IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 15473 of 2008(P) PETITIONER: ------------ D.SOBHANA, W/O.G.MURALEEDHARAN PILLAI U.P.S.A., S.C.D.U.P.S., KOTTAMKARA CHANDANATHOPPE P.O., KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER KUNDARA, KOLLAM 4. THE MANAGER, S.C.D.U.P.S., KOTTAMKARA CHANDANATHOPPE P.O., KOLLAM 5. SMT. JAYASREE, U.P.S.A., S.C.D.U.P.S. KOTTAMKARA, CHANDANATHOPPE P.O., KOLLAM R1 TO R3 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE R5 BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.JOSEPH JOHNY.C R4 BY ADV. SRI.P.K.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, ALONG WITH WP(C) NO. 18541 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 15473 OF 2008 P and W.P.(C) NO. 18541 OF 2008 G -------------------------------------------- Dated this the 16th July, 2008 JUDGMENT W.P.(C) No.15473 of 2008 is filed by D.Sobhana, UPSA, working in S.C.D.U.P.S, Kottamkara in Kollam District. While, W.P.(C) No.18541 of 2008 is filed by T.Jayasree, who is now working as UPSA in charge of Headmistress in the said School. 2. Smt.D.Sobhana says that she has passed SSLC and TTC. She joined service in the year 1982 and she has got 26 years of service. She has passed the Account Test (Lower). According to her, she is entitled to be promoted as the Headmistress as per Rule 45 of Chapter XIVA of the Kerala Education Rules. Smt.D.Sobhana says that the Manager illegally promoted Jayasree. However, appointment of Jayasree was not approved by the educational authorities and she is continuing as teacher in charge. The prayer in the Writ Petition filed by Sobhana is to quash the order dated 11.3.2008, issued by the Assistant Educational Officer (Ext.P4 in W.P.(C) No.15473 of 2008) to the extent to which it denies promotion of Sobhana. The order dated 11.3.2008 states that Rule 45 of Chapter XIVA was amended with effect from 31.1.2008 and it has no retrospective effect. Jayasree was appointed on 1.4.2007. Therefore, W.P.(C) NOS.15473 & 18541 OF 2008 :: 2 :: Jayasree is entitled to be promoted as Headmistress. However, the appointment of Jayasree was not approved as per Ext.P4 order on the ground that there is a management dispute and a final order approving the Manager was not passed. Sobhana is aggrieved by Ext.P4 order, as already stated. Against Ext.P4 order, a Revision is maintainable before the first respondent under Rule 92 of Chapter XIVA of the Kerala Education Rules. Sobhana has not exhausted that remedy. 3. In the Writ Petition filed by Jayasree, the prayer is to declare that she is entitled to get approval of appointment as Headmistress with effect from 1.4.2007. Jayasree has filed a Revision dated 24.3.2008, under Rule 92 of Chapter XIVA of the Kerala Education Rules, before the first respondent (Ext.P7 in W.P.(C) No.18541 of 2008), challenging the order dated 2.1.2008 passed by the District Educational Officer (Ext.P5 in W.P.(C) No.18541 of 2008). As per the order of the District Educational Officer dated 2.1.2008, the appeal filed by the Manager against the order of the Assistant Educational Officer declining approval of appointment of Jayasree was confirmed on the ground that the dispute regarding change of management is pending. 4. The Revision filed by Jayasree (Ext.P7 marked in W.P.(C) No.18541 of 2008) is pending before the first respondent. Against the W.P.(C) NOS.15473 & 18541 OF 2008 :: 3 :: order dated 11.3.2008, passed by the Assistant Educational Officer, Sobhana has got a right to file Revision before the first respondent. The matter requires to be considered by the first respondent and the rival contentions put forward by Sobhana and Jayasree are to be dealt with. However, Sobhana having not filed a Revision, it is necessary to grant her opportunity to file a Revision within a period of two weeks. 5. Taking into account the facts and circumstances of the case and after considering the submissions made by the counsel appearing for Sobhana, Jayasree and the Manager, both the Writ Petitions are disposed of in the following manner: a) Sobhana, the petitioner in W.P.(C) No.15473 of 2008, is permitted to file a Revision under Rule 92 of Chapter XIVA of the Kerala Education Rules to the first respondent challenging the order dated 11.3.2008, passed by the Assistant Educational Officer, to the extent it is against her, within a period of two weeks from today. b) On filing such a Revision by Sobhana, the first respondent shall dispose of the same along with the Revision dated 24.3.2008 filed by Jayasree (Ext.P7 in W.P.(C)No.18541 of 2008). The Revisions shall be disposed of after affording an opportunity of being heard to Sobhana, Jayasree and the rival claimants for Managership. W.P.(C) NOS.15473 & 18541 OF 2008 :: 4 :: c) Sobhana and Jayasree shall produce copy of the Writ Petition filed by them respectively, before the first respondent along with certified copy of the judgment. d) Sobhana, Jayasree and the rival claimants for managership would be entitled to produce such other documents and materials before the first respondent as are relevant. e) The first respondent shall dispose of the Revisions as expeditiously as possible and, at any rate, within a period of three months. (K.T.SANKARAN) Judge ahz/