IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 19163 of 2009(M) --------------------------------------- PETITIONER(S): ---------------------- P.B.SAJITH,S/O.P.V.BALAKRISHNAN, PERUMBAL VADAKKEPURACKAL, NANNAMMUKKU.P.O, KALLURMA, MALAPPURAM(HIGH SCHOOL ASSISTANT (ENGLISH), VALANCHERRY HIGHER SECONDARY SCHOOL,TIRUR, MALAPPURAM). BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION,OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR(EDUCATION),OFFICE OF THE DEPUTY DIRECTOR(EDUCATION),MALAPPURAM. 4. DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,TIRUR. 5. MANAGER,VALANCHERY HIGHER SECONDARY SCHOOL,VALANCHERRY,MALAPPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19163 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of July, 2009 JUDGMENT Heard Sri. S.Shbhash Chand, the learned counsel appearing for the petitioner and Sri. Muhamood T.T., the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner is a teacher working in the fifth respondent's school. He was initially appointed as High School Assistant (English) by Ext.P3 order dated 5-6-2006 in a leave vacancy for the period from 1-4- 2005 to 31-3-2010. The said appointment was approved by the District Educational Officer, Tirur for the period from 17-7-2006 to 31-3-2010 or till the teacher on leave rejoins duty. While the petitioner was thus continuing in service, a regular vacancy of a High School Assistant arose on the promotion of High School Assistant as Headmaster. In the said regular vacancy the petitioner was appointed by Ext.P1 order dated 18-6- 2007. By Ext.P2 order passed on 28-7-2008 the District Educational Officer, Tirur declined to approve the said appointment. The petitioner challenged the said order in appeal before the Deputy Director of Education, W.P.(C) No. 19163/09 2 Malappuram. By Ext.P5 order dated 12-12-2008 the appeal was rejected. The petitioner thereupon moved the Director of Public Instruction in revision under rule 8A of Chapter XIVA of the Kerala Education Rules. By Ext.P8 order passed on 3-4-2009 the Director of Public Instruction rejected the revision petition on the ground that the petitioner cannot be accommodated in the vacancy that arose on 18-6-2007. Aggrieved by Ext.P8 to the extent it declines to approve the petitioner's appointment under Ext.P1, he has filed Ext.P9 revision petition before the Government under rule 92 of Chapter XIVA of the Kerala Education Rules. In this writ petition the petitioner challenges Exts.P2, P5 and P8 orders. He also seeks a writ in the nature of mandamus commanding the respondents to approve his appointment as High School Assistant under Ext.P1 order of appointment. 3. The pleadings disclose that the petitioner has moved the Government under rule 92 of Chapter XIV of the Kerala Education Rules. Under the provisions of the Kerala Education Rules the Government have the power to approve his appointment even in relaxation of the Rules. Therefore, as the petitioner has moved the Government in revision, he should pursue the said remedy instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with a direction to the W.P.(C) No. 19163/09 3 Secretary to Government, General Education Department to consider Ext.P9 revision petition and pass orders thereon after affording the petitioner, the fifth respondent and any other teacher who is likely to be affected by the outcome of the revision petition, a reasonable opportunity of being heard. The Secretary to Government shall pass an order giving reasons in support of his conclusions and shall have due regard to Ext.P10 Government order while passing orders on Ext.P9 revision petition. Final orders on Ext.P9 shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment along with copy of the writ petition before the Secretary to Government, General Education Department. The Government shall after orders are passed, communicate a copy thereof to the petitioner and the fifth respondent. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.