IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 8685 of 2009(E) ------------------------- PETITIONER(S): --------------- A.V.ABHAYA, D/O.K.VIJAYAN, AGED 19 YEARS, CHAMAVILA VEEDU, KONGUMCODE, ELLUVILA, TRIVANDRUM 695 504. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION KILLIPPALAM, TRIVANDRUM. 4. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, TRIVANDRUM DISTRICT. 5. THE MANAGER, V.P.M.HIGH SCHOOL, VELLARADA, TRIVANDRUM DISTRICT. 6. THE HEADMASTER, V.P.M.HIGH SCHOOL, VELLARADA, TRIVANDRUM DISTRICT. 7. SRI.G.RAJESH KUMAR, FULL-TIME MENIAL (NOT APPROVED), V.P.M.HIGH SCHOOL, VELLARADA, TRIVANDRUM DISTRICT. BY GOVT. PLEADER SMT. M.R SREELATHA FOR R1 TO R4 SRI.M.R.RAJESH FOR R5 SMT.A.K.PREETHA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8685 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE OF THE DECEASED FATHER OF THE PETITIONER EXT.P2: TRUE COPY OF THE REQUEST OF THE MOTHER OF THE PETITIONER EXT.P3: TRUE COPY OF THE S.S.L.C OF THE PETITIONER EXT.P4: TRUE COPY OF THE LETTER OF THE PETITIONER'S MOTHER BEFORE THE 4TH RESPONDENT EXT.P5: TRUE COPY OF THE -DO- -DO- BY THE PETITIONER EXT.P6: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.PC NO.33309/2008-M EXT.P7: TRUE COPY OF THE ORDER NO.B2/7749/08/K.DIS. OF THE DISTRICT EDUCATINAL OFFICER /TRUE COPY/ P.A TO JUDGE T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.8685 of 2009 -------------------------- Dated this the 23rd November,2009 J U D G M E N T The petitioner herein is aggrieved by the non- implementation of Ext.P7 order passed by the District Educational Officer. As per Ext.P7, the District Educational Officer rejected the proposal to appoint one Sri.Rajesh Kumar, the 7th respondent herein after finding that the petitioner is the better claimant for the post. 2. Learned counsel appearing for the Manager submitted that he has already filed an appeal before the 3rd respondent and orders are awaited in the matter. 3. Therefore, there will be a direction to the 3rd respondent to take a decision on the appeal filed by the Manager against Ext.P7, if the same is pending, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner and respondents 5 and 7. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma 2 3