IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 23029 of 2009(W) -------------------------- PETITIONER(S): --------------- SUPRABHA.K, W/O.SURESH, PADICKAL HOUSE, AIMURI, KOOVAPADY PO, KUNNATHUNADU TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE MANAGER, MGMHS SCHOOL, KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DIST. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNEMNT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) FOR R1 SR. GOVT. PLEADER SMT. M.R SREELATHA FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23029 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPLICATION DATED 5.9.1994 SUBMITTED BY THE PETITIONER EXT.P2: TRUE COPY OF THE APPLICATION DATED 2.9.2005 MADE BY THE PETITIONER IN THE PRESCRIBED FORM EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 8.9.2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4: TRUE COPY OF THE COMMUNICATION NO.B4-22519/05 DATED 25.11.2005 ISSUED BY THE 2ND RESPONDENT EXT.P5: TRUE COPY OF THE G.O (MS) NO.15/97/G.Edn. DATED 16.1.1997 EXT.P6: TRUE COPY OF THE MARK LIST DATED 16.9.1996 OF THE FINAL B.COM EXAMINATION EXT.P7: TRUE COPY OF THE DIPLOMA CERTIFICATE DATED 14.5.1998 IN ADVANCED ACCOUNTING EXT.P8: TRUE COPY OF THE CERTIFICATE IN TYPEWRITING DATED 17.2.2001 EXT.P9: TRUE COPY OF THE CERTIFICATE IN ENGLISH SHORTHAND DATED 9.8.2004 EXT.P10: TRUE COPY OF THE ACKNOWLEDGMENT CARDS DULY SIGNED BY THE 2ND RESPONDENT AND THE DISTRICT EDUCATIONAL OFFICER IN TOKEN OF RECEIPT OF THE APPLICATION. /TRUE COPY/ P.A TO JUDGE T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.23029 of 2009 -------------------------- Dated this the 30th November,2009 J U D G M E N T The petitioner's father Sri.V.Krishnapillai was a teacher in the school managed by the 1st respondent. He died while in service. Petitioner is the youngest of the three daughters of late Sri.V.Krishnapillai. Petitioner has sought for a direction to the 1st respondent to appoint her in any of the suitable posts in accordance with her qualification, under Rule 51 B of Chapter XIVA of the Kerala Education Rules. Petitioner's qualification is Degree in Commerce (B.Com). Ext.P2 is the copy of the application stated to have been filed before the Manager seeking appointment. Ext.P3 is the copy of the representation submitted before the 2nd respondent to take appropriate action in the matter. Petitioner was directed by the 2nd respondent as per Ext.P4 to contact the Manager of the school. Exts.P6 to P9 are the certificates produced by the petitioner to prove her academic qualifications. 2. It is the case of the petitioner that in terms of the relevant Rules and Government Orders, the petitioner W.P ( C) No.23029 of 2009 2 is eligible to be appointed in any one of the posts of Clerk/Peon 3. In the counter affidavit filed by the 1st respondent, it is submitted that Ext.P2 application and P3 representation were not seen submitted to the Manager as per the school records. These documents have been received along with the notice and copy of the writ petition from this Court. It is pointed out that the petitioner will have to submit an application in the prescribed form within three years from the date of attaining 18 years i.e. 29.4.1994. It is also pointed out that one vacancy of full time menial will arise on 31.3.2014 on retirement of Smt.Sarasamma. 4. Petitioner has filed a reply affidavit pointing out that immediately after she became a major, an application was submitted to the then Manager. Again in the year 1996 one more application was submitted in the prescribed form to the then Manager Sri. Paulose. Going by the averments in paragraph 4, it is clear that there had been successive changes in the office of the Manager. Petitioner has produced an acknowledgment as Ext.P10 along with the reply affidavit evidencing the fact that W.P ( C) No.23029 of 2009 3 Ext.P2 has been duly served on the Manager. 5. In the light of the fact that a vacancy will arise in the year 2014, I feel that the interest of justice will be served by directing the petitioner to file an application in the prescribed form within one month from today to the Manager. The same will be treated as a valid application and submitted in time. In the light of Rule 51B,Chapter XIV A of K.E.R there is a statutory right vested in an applicant like the petitioner. Application will be considered by the Manager in terms of the relevant Rules and the Scheme. Therefore,if the petitioner submits an application in proper form within a period of one month from today, the same will be considered by the Manager in accordance with the Rules and a suitable and considered reply will be given to the petitioner regarding her claim for appointment under Rule 51B, Chapter XIVA of the Kerala Education Rules, within a period of two months. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.23029 of 2009 4 W.P ( C) No.23029 of 2009 5