IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17656 of 2009(B) -------------------------------- PETITIONER: -------------- RAZIA BHANU, AGED 24 YEARS, W/O.AHAMED SHA, RESIDING AT 'SHA' MANZIL, MUNDOT, AMBALATHARA VILLAGE, HOSDURG TALUK, KASARAGODE DISTRICT. BY MR.K.SANEESH KUMAR, ADVOCATE. RESPONDENTS: ----------------- 1. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, LAKSHMI NAGAR, KANHANGAD P.O., KASARAGOD DISTRICT-671315. 2. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGODE, CIVIL STATION, KASARAGODE, P.O.VIDYANAGAR, KASARAGODE - 671 123. 3. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 4. THE MANAGER, KELAPPAJI MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, KOTAKKAD POST, KOTAKKAD - 671 357. BY MR. A.J. VARGHESE, SR.GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17656 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The petitioner was appointed in the 4th respondent's Higher Secondary School in a vacancy that arose due to resignation of one Abdul Gafoor Konjilath who was a High School Assistant (Arabic) P.T. Department on temporary basis. She was appointed on regular basis from 29.12.2008 onwards. Exhibit P1 is the copy of the order of appointment. The 1st respondent- District Educational Officer, as per Exhibit P2, rejected the approval of appointment of the petitioner in the light of G.O.(P) No.104/2008/G.Edn dated 10.06.2008, which is produced as Exhibit P3 herein. Exhibits P2 and P3 are challenged in this writ petition. 2. The validity of Exhibit P3 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) has held in paragraph 7 that the offending W.P.(C) No.17656/2009 2 conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require amendment. As long as the rules are not amended, Exhibit P2 cannot be pressed into service by the Government. 3. Finally in paragraph 12, the following directions were issued: “In the case of the writ petitioners in these cases, orders, if any passed, approving their appointments on daily wage basis, relying on Ext.P2 Government Order are quashed. All appointments, whether pending approval or already rejected, shall be considered/reconsidered by the Educational Officers concerned and fresh orders shall be passed in the light of the declaration of law made by us in W.P.(C) No.25176 of 2008. The salary found due to be paid to the incumbents concerned shall be released immediately. The action in this regard shall be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, Exhibit P2 is quashed. The District Educational Officer will pass fresh orders in the light of the directions issued by the Division Bench above which will govern this case also. Appropriate orders shall be passed within a period W.P.(C) No.17656/2009 3 of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the District Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp