IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12124 of 2009(I) ------------------------------------- PETITIONER: ------------------- SANTHOSH KUMAR.V.V., AGED 32 YEARS,S/O.V.V.SREEDHARAN, UPPER PRIMARY SCHOOL ASSISTANT, NERUVAMBRAM U.P.SCHOOL,P.O.PAYANGADI, KANNUR DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR,P.O.KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, MADAYI,P.O.PAYANGADI,KANNUR DISTRICT. 5. THE MANAGER, NERUVAMBRAM U.P.SCHOOL, P.O.PAYANGADI,KANNUR DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.12124 of 2009 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner was appointed as UPSA in the fifth respondent's school by Ext.P1 order dated 1.7.2008 against a vacancy anticipated to arise during the academic year 2008-2009. It appears that the student strength verified by the Assistant Educational Officer warranted sanction of an additional division in Standard VI. Thereupon a higher level verification was conducted. At the time of higher level verification conducted by the District Educational Officer, there was a shortage of attendance for the reason that 12 students of Standard VI were undergoing treatment in hospitals for viral fever. Therefore, when Ext.P4 staff fixation order was issued, the additional division was not sanctioned. The Manager thereupon requested the Government to order a revisit. The Government granted the said request and a revisit was conducted. During the revisit, it was noticed that the staff strength warranted sanction of an additional division. However, in view of G.O.(P) WP(C) 12124/09 -: 2 :- No.164/91/G.Edn. dated 11.10.1991 and the last limb of Rule 12 of Chapter XXIII of the Kerala Education Rules, the Assistant Educational Officer did not sanction the additional division. Aggrieved thereby, the petitioner has filed Ext.P8 revision petition before the Director of Public Instruction and Ext.P8(a) revision petition before the Government. In the said revision petitions, the petitioner has referred to and relied on Exts.P7 and P7(a) judgments of this Court and also the decision of this Court in Shuja Baby v. State of Kerala - 2008(1) KLT 230. In this Writ Petition, the petitioner inter alia seeks a direction to the Director of Public Instruction to consider Exts.P8 revision petition and pass orders thereon in the light of Exts.P7 and P7(a) judgments and the decision of this Court in Shuja Baby v. State of Kerala (supra). 3. Rule 12E of Chapter XXIII of the KER empowers the Director of Public Instruction to revise orders relating to staff fixation. Ext.P4 staff fixation order for the academic year 2008-2009 was passed only on 24.2.2009. The petitioner has immediately thereafter filed Ext.P8 revision petition dated 18.3.2009 before the Director of Public Instruction. Since the petitioner has already invoked a remedy available to him in law, I am of the opinion that the Director of Public Instruction should consider Ext.P8 revision petition and pass orders thereon expeditiously. I accordingly dispose of this Writ Petition directing the Director of Public Instruction to consider Ext.P8 revision petition and pass orders thereon after affording the petitioner and the fifth respondent Manager a WP(C) 12124/09 -: 3 :- reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a copy of this Writ Petition along with a certified copy of this judgment. The Director of Public Instruction shall while passing orders in the matter have due regard to the decisions of this Court evidenced by Exts.P7 and P7(a) and also the decision of this Court in Shuja Baby v. State of Kerala - 2008(1) KLT 230. P.N.Ravindran, Judge. ess