IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 22054 of 2008(A) ----------------------------------------- PETITIONER(S): ---------------------- NISHA DAYANANDAN, UPSA, ABVHS, MUHAMMA, ALAPPUZHA. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I., TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALLEPPEY. 3. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA. 4. THE MANAGER, ABVHS MUHAMMA, ALLEPPEY. BY ADVS.MR. V.A.MUHAMMED FOR R4 MR .K.E.HAMZA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, ALONG WITH WPC. NO.3685 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.22054/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 23.7.01 . P2:- COPY OF THE MODIFIED ORDER DT. 1.10.07. P3:- COPY OF THE LETTER ISSUED BY THE D.E.O. DT. 13.11.07. P4:- COPY OF THE ORDER ISSUED BY DPI DT. 23.5.08. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE REVISION PEITION FILED BEFORE THE GOVERNMENT DT. 28.8.08. R4(b):- COPY OF THE DECISION REPORTED IN 2008 (2) KLT. 771/(S.C.) DT. 8.5.08. R4(c):- COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT. 15.9.08. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) Nos.22054 of 2008 & 3685 of 2009 ================================== Dated this the 16th day of February, 2009. JUDGMENT Common questions arise in these Writ Petitions. They were therefore heard together and are being disposed of by this common judgment. Unless otherwise mentioned, the documents referred to are those produced in W.P.(C) No.3685 of 2009 2. A vacancy of High School Assistant arose in A.B.V. Higher Secondary School, Muhamma, during the academic year 2007-2008 on the retirement of Smt.Rekha, High School Assistant (Social Science). The petitioner in W.P.(C) No.22054 of 2008, who was working as Upper Primary School Assistant in the very same school claimed appointment as High School Assistant in that vacancy. The Manager appointed the petitioner in W.P.(C) No.3685 of 2009 as High School Assistant (English) with effect from 11.10.2007. By Ext.P4 order passed on 8.8.2008 the District Education Officer, Cherthala declined to approve the appointment of the petitioner in W.P.(C) No.3685 of 2009 in view of Ext.P2, the direction issued by the Director of Public Instruction on a petition filed by the petitioner in W.P.(C) No.22054 of 2008 to appoint her as H.S.A. (Social Science). The petitioner in W.P.(C) No.22054 of 2008 seeks implementation of the direction in Ext.P2, while the petitioner in W.P.(C) No.3685 of 2009 challenges the said direction and also Ext.P4 WP(C) Nos.22054/08 & 3685/09 -: 2 :- order passed by the District Educational Officer declining to approve his appointment. The petitioner in W.P.(C) No.3685 of 2009 has aggrieved by the said direction, also moved the Government in Exts.P5 and P6 revision petitions arising from Exts.P2 and P4 respectively. 3. What the petitioner in W.P.(C) No.22054 of 2008 seeks is a writ in the nature of mandamus commanding the official respondents and the Manager of the school to give effect to the direction issued by the Director of Public Instruction in Ext.P4. The petitioner in W.P.(C) No.3685 of 2009 has challenged the said direction and also Ext.P2 order passed by the District Educational Officer declining to approve his appointment. Since the validity of the direction issued by the Director of Public Instruction in Ext.P4 and the order passed by the District Educational Officer (Ext.P2) declining to approve the appointment of the petitioner in W.P.(C) No.3685 of 2009 is now under challenge before the State Government in separate revision petitions, I am of the opinion that the petitioner in W.P.(C) No.22054 of 2008 will have to await the outcome of the said proceedings before seeking implementation of Ext.P4 order passed by the Director of Public Instruction. 4. In these circumstances, I dispose of these Writ Petitions with a direction to the Secretary to Government, General Education Department to consider and pass orders on Exts.P5 and P6 revision petitions in W.P. (C) No.3685 of 2009 after notice to and affording the petitioners in both the Writ Petitions and the Manager of the school an opportunity of being WP(C) Nos.22054/08 & 3685/09 -: 3 :- heard. It will be open to the Secretary to Government to hear other teachers if any who will be affected by the outcome of the revision petitions pending before the Government. Since the appointment in question relates to a teaching post, the Government shall endeavour to dispose of the revision petitions expeditiously and in any event, within a period of three months from the date on which the petitioner in W.P.(C) No.22054 of 2008 produces a certified copy of this judgment. The Writ Petitions are disposed of as above. P.N.Ravindran, Judge. ess 26/2