IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 6931 of 2009(J) ------------------------------------ PETITIONER: ------------------- BILKEES T.K., AGED 24 YEARS, D/O. T.K. UMMER, RESIDING AT THAZHAKUNNATH HOUSE, NEELESWARAM, KODUVALLY, KOZHIKODE DISTRICT. BY ADV. MR.T.MADHU. RESPONDENTS: ------------------------ 1. THE ASST. EDUCATIONAL OFFICER, HOSDURG, KASARGOD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.6931 of 2009 ===================== Dated this the 25th day of March, 2009. JUDGMENT Heard Sri. T.Madhu, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner was appointed as Junior Language (Arabic) Teacher by Ext.P1 order dated 2.6.2008 in a retirement vacancy that aorse on 31.3.2008. The appointment order was issued by Dr. Sanjeev M.Lazar who was the Correspondent and Manager of UBMCALP School, Hosdurg. The Manager forwarded Ext.P1 appointment order to the Assistant Educational Officer, Hosdurg along with Ext.P2 proposal seeking approval of the said appointment. The petitioner's grievance is that though nearly 9 months have passed thereafter, the Assistant Educational Officer has not yet passed orders in the matter. 3. The pleadings disclose that there was a suit between the Manager who appointed the petitioner and the educational agency in which Ext.P4 judgment was passed, interdicting the educational agency from interfering with the right of Dr. Sanjeev M.Lazar from acting as Manager and Correspondent of the UBMCALP School, Hosdurg till a new Manager is appointed in accordance with the bye-law of the educational agency. It is stated that Ext.P4 judgment is under challenge in an appeal WP(C) 6931/09 -: 2 :- filed by the educational agency in the Court of the Subordinate Judge, Hosdurg. The pleadings also disclose that the Assistant Educational Officer, Hosdurg has been directed by this Court in Ext.P5 judgment in W.P.(C) No.4721 of 2007 to pass orders regarding change of management of the school. Ext.P5 judgment was delivered on 2.7.2008. The petitioner was appointed on 2.6.2008. Nearly 9 months have passed thereafter. 4. In these circumstances, I dispose of this Writ Petition with a direction to the Assistant Educational Officer, Hosdurg to pass orders on Ext.P2 request made by the Manager of the school to approve the petitioner's appointment as Junior Language (Arabic) Teacher. A decision in the matter shall be taken within three months from today, with notice to the petitioner, the educational agency and also Dr. Sanjeev M. Lazar. P.N.Ravindran, Judge. ess 9/4