IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 441 of 2011(E) ------------------------------------ PETITIONER(S): ----------------------- FAISAL BABU. K, FULL TIME ARABIC TEACHER (LP), VVALP SCHOOL, KARAKUTHGANGADI, MUTHUTHALA, PATTAMBI. BY ADV. SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT., GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI- 679 303, PALAKKAD DISTRICT. 3. THE MANAGER, VVALP SCHOOL, KARAKUTHANGADI, P.O. MUTHUTHALA, PATTAMBI- 679 303, PALAKKAD DISTRICT. R1 & R2 BY GOVT. PLEADER R3 BY ADV. MR.MANZOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.441 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF JANUARY, 2011 J U D G M E N T The petitioner is a teacher appointed by the 3rd respondent- Manager as a Full Time Arabic Teacher(LP). The matter relates to the approval of appointment. Initially, the approval was refused on the ground that there is no additional sanctioned post. It appears that the Government lifted the ban imposed for effecting appointment as per G.O.(P)No.10/10/G.Edn. dated 12.1.2010. Certain conditions have been prescribed in the order for the Manager to comply before granting the approval. It is pointed out by the learned counsel for the petitioner that by Exhibit P5, the Manager has also given a declaration that he is ready to abide by the conditions stipulated in G.O.(P)No.10/10/G.Edn. dated 12.1.2010 with regard to the appointment of protected teachers. 2. The petitioner also relies upon the direction issued by this Court in Exhibit P3 interim order as well as the communication issued by the Government as per Exhibit P4 to all the Educational Officers. It is pointed out that in spite of the W.P.(C)No.441/11 -2- same, nothing is being done by the Educational Officer concerned. 3. Heard the learned counsel appearing for the Manager, who submitted that he is prepared to abide by the conditions in G.O.(P)No.10/10/G.Edn. dated 12.1.2010 and that a declaration has already been submitted before the 2nd respondent- AEO. 4. In the light of the above, the 2nd respondent is directed to take a decision in the matter in terms of the directions issued by the Government as per Exhibit P4 and in the light of the declaration submitted by the Manager within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn