IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19184 of 2008(H) ------------------------------------- PETITIONER: ------------------- BINDU MANAKKANDIYIL, HSA (SS) SANSKRIT HIGH SCHOOL, VATTOLI, VADAKARA, KOZHIKODE DT. BY ADV. SRI.R.K.MURALIDHARAN RESPONDENTS: ---------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 2. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. 3. THE MANAGER, SANSKRIT HIGH SCHOOL, VATTOLI. BY SMT. T.B.REMANY, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ WP(C). No. 19184 of 2008 ------------------------------ Dated this the 25th day of June, 2008 JUDGMENT In the manner which I propose to dispose of the Writ Petition. I do not think it is necessary to issue notice to 3rd Respondent. 2. The petitioner was appointed as HSA (SS) with effect from 4/06/2007 onwards in the retirement vacancy of Smt. C. K. Jayasree, who retired on 31/05/2007. The appointment of the petitioner was as per Exhibit P1 appointment order dated 15/06/2007. The proposal for approval was rejected by the District Education Officer as per Exhibit P2 order dated 6/02/2008 on the following grounds. “1. The special leave petition No. 13165/2006 filed by Sri.K.K. Narayanan Vaidyer former Manager of Sanskrit HS, Vattoli before the Hon'ble Supreme Court of India against the appointment and approval of Sri. K.K. Gangadharan, newly elected Manager, Sanskrit HS, Vattoli is till pending. 2. Retrospective appointment made on 15/06/2007 to effect the appointment on 4/6/2007 is not be WP(C). No. 19184 / 2008 Page numbers admissible. ” 3. It is submitted by the petitioner that the reasons stated in Exhibit P2 order for rejection of approval is neither legal nor proper. Challenging Exhibit P2 order, the manger of the school has filed Exhibit P4 appeal before the Deputy Director of Education, Kozhikode. It is stated that Exhibit P4 appeal is pending disposal. 4. The reliefs prayed for in the Writ Petition are the following. “a. Issue a writ of certiorari or any other appropriate writ order or direction quashing Ext. P2 order of the 2nd respondent dated 6/2/2008 and direct the 2nd respondent to approve the appointment of the petitioner as per Ext. P1 appointment order with all consequential benefits. b. Issue a writ of mandamus or any other appropriate order or direction directing the 1st respondent to dispose Ext. P4 appeal dated 5/04/2008 after hearing the petitioner and further direct to pass appropriate WP(C). No. 19184 / 2008 Page numbers orders within a time limit. c. Issue such other orders this Hon'ble Court may be pleased to grant.” 5. Since Exhibit P4 appeal is pending disposal, it is not proper to entertain the writ petition with reference to relief 'a'. The learned counsel for the petitioner submits that the petitioner confines to the relief 'b' for the time being. 6. It is necessary to dispose of Exhibit P4 appeal after affording an opportunity of being heard to the affected parties. In the facts and circumstances of the case, Writ Petition is disposed of as follows. a. The Deputy Director of Education, Kozhikode (1st respondent) shall consider and dispose Exhibit P4 appeal dated 5/04/2008 filed by the Manger of the school, after affording an opportunity of being heard to the Manager, the petitioner and any other affected parties as expeditiously as possible and at any rate within a period of two months from the WP(C). No. 19184 / 2008 Page numbers date of receipt of copy of this Judgment. b. The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the first respondent. c. The petitioner shall send a copy of the judgment by registered post to the 3rd respondent, the Manger of the school, by registered post and shall produce proof of having sent the same, before the 1st respondent without delay. K.T.SANKARAN, JUDGE scm