IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 25831 of 2010(D) -------------------------- PETITIONER(S): --------------- PUSHPALATHA.K., ASSISTANT TEACHER, M.D.L.P. SCHOOL, VELAM, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC ISNTRUCTION, EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE MANAGER, VELAM M.D.L.P.SCHOOL, VELAM P.O., KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA EDUCATIONAL DISTRICT, KOZHIKODE DISTRICT. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- W.P(C).No. 25831 2010 ---------------------------- Dated this the 2nd day of September, 2010 JUDGMENT The case of the petitioner is the following: She is working as a teacher in Velam M.D.L.P.School, Vatakara, Kozhikode. One N.P.Andy was the Headmaster of the school, who retired on 30.4.2008. The petitioner is entitled to be appointed as a Headmistress. She had sent a letter relinquishing her claim for appointment. According to the petitioner, that letter has not come into force and become effective. The petitioner is the senior most teacher. On 1.5.2008, the Manager appointed one Najeeb as the Headmaster. As per the order dated 4.2.2009 the District Educational Officer rejected approval for appointment of Najeeb. On 5.6.2008, the Manager appointed one Radhakrishnan as the Headmaster. That appointment was also rejected by the District Educational Officer, as per the order dated 23.7.2008. Meanwhile, the Manager filed appeal against the W.P(C).No. 25831 of 2010 2 order passed by the District Educational Officer, dated 4.2.2009 rejecting approval of appointment of Najeeb. As per Ext.P1 dated 28.10.2009, the District Educational Officer directed the Manager to appoint the petitioner as Headmistress. The Manager filed appeal before the Director of Public Instruction against that order. The matter is pending before the Director of Public Instruction. It is stated that the Director of Public Instruction posted the case for hearing on 15.7.2010. 2. The reliefs prayed for by the petitioner are “(i) to issue a writ of mandamus commanding the Director of Public Instruction to direct the Manager to appoint the petitioner as Headmistress and (ii) for the issue of a Writ of mandamus commanding the Director of Public Instruction to hear the petitioner and to consider all the arguments and documents submitted by her.” 3. Since the matter is pending before the Director of Public Instruction, the relief in the Writ Petition for the issue of writ of mandamus to the Director of Public Instruction as requested in W.P(C).No. 25831 of 2010 3 relief No.(i) cannot be granted. As regards relief No.(ii), the Writ Petition is filed on the following averments. “The petitioner fears that her views would not be considered by the 1st respondent and he would pass an order without consider the case on merits. The 1st respondent has not even accepted the documents filed by the petitioner.” 4. The reliefs prayed for by the petitioner are anticipatory in nature. The Writ Petition cannot be entertained at this stage. It cannot be assumed that the Director of Public Instruction will not hear the petitioner or will not consider her contentions. At any rate, the petitioner would have a remedy after the Director of Public Instruction passes an order. For the aforesaid reasons, the Writ Petition is closed with the aforesaid observations. K.T.SANKARAN, JUDGE cms