IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34145 of 2010(P) -------------------------------------- PETITIONER: ------------------- MARIE HAZEL ROZARIO, AGED 54 YEARS, H.S.A., ST.ANTONY'S HIGHER SECONDARY SCHOOL, KACHERIPADY, ERNAKULAM. BY ADVS. SMT.P.A.ANITHA, SMT.M.G.AISHWARYA. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, O/O THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR – 686 001. 2. SMT. E.C.JESSY, HEADMISTRESS, ST.JOSEPH'S CONVENT GIRLS HIGH SCHOOL, THRISSUR – 686 001. R1 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34145/2010-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE D.E.O, THRISSUR, DTD. 10/06/2010. EXT.P.2: COPY OF THE APPEAL DTD. 15/07/2010. EXT.P.3: COPY OF THE NOTICE BY THE R1. DTD. 01/10/2010. EXT.P.4: COPY OF THE NOTICE BY THE R.1. DTD. 22/10/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.T.SANKARAN, J. ------------------------------ W.P.(C).No. 34145 OF 2010 ------------------------------ Dated this the 18th day of November, 2010 JUDGMENT The petitioner is working as HSA in St.Antony's High School, Kacheripady, Ernakulam. According to her, she has more than 22 years of service. The Management promoted and appointed the second respondent as Headmistress of St.Joseph's Convent Girls High School, Thrissur, under the same educational agency, when the vacancy of Headmaster arose on 1.4.2010. According to the petitioner, she is senior to the second respondent and therefore, she should have been promoted as Headmistress. The petitioner filed objection before the District Educational Officer, not to approve the appointment of the second respondent as Headmistress. As per Ext.P1 order dated 10.6.2010, the District Educational Officer negatived the objection raised by the petitioner. The reason stated in Ext.P1 is that the Educational Agency has W.P.(C).No. 34145 OF 2010 2 got minority status and it is not necessary to adhere to seniority in the matter of appointment of Headmaster. Challenging Ext.P1 order, the petitioner filed Ext.P2 appeal before the Deputy Director of Education, Thrissur. As per Ext.P3 notice issued by the Deputy Director of Education, hearing of Ext.P2 appeal was scheduled to be held on 30.10.2010. Hearing was adjourned and as per Ext.P4 notice, the hearing was fixed to be held on 10.11.2010. The petitioner states that on 10.11.2010 also Ext.P2 appeal was not heard by the Deputy Director of Education. It is stated that on 9.11.2010, the petitioner was informed by the office of the first respondent that the hearing scheduled to be held on 10.11.2010 was postponed and the next date of hearing would be intimated. The petitioner states that she would retire from service on 31.3.2011 and if Ext.P2 appeal is not disposed of expeditiously, she would be put to irreparable injury. W.P.(C).No. 34145 OF 2010 3 2. The only relief sought for in the Writ Petition is to direct the Deputy Director of Education to hear and dispose of Ext.P2 appeal within a time frame. 3. The learned Government Pleader submitted that hearing of Ext.P2 appeal is scheduled to be held on 24.11.2010 by the Deputy Director of Education and that the appeal would be disposed of expeditiously. 4. Taking into account the facts and circumstances of the case, there will be a direction to the first respondent to dispose of Ext.P2 appeal as expeditiously as possible, and at any rate within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the second respondent. The petitioner shall produce a certified copy of the judgment before the first respondent. The W.P.(C).No. 34145 OF 2010 4 petitioner shall also send a copy of the judgment to the second respondent by registered post and the petitioner shall produce proof of the same before the first respondent. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE. cms