IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 6939 of 2011(N) ------------------------- PETITIONER: --------------- N.SHAJI, S/O.E.V.NARAYANAN, AGED 40 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), T.R.K.HIGHER SECONDARY SCHOOL, VANIAMKULAM, PALAKKAD - 679 522. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM - 679 101, PALAKKAD DISTRICT. 3. THE MANAGER, T.R.K.HIGHER SECONDARY SCHOOL VANIAMKULAM, PALAKKAD - 679 522. BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.6939 Of 2011-N ----------------------------------------------------- DATED THIS THE 7th DAY OF MARCH, 2011 J U D G M E N T The main prayer in the Writ Petition is to direct the Government to take a decision on Exhibit P11 representation filed against Exhibit P4 order passed by the District Educational Officer. 2. The learned Government Pleader submitted that the petitioner will get an effective remedy by filing a revision petition before the Director of Public Instructions. 3. The learned counsel for the petitioner pointed out that Exhibit P4 order is passed relying upon a clarification issued by the Director of Public Instructions and therefore the revision petition will be a futile exercise. 4. The petitioner is working as HSA(English) in the school managed by the 3rd respondent. The petitioner was appointed initially as a UPSA from 17.7.2001 and he has got regular service as a UPSA from 15.7.2002. Promotion was granted as HSA (English) as per Exhibit P3 order and the approval was declined by the District Educational Officer as per Exhibit P4 order. W.P.(C)No. 6939/11 -2- Exhibits P5 to P8 are the certificates produced to show that the petitioner is having the qualifications. It is submitted that the double option B.Ed. of the petitioner is admissible as a qualification in the light of Exhibits P9 and P10 Government Orders. 5. Since Exhibit P4 is passed relying upon a clarification issued by the Director of Public Instructions, the revision before the Government will be considered on merits. There will be a direction to the Government to take a decision on Exhibit P11 after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge