IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 2932 of 2009(Y) ------------------------- PETITIONER: --------------- C.T.MUHAMMED, S/O.ABDULLA, 50 YEARS, FULL-TIME URDU TEACHER, PULIYANAMBRAM MUSLIM U.P.SCHOOL PO.PULIYANAMBRAM, VIA.PERINGATHUR, KANNUR. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. DEPUTY DIRECTOR OF EDUCATION KANNUR.PO., KANNUR-2. 4. DISTRICT EDUCATIONAL OFFICER, KANNUR.PO., KANNUR-2. 5. ASSISTANT EDUCATIONAL OFFICER CHOKLI, KANNUR. 6. MANAGER, PULLIYANAMBRAM MUSLIM U.P. SCHOOL, PO.PULIYANAMBRAM, VIA.PERINGATHUR, KANNUR. 7. M.DEVADASAN, TEACHER-IN-CHARGE, PULIYANAMBRAM MUSLIM U.P.SCHOOL PO.PULIYANAMBRAM, VIA.PERINGATHUR., KANNUR. BY SR. GOVT. PLEADER SRI.A.J.VARGHESE FOR 1 TO 5 ADV. SRI.T.R.JAGADEESH FOR R6 SRI.KALEESWARAM RAJ FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 2932 of 2009-Y ------------------------------ Dated this the 1st day of April, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 5, Sri.T.R.Jagadeesh, the learned counsel appearing for the sixth respondent and Sri.Kaleeswaram Raj, the learned counsel appearing for the seventh respondent. 2. The petitioner and the seventh respondent are teachers working in the sixth respondent’s school. The post of Headmaster in the school fell vacant on 1.5.2008. Even before that vacancy arose, the petitioner staked his claim for appointment as Headmaster by submitting Ext.P4 representation dated 22.3.2008 before the sixth respondent Manager. The Manager however appointed the seventh respondent as Headmaster with effect from 1.5.2008 and forwarded the appointment order to the Assistant Educational Officer, Chokli, for approval. The petitioner thereupon submitted Ext.P6 representation dated 22.7.2008 to the Assistant Educational Officer, Chokli, objecting to the seventh respondent’s appointment. He thereafter filed W.P.(C) No.26315 of 2008 in this Court. By Ext.P7 judgment delivered on 1.9.2008 this Court directed the Assistant Educational Officer, Chokli to consider Ext.P6 W.P(C) No. 2932 of 2009-Y 2 representation and pass orders thereon, after affording the petitioner and respondents 6 and 7 an opportunity of being heard. Pursuant to the directions issued by this Court, the Assistant Educational Officer, Chokli heard the parties on 13.11.2008 and passed Ext.P8 order dated 14.11.2008 upholding the petitioner’s claim. The Assistant Educational Officer held that the petitioner is the senior most claimant for the post of Headmaster which fell vacant on 1.5.2008. Consequently, by Ext.R7(a) order passed on 15.11.2008, the Assistant Educational Officer declined to approve the seventh respondent’s appointment as Headmaster. 3. After Ext.P8 and R7(a) orders were passed, the petitioner submitted Ext.P9 representation dated 15.12.2008 before the Manager, requesting him to implement Ext.P8. He also moved the Assistant Educational Officer by submitting Ext.P10 representation dated 17.12.2008 to issue a direction to the Manager to implement Ext.P8. This writ petition was thereafter filed on 27.1.2009, seeking implementation of Ext.P8. 4. The seventh respondent has filed a counter affidavit wherein he has stated that he has filed Ext.P7(b) appeal dated 10.12.2008 before the District Educational Officer challenging Ext.P7(a) order declining to approve his appointment. The learned counsel appearing for the seventh respondent submits that under Rule 8(5) of Chapter XIV A of the KER, the seventh respondent has a right of appeal from the order passed by the W.P(C) No. 2932 of 2009-Y 3 Assistant Educational Officer declining to approve his appointment and as the seventh respondent has invoked that remedy the petitioner cannot seek or be granted the reliefs prayed for in the writ petition. 5. Ext.P8 order upholding the petitioner’s claim and Ext.P7(a) order declining to approve the seventh respondent's appointment have been challenged in appeal by the seventh respondent before the District Educational Officer. Therefore it cannot be said that Ext.P8 and P7(a) have attained finality. Ext.P8 order was passed on 14.11.2008 and Ext.P7 (a) order was passed on 15.11.2008. In these circumstances, I am of the opinion that the petitioner will have to await the outcome of the appeal before seeking the reliefs prayed for in this writ petition. Accordingly, I dispose of this writ petition with the following directions: i) The District Educational Officer, Kannur shall consider and pass orders on Ext.R7(b) appeal dated 10.12.2008 filed by the seventh respondent challenging Ext.R7(a) order dated 15.11.2008 and also the appeal filed by the seventh respondent from Ext.P8 order dated 14.11.2008 after notice to and affording the petitioner and respondents 6 and 7 a reasonable opportunity of being heard. Since the issue relates to appointment to the post of Headmaster, the District Educational Officer shall pass final orders in the matter within a period of three months from the date of receipt of a certified copy of this judgment. ii) The petitioner shall in order to enable the District Educational W.P(C) No. 2932 of 2009-Y 4 Officer to pass orders as directed above produce before him a copy of this writ petition and also a copy of the counter affidavit filed by the seventh respondent along with a certified copy of this judgment. iii) The District Educational Officer shall within two weeks from the date of receipt of a certified copy of this judgment forward to the petitioner a copy of the appeal filed by the seventh respondent from Ext.P8. iv) The District Educational Officer shall after orders are passed on the appeal, communicate the order to the petitioner and respondents 6 and 7 simultaneously. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge