IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 15407 of 2011(A) -------------------------------- PETITIONER: -------------- SREENATH P.M., AGED 24 YEARS, S/O.P.S.MANI, L.P.S.A.,V.M.L.P.SCHOOL, PALAKKAPOTTA, AYILOOR, KOLLENGODE, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD-678506. 5. THE MANAGER, V.L.M.P.SCHOOL, PALAKKAPOTTA, KOLLNGODE SUB DISTRICT, PALAKKAD-678506. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15407 OF 2011 --------------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T The petitioner is awaiting approval of appointment as LPSA in the school managed by the 5th respondent in terms of G.O.(P) No.10/10/G.Edn. dated 12.01.2010. It is pointed out that the appointment was against an additional vacancy of the academic year 2008-09 which was not approved in the light of the ban order issued by the Government as per G.O.(P) No.317/2005 dated 17.08.2005. 2. Learned counsel for the petitioner submitted that in the light of G.O.(P)No.10/10/G.Edn. dated 12.01.2010, the Manager has already submitted a declaration. A copy of the same has been produced as Ext.P2. But, still the Assistant Educational Officer is not considering the matter in spite of the interim order dated 22.02.2011 in W.P.(C) No.5493/2011. W.P.(C) No.15407/2011 2 3. It is pointed out that the Assistant Educational Officer has taken the stand that the declaration filed is conditional as the Manager has mentioned therein that the declaration is subject to the outcome of the case W.P.(C) No.9477/2010 challenging the validity of G.O.(P)No.10/10/G.Edn. dated 12.01.2010. 4. In a similar case, this Court by Ext.P4 judgment in W.P.(C) No.14249/2011 has taken the view that it cannot be said that the bond submitted is a conditional one in the light of the last sentence in the bond produced in the writ petition which is said to be identically worded. Herein it can also be seen that the Manager has only mentioned that the declaration will be subject to the outcome of W.P.(C) No.9477/2010. Evidently, the submission of declaration will not prevent the Manager from pursuing the legal remedies. In that view of the matter, there will be a direction to the Assistant Educational Officer to take a decision, if the original of Ext.P2 has already been received, in accordance with G.O.(P) No.10/10/G.Edn. dated 12.01.2010, within a period of one month from the date of receipt of a copy of this judgment. The W.P.(C) No.15407/2011 3 petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. Sd/- T.R. RAMACHANDRAN NAIR JUDGE smp // True Copy // P.A. to Judge.