IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21562 of 2008(P) -------------------------- PETITIONER: ------------ M.V.SWATHI, 27 YEARS, W/O.K.K.SURESH BABU, HSA(ENG.) GIRLS HIGH SCHOOL PONNANI, MALAPPURAM BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM 4. DISTRICT EDUCATIONAL OFFICER TIRUR 5. MANAGER, GIRLS HIGH SCHOOL PONNANI 6. PRADEEP.P., GIRLS HIGH SCHOOL PONNANI, MALAPPURAM BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21562 of 2008 P -------------------------------------- Dated this the 17th day of July, 2008. J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to respondents 5 and 6. Government Pleader takes notice for respondents 1 to 4. 2. The petitioner states that she was appointed as High School Assistant (English) in Girls High School, Ponnani for the period from 29.7.2005 to 14.6.2009 in a leave vacancy. That appointment was approved by the District Educational Officer. The sixth respondent, it is stated, is a High School Assistant (Maths). The Manager filed an application for conversion in the case of sixth respondent from High School Assistant (Maths) to High School Assistant (English) in terms of Government Order dated 16.7.2003, before the District Educational Officer. It is stated that the sixth respondent has acquired B.Ed. with double main optional, i.e. Mathematics and English. The District Educational Officer rejected the request of the Manager. The Manager filed an appeal before the Deputy Director of Education who by order dated 26.5.2007 directed the District Educational Officer to sanction the conversion. Accordingly the District Educational Officer by Ext.P1 order dated 29.3.2008 accorded sanction for conversion as prayed for by the Manager. WP(C) No.21562/2008 2 2. It is stated by the petitioner that in the case of double main of B.Ed, a person who is appointed in any one of the two optionals, will not be eligible for conversion to the other main optional later. It is also stated that the Director of Public Instruction in Ext.P2 order dated 23.12.2006 has taken that view. Petitioner states that disregarding the view taken by the Director of Public Instruction, the Deputy Director of Education has allowed the appeal, on the basis of which the District Educational Officer passed Ext.P1 order. Challenging Ext.P1 order, the petitioner filed Ext.P3 appeal dated 20.6.2008 before the Director of Public Instruction. Ext.P3 appeal is pending disposal. 3. The reliefs prayed for by the writ petitioner are the following:- “a. Call for the records relating to Exhibit P1 and quash the original of the same by the issuance of Writ of certiorari or other appropriate Writ or order. b. Director the 2nd respondent to effectively consider and pass appropriate orders upon Exhibit P3 after affording an opportunity of being heard to the petitioner within a time limit. WP(C) No.21562/2008 3 c. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. Learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if a direction is issued to the Director of Public Instruction to dispose of Ext.P3 appeal within a time frame, reserving the right of the petitioner to pursue the other reliefs at the appropriate stage. Learned Government Pleader submits that the Director of Public Instruction may be directed to dispose of Ext.P3 appeal. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (i) The Director of Public Instruction shall consider Ext.P3 appeal dated 20.6.2008 submitted by the petitioner, after affording an opportunity of being heard to the petitioner, respondents 5 and 6 and any other person likely to be affected and dispose of the same expeditiously and at any rate within a period of three months. (ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. WP(C) No.21562/2008 4 (iii) The petitioner shall send a copy of the judgment to respondents 5 and 6 separately, by registered post, and shall produce proof of the same before the Director of Public Instruction. (iv) The petitioner as well as respondents 5 and 6 would be entitled to produce before the Director of Public Instruction such other materials and documents which are relevant in the matter. K.T. SANKARAN, JUDGE. cks