IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34043 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------ MR.SAJIMON.E.J., S/O.E.A.JOSE, ELLIMOOTTIL HOUSE, VEMOM .P.O., MANANTHAVADY, WAYANAD DISTRICT. BY ADVS. SRI.NIRMAL. S., SMT.VEENA HARI. RESPONDENT(S): --------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KALPETTA, MANANTHAVADY POST, WAYANAD DISTRICT - 673 121. 2. MANAGER, SACRED HEART HSS, NALLOORKAD, MANANTHAVADY POST, WAYANAD - 673 121. 3. THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM PO., 695 001. R1 & R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.34043 OF 2010 ------------------------------ Dated this the 19th day of November, 2010 JUDGMENT As per Ext.P1 appointment order dated 1.6.2009, the petitioner was appointed as HSA(English) in Sacred Heart Higher Secondary School, Dwaraka, Mananthavady. The proposal for approval was forwarded by the Manager to the District Educational Officer. The Manager also sent Ext.P3 reminder to the District Educational Officer. It is submitted that the petitioner had submitted a representation before the District Educational Officer. The petitioner filed WP(C) No.10873 of 2010, which was disposed of as per Ext.P4 judgment dated 30th March, 2010, the operative portion of which reads as follows: “In the facts and circumstances of the case, I dispose of this Writ Petition with a direction to the first respondent to consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after W.P.(C).No.34043 OF 2010 2 affording an opportunity of being heard to the petitioner as well as the Manager of the School.” 2. Thereafter, the District Educational Officer passed Ext.P5 order dated 11.5.2010, rejecting the proposal for approval of the appointment of the petitioner on the ground that the appointment of the Manager was not approved. Ext.P5 is under challenge in this Writ Petition. 3. It is stated in the Writ Petition that subsequently, as per Order No.A4 618/10 dated 19.6.2010, the District Educational Officer approved the second respondent as the Manager. It is also submitted that, while passing Ext.P5 order, the District Educational Officer did not afford an opportunity of being heard to the petitioner, disregarding the direction in the judgment in WP(C) No.10873 of 2010. 4. The learned Government Pleader submitted that before passing Ext.P5 order, the petitioner W.P.(C).No.34043 OF 2010 3 was not afforded an opportunity of being heard. It is submitted that the District Educational Officer passed Ext.P5 order in the normal course of disposing of the proposals for approval of appointments and Ext.P4 judgment was not brought to his notice. 5. In view of the fact that the District Educational Officer did not issue notice to the petitioner, before passing Ext.P5 order, as directed in Ext.P4 judgment, and in view of the subsequent developments of approval of the Manager by the District Educational Officer, I am of the view that the District Educational Officer can be directed to consider the matter afresh. Accordingly, the Writ Petition is allowed and Ext.P5 order passed by the District Educational Officer is quashed. The District Educational Officer shall consider and dispose of the matter afresh after taking into account the approval of W.P.(C).No.34043 OF 2010 4 the selection of the second respondent as the Manager and after affording an opportunity of being heard to the petitioner. The District Educational Officer shall dispose of the matter within a period of one month from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the District Educational Officer. K.T.SANKARAN, JUDGE. cms