IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 15704 of 2008(T) -------------------------- PETITIONER: ------------ MUHAMMED SHEREEF.P. PUTHUKUDI HOUSE, P.O. MADAVOOR, VIA NARIKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------- 1. DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE DISTRICT 2. ASSISTANT EDUCATIONAL OFFICER BALUSSERY, KOZHIKODE DISTRICT. 3. THE MANAGER ULLIYERI AUP SCHOOL, P.O. ULLIYERI, KOZHIKODE DISTRICT. BY G.P. SHRI A.J.VARGHESE FOR R1 & R2 BY ADV. SRI.V.A.MUHAMMED FOR R3 SRI.K.E.HAMZA FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.15704 of 2008 T -------------------------------------- Dated this the 20th day of June, 2008. J U D G M E N T Shri P.Aboobacker was working as Arabic Teacher in AUP School, Ulliyeri, Kozhikode District. Due to division fall, he was deployed to Government School as a protected teacher. Shri Aboobacker died in harness while working in Government School on deployment. The petitioner is the son of Shri Aboobacker. He claimed appointment in AUP School, Uliyeri, under 51B of Chapter XIV A of the Kerala Education Rules. The Assistant Educational Officer issued Ext.P2 letter dated 17.3.2008 to the third respondent, Manager of the school, stating that the petitioner has submitted application claiming employment under Rule 51B of Chapter XIV A of the Kerala Education Rules and that the Manager has to consider the application, if otherwise it is in order, and shall appoint him in the first arising vacancy. 2. The third respondent Manager has filed Ext.P3 appeal before the District Educational Officer against Ext.P2 order. Ext.P3 appeal is pending disposal. WP(C) No.15704/2008 2 3. The reliefs prayed for in the Writ Petition is for issue of a writ of mandamus directing the first respondent to consider and dispose of Ext.P3 appeal within a time frame. The learned counsel for the third respondent Manager submitted that the claim of the petitioner for appointment was rejected earlier. Learned counsel for the petitioner disputes this statement and he pointed out that even in Ext.P3 the Manager has no such case. According to the Manager, the petitioner is not entitled to claim the benefit of Rule 51B of Chapter XIV A of the Kerala Education Rules. Several contentions are raised in Ext.P3 appeal. The District Educational Officer has to consider the appeal on the merits, after affording an opportunity of being heard to the petitioner as well as the Manager. In the facts and circumstances of the case, the Writ Petition is disposed of directing the District Educational Officer, Thamarassery, Kozhikode District to consider and dispose of Ext.P3 appeal filed by the third respondent Manager as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner as well as the Manager. K.T. SANKARAN, JUDGE. cks