IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8882 of 2009(E) ------------------------- PETITIONER(S): --------------- THE MANAGER,VRCM UP SCHOOL, VALLANGHY,PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8882 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2009. JUDGMENT The petitioner is the Manager of VRCM U.P. School, Vallanghy, Palakkad. A regular vacancy of UPSA arose due to promotion of one Shri Ramakrishnan on 1.4.2008. In the said vacancy, the petitioner/Manager appointed one Smt. Preethi, as UPSA as per Ext.P1. The order of appointment was forwarded for approval to the Asst. Educational Officer who did not take any action on the same. The objection appears to be that there was a direction to demolish the school building which is a pre KER school. It is pointed out that the circular issued by the Director of Public Instruction in this regard is stayed by this court as per Exts.P2 and P3 orders. The question is whether the same will deter the authority from approving the appointment. The petitioner has approached the Appellate Authority as per Ext.P5 dated 30.10.2008. The petitioner is relying upon Ext.P6 judgment of this court in Writ Petition Nos.2837/2009 and 2838/2009 in an identical case to contend that the objection pointed out, cannot be justified. wpc 8882/2009 2 2. There will be a direction to the District Educational Officer, the second respondent herein to consider Ext.P5 and pass appropriate orders after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. Learned counsel for the petitioner submitted that the District Educational Officer may be directed to consider the legal principles declared by this court in Ext.P6 judgment. The same will be considered while disposing of the appeal. (T.R. Ramachandran Nair, Judge.) kav/