IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29623 of 2011(C) ------------------------ PETITIONER : --------------------- P.A.SHAHANAS, WIFE OF V.K.SUBAIR, AGED 28 YEARS, HIGH SCHOOL ASSISTANT (URDU), THIRUVALAYANNUR HIGH SCHOOL, KALLUR-VADAKKEKAD, THRISSUR DISTRICT-679562. BY ADVS. SRI.V.A.MUHAMMED SRI. T.V. VIJAYARAJAN SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE, PIN 680 003. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506. 4. THE MANAGER, THIRUVALAYANNUR HIGH SCHOOL, KALLUR-VADAKKEKAD, THRISSUR DISTRICT, PIN 679 562. R1 TO R3 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29623 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 14-06-2010. EXHIBIT-P2. TRUE COPY OF THE JOINING REPORT DATED 14-06-2010. EXHIBIT-P3. TRUE COPY OF THE ORDER NO.B5-4520/10/D.DIS.OF THE DISTRICT EDUCATIONAL OFFICER DATED 10-12-2010. EXHIBIT-P4. TRUE COPY OF THE APPEAL FILED BEFORE THE DEPUTY DIRECTOR OF EDUCATION DATED 10-03-2011. EXHIBIT-P5. TRUE COPY OF THE ORDER NO.B5-2377/11 OF THE DEPUTY DIRECTOR DATED 09-06-2011. EXHIBIT-P6. TRUE COPY OF THE INTIMATION OF THE MANAGER OF THE SCHOOL DATED 25-06-2011. EXHIBIT-P7. TRUE COPY OF THE ORDER NO.B5-2377/2011 OF THE DEPUTY DIRECTOR DATED 05-08-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29623/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of November, 2011 J U D G M E N T The petitioner herein is aggrieved by the delay in disposal of Ext.P4 appeal of the Manager by the second respondent-Deputy Director of Education. It is a case where the petitioner has been appointed as High School Assistant (Urdu) and is awaiting approval. The District Educational Officer by Ext.P3 order declined approval which is under challenge before the Deputy Director of Education. 2. The pleadings show that the Deputy Director has already deployed one protected teacher to the school but the said protected teacher has not joined duty. Again the Manager requested to deploy another protected teacher as per Ext.P6 request. 3. The learned counsel for the petitioner, therefore, submitted that the non appointment of the protected teacher, in the light of the peculiar circumstances emerging as above, cannot be a ground to decline the approval of the petitioner. It is W.P.(C). No.29623/2011 -:2:- submitted that the Manager has earmarked the post of Needle Work teacher for appointing the protected teacher, which aspect is also favourable to the petitioner. 4. It is upto the Deputy Director of Education to take a decision on the appeal after assessing various aspects and, therefore, there will be a direction that the appeal be disposed of within a period of six weeks from the date of receipt of a copy of this Judgment after hearing the petitioner and the Manager. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms