IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WA.No. 2214 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22868/2004 Dated 13/12/2006 .................... APPELLANT(S): RESPONDENTS 1 AND 2 IN WP(C) ------------------------ 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, SECRETARAIT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY SCHOOL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA RESPONDENT(S): PETITIONER AND 3RD RESPONDENT IN WPC. ------------------------- 1. SWAPANA A.G., S/O.C.K.CHATHU AGED 27 YEARS, HSST (ECONOMICS) JAYASREE HIGHER SECONDARY SCHOOL, KALADYKOLLY P.O.,PULPALLI WAYANAD. 2. THE MANAGER JAYASREE HIGHER SECONDARY SCHOOL, KALLUVAYAL,KALADYKOLLY P.O.,PULPALLI,WAYANAD. BY ADV. SRI.SAJITH KUMAR FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & V.K.MOHANAN, JJ. ================================ W.A.No.2214 of 2008 =============================== Dated this the 24th day of November, 2008. J U D G M E N T KOSHY, J. The petitioner was a Higher Secondary School Teacher in Economics. She was appointed in a permanent vacancy with effect from 19.02.2001. From that date she was working in that school. There was a ban of appointment imposed by the Government during the relevant time and approval of her appointment was not granted. On 5.6.2002, she was again appointed, after the ban was lifted and her service from 5.6.2002 was approved. Thereafter, Ext.P4 order was passed by the Government granting approval for appointment of teachers for the period 13.2.2001 to 12.11.2001, provided, teachers were fully qualified. Thereafter, the matter was again taken by the Manager and since that was not accepted by the Government, writ petition was filed and considering Ext.P4 and rival contentions, the learned Single Judge of this Court held that the petitioner is also entitled to get approval with effect from W.A.No.2214 of 2008 2 19.2.2001. It is not disputed that she has worked from 19.2.2001. Without a teacher the students cannot also study and there is a substantive permanent vacancy from 19.02.2001. Considering Ext.P4 order and rationale behind the same, sha was fully qualified and considering the facts of the case, we are of the view that no interference is called for in the impugned judgment and hence it is dismissed. We also note that the learned Single Judge has considered the matter with respect to the facts of this particular case and not as a general one. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE bkn/-