant.” 8. As an interim relief, the petitioner has sought for a direction to the Deputy Director of Education to dispose of the appeal filed by the Manager against Ext.P2 order. Learned counsel for the petitioner submits that, for the time being, the petitioner confines her relief for a direction to dispose of the appeal filed by the Manager against Ext.P2 order as well as for disposal of Ext.P10 appeal filed by the Manager against Ext.P7 order expeditiously. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The Deputy Director of Education, Kozhikode shall dispose of the appeal filed by the Manager of Sanskrit High School, Vattoli, challenging Ext.P2 order dated 2.3.2007, passed by the District Educational Officer, Vadakara, as expeditiously as possible and at any rate, within a period of two months. W.P.(C) NO.17896 OF 2008 :: 5 :: ii) The Deputy Director of Education shall also dispose of Ext.P10 appeal dated 5.4.2008 filed by the Manager of the School challenging Ext.P7 order dated 12.2.2008 passed by the District Educational Officer, as expeditiously as possible and, at any rate, within a period of two months. iii) The Deputy Director of Education shall afford an opportunity of being heard to the petitioner, the Manager of the School as well as to the affected parties, if any. iv) Petitioner shall send a copy of this judgment by registered post to the third respondent Manager and shall produce proof of the same before the Deputy Director of Education. v) Petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Deputy Director of Education for the effective and proper disposal of the appeals as referred to above. (K.T.SANKARAN) Judge ahz/