IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 25332 of 2011(N) -------------------------- PETITIONER: --------------- NIJIN C,PEON, SGMSB SCHOOL, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, VATAKARA, KOZHIKODE DISTRICT 673 101. 2. THE MANAGER SGMSB SCHOOL, VATAKARA, KOZHIKODE DISTRICT 673 101. 3. NEETHUSREE,SREEVALSAM,PAZHANKAVU, NUT STREET, VATAKARA 673 104. 4. SARITHA M, KARUVOTH HOUSE, MANDANTHUR P.O, PUTHUPANAM 673 105. ADDL.R5 IMPLEADED: ADDL.R5: THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM (ADDL.R5 IMPLEADED AS PER ORDER ON I.A.No.15712/11 DT.4.10.11) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 25332 of 2011(N) PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE APPOINTMENT ORDER IN FORM 27 DATED 3-2-2009 AND THE ORDER OF APPROVAL. EXT.P2 A TRUE COPY OF THE REQUEST DATED 18-3-11 OF THE PETITIONER. EXT.P2(A) A TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 23-3-2011. EXT.P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10-6-2011. EXT.P4 A TRUE COPY OF THE JUDGMENT IN WPC NO.17713/2011 DATED 30-6-2011. EXT.P5 A TRUE COPY OF THE ORDER DATED 14-9-2011 OF THE 1ST RESPONDENT. EXT. P6: COPY OF MEMORANDUM OF REVISION PETITION DT.24.9.11. EXT.P6(A): COPY OF STAY PETITION DT.24.9.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25332 of 2011-N -------------------------------------------------- DATED THIS THE 4th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner has approached this Court by filing this Writ Petition challenging Exhibit P5 order passed by the Assistant Educational Officer, Vatakara. Substantially, the order rejects the claim of the petitioner for appointment as teacher in the vacancy which arose from 1.6.2011 onwards. 2. Subsequent to the filing of the Writ Petition, the petitioner has availed the statutory remedy of filing a revision petition under Rule 8A of Chapter XIV-A of the Kerala Education Rules and a copy of which has been produced along with I.A.No.15712/2011. Exhibit P6 is the revision petition filed along with Exhibit P6(a) stay petition. 3. In the light of the availing of the statutory remedy by the petitioner, there will be a direction to the Director of Public Instruction to take a decision on Exhibit P6 revision petition after hearing the petitioner and other contesting respondents within a period of two months from the date of receipt of a copy of this W.P.(C)No.25332/11 -2- judgment. In the meanwhile, the request of the petitioner for grant of stay as per Exhibit P6(a) will also be considered and appropriate orders will be passed within a period of three weeks from the date of production of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) Issue copy today itself. dsn