IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 8555 of 2009(L) --------------------------------------- PETITIONER(S): ------------------------- THE MANAGER, ST.GEORGE'S HIGH SCHOOL, PUTTEKKARA, ANJOOR P.O., MUNDOOR, THRISSUR DISTRICT-680 549. BY ADV.MR.VARGHESE C.KURIAKOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARAIT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER, THRISSUR. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8555/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD.11/05/2007 ISSUED BY THE 4TH RESPONDENT. P2: COPY OF THE GOVT.ORDER G.O.(P) 104/208/G.EDN. DTD.10/06/2008. P3: COPY OF THE GOVERNMENT ISSUED GO(P) NO.169/2004-GEN.EDN. DTD. 15/06/2004. P4: COPY OF THE APPOINTMENT ORDER OF SMT.JULY LILLY M.A., B.Ed AS HSA MALAYALAM. P5: COPY OF THE FORWARDING NOTE DTD. 23/06/2008. P6: COPY OF THE REJECTION ORDER DTD. 22/09/2008. P7: COPY OF THE APPEAL TO THE 3RD RESPONDENT ON 30/09/2008. P8: COPY OF THE ORDER DTD. 28/02/2009 PASSED BY THE 3RD RESPONDENT. P9: COPY OF THE APPEAL PETITION TO THE DIRECTOR OF PUBLIC INSTRUCTIONS. P10: COPY OF THE JUDGMENT DTD. 06/04/2009 IN WPC.NO.25176/2008 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.8555 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2009. JUDGMENT The petitioner herein is the manager of St. George High School, Puttekkara, Thrissur District. The main relief sought for in the writ petition is to quash Ext.P2 Government Order dated 10.6.2008 and Ext.P3 Government Order dated 15.6.2004 in so far as they restrict the approval of appointment only on daily wage basis. By Ext.P6, the District Educational Officer has rejected the approval in respect of appointment of one Smt. Julie Lilly K. with effect from 23.6.2008. 2. The validity of Ext.P2 Govt. Order was adjudicated by a Division Bench of this court in the decision in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). It was held that the same cannot be enforced without amending the Rules. It was further held that if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. In such cases, even if there is some delay in making the appointment, such appointment will have to be approved. In the light of the above, the writ petition is disposed of. Ext.P6 is quashed. There will be a direction to the District Educational Officer to wpc 8555/2009 2 reconsider the matter in the light of the judgment referred to above, within a period of six months from the date of receipt of a copy of this judgment. (T.R. Ramachandran Nair, Judge.) kav/