IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29691 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ DOLLY VINCENT, U.P.S.A.BASIL EVANGELICAL MISSION SCHOOL, PONNANI, MALAPPURAM DISTRICT, RESIDING AT PUTHEMKUMERI HOUSE,PARAPPERI P.O., TRIPRANGODE, MALAPPURAM DISTRICT. BY ADV. SRI.BENNY GERVACIS RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DIST-676 123 4. THE ASSISTANT EDUCATIONAL OFFICER, PONNANI, MALAPPURAM DIST-676 101. 5. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF C.S.I. DIOCESAN SCHOOLS (MALABAR & WAYANAD AREA) CHURCH OF SOUTH INDIA (C.S.I) CORPORATE MANAGER'S OFFICE, BANK ROAD, KOZHIKODE-673 001. 6. THE HEAD MASTER, B.E.M.U.P.SCHOOL, PONNANI-676 101. 7. SMT.AMRITA M., B.E.M.U.P.SCHOOL, TRIKKATTERI, PALAKKAD DISTRICT-678 001. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29691/2011 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- APPOINTMENT ORDER OF THE PETITIONER ISSUED BY 5TH RESPONDENT DTD.9/8/2007. EXT.P2:- APPOINTMENT ORDER OF PETITIONER DTD. 2/6/2008. EXT.P3:- ORDER OF THE 3RD RESPONDENT DTD 18/8/2009. EXT.P4:- APPOINTMENT ORDER DTD 28/5/2009 ISSUED BY THE 5TH RESPONDENT. EXT.P5:- ORDER OF THE 3RD RESPONDENT DTD 17/4/2010. EXT.P6:- REVISION PETITION PREFERRED BEFORE THE 5TH RESPONDENT DTD.6/8/2011. EXT.P7:- ORDER OF THE 5TH REPONDENT DTD. 14/9/2011 RECEIVED ON 12/10/2011. EXT.P8:- PETITION DTD. 20/10/2011 FILED BEFORE THE 2ND RESPONDENT. EXT.P9:- APPOINTMENT ORDER OF THE 7TH RESPONDENT DTD. 19/10/2011 ISSUED BY THE 5TH RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29691/2011-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of November, 2011 J U D G M E N T The petitioner herein was working as an Upper Primary School Assistant in Basil Evangelical Mission School, Ponnani in Malappuram District which is under the fifth respondent-Corporate Manager. By Ext.P7, the petitioner is shown as ousted from service and various reasons have been stated therein. The ouster is from 14/07/2010. 2. The grievance of the petitioner is that in spite of the matter being challenged before the authority, viz. the Director of Public Instruction as per Ext.P8, no orders have been passed. But, in the meanwhile, the Manager has made fresh appointments by a composite order Ext.P9 dated 19/10/2011. The learned counsel for the petitioner submitted that if the vacancies are filled up, the petitioner will not be able to come back if, ultimately, the appeal is allowed. W.P.(C). No.29691/2011 -:2:- 3. Heard learned counsel for the petitioner and learned Senior Government Pleader appearing for respondent Nos.1 to 4. 4. The learned counsel for the petitioner submitted that the appeal Ext.P8 may be directed to be disposed of within a time frame. 5. Ext.P9 proceedings show that various teachers have been appointed. Ultimately, the Manager will have to forward the papers to the Assistant Educational Officer for getting approval of appointments. Therefore, with regard to the approval of appointment of the seventh respondent, who is replacing the petitioner, the petitioner can raise appropriate objections before the Assistant Educational Officer. 6. The writ petition is disposed of with the following directions:- There will be a direction to the Director of Public Instruction to take a decision on Ext.P8 appeal after hearing the petitioner and the Manager and any other affected parties within a period of two months from the date of receipt of a copy of this Judgment. In the meanwhile, the petitioner can raise objections with regard to the proposal for approval of appointment W.P.(C). No.29691/2011 -:3:- of the seventh respondent, before the fourth respondent-Assistant Educational Officer, who will consider the objections of the petitioner before taking a decision on the proposal for approval after hearing the petitioner, the seventh respondent and the Manager. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the respective respondents for compliance. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms