IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33861 of 2010(G) -------------------------- PETITIONER(S): --------------- ABDUL GAFOOR M.P ARABIC TEACHER,PULINHOLI SB SCHOOL, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA 673 101. 3. THE ASSISTANT EDUCATIONAL OFFICER, VATAKARA 673 101. 4. THE MANAGER, PULINHOLI SB SCHOOL, NUT STREET PO, VATAKARA 673 101. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.33861 of 2010 --------------------------------------------- Dated this the 18th day of November, 2010 JUDGMENT The case of the petitioner is that when a vacancy of Arabic Teacher (Part Time) arose in Pulinholi SB School during the academic year 2002-2003, the petitioner was appointed in that vacancy. The Assistant Educational Officer declined approval on the ground that one P.P.Khadeeja, Arabic Teacher (Full Time) had to be absorbed in the vacancy. P.P.Khadeeja was working in Government School on protection after deployment from Pulinholi SB School. Khadeeja filed W.P.(C) No.25163 of 2004 challenging the cancellation of deployment. In that Writ Petition, an interim stay was granted and Khadeeja continued in the Government School as deployed. The Manager filed I.A.No.16223 of 2004 in W.P.(C) No.25163 of 2004 for granting permission to appoint an Arabic Teacher in the school. It is stated that the I.A. was allowed and the Manager appointed the WPC No.33861/2010 2 petitioner provisionally and subject to the result of the Writ Petition. The petitioner was appointed, as per the permission granted by this Court, as per Exhibit P2 appointment order dated 1.2.2005. For the next academic year, the petitioner was appointed as per Exhibit P3 order from 1.6.2005 onwards. The Assistant Educational Officer rejected the proposal for approval of appointment order as per the order dated 5.4.2005 (Exhibit P4). The Manager filed an appeal before the District Educational Officer challenging Exhibits P3 and P4 orders. The appeal was dismissed by the District Educational Officer as per Exhibit P6 order dated 3.2.2009. Against Exhibit P6 order, the Manager filed Exhibit P7 revision before the Government. Exhibit P7 revision was rejected by Exhibit P8 order dated 26.6.2010. The reason stated for rejection of the revision was that the petitioner was appointed on temporary basis subject to the result of Writ Petition and that the said Writ Petition was not disposed of. Learned Counsel for the petitioner WPC No.33861/2010 3 submitted that the Writ Petition referred to in Exhibit P8 order is W.P.(C) No.25163 of 2004 filed by P.P.Khadeeja. W.P.(C) No.25163 of 2004 was subsequently disposed of as per Exhibit P9 judgment dated 11th August, 2010 on the ground that the Writ Petition had become infructuous. 2. Since W.P.(C) No.25163 of 2004 was dismissed, the Manager submitted Exhibit P10 Review Petition before the Government. Exhibit P10 is pending disposal. The reliefs prayed for in the Writ Petition are the following : “(a) issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P4 order of the third respondent and Exhibits P5 and P6 orders of the second respondent and Exhibit P8 order of the first respondent and (b) issue a writ of mandamus or any other appropriate writ, order or direction directing the third respondent to approve the appointment of the petitioner pursuant WPC No.33861/2010 4 to Exhibits P2 and P3 appointment orders for the periods from 1.2.2005 to 31.3.2005 and from 1.6.2005 to 31.5.2006 with all consequential benefits and within a time frame to be fixed by this Hon'ble Court or (c) issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to consider and pass orders on Exhibit P10 review petition taking into account Exhibit P9 judgment of this Hon'ble Court and (d) issue such other orders as this Hon'ble Court may deem fit to grant.” 3. The learned counsel for the petitioner submitted that the only ground on which the revision filed by the Manager was dismissed by the Government was that Writ Petition No.25163 of 2004 is pending. Subsequently, that Writ Petition was disposed of as per Exhibit P9 judgment. Therefore, it is highly necessary for the Government to reconsider the matter. Though Exhibit P10 Review WPC No.33861/2010 5 Petition filed by the Manager is pending, it is submitted that technically speaking, since Exhibit P10 order is not an original one, a review petition may not be maintainable. Therefore, it is submitted that Exhibit P8 order may be quashed with a direction to consider the matter afresh by the Government. In the facts and circumstances of the case, Exhibit P8 order is quashed. The first respondent shall consider the matter afresh taking into account the disposal of W.P.(C) No.25163 of 2004 and all other relevant facts and circumstances of the case, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall also send copy of the Writ Petition and a WPC No.33861/2010 6 copy of the judgment to the fourth respondent Manager by registered post and he shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl Period “1/6/2005 to 31/5/2006”, mentioned in paragraph 2(b) at page 3 of the judgment dated 18/11/2010 in W.P.(C) No.33861/2010 is corrected as “01/06/2005 to 31/05/2007”, as per order dated 22.12.2010 in I.A.No.17218/2010. Sd/- Registrar (Judicial)