IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10964 of 2011(U) -------------------------- PETITIONER ------------------- SINDHU GEORGE, W/O.REV.DANIEL M.JACOB, MATTATHU PUTHENVEEDU, MANJADITHARA, PALLICKAL NADUVILEMURI P.O., KAYAMKULAM.(HIGH SCHOOL ASSISTANT (NS), B.H. HIGHER SECONDARY SCHOOL, MAVELIKARA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA. 690001. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 690101 5. CORPORATE MANAGER, CMS SCHOOLS, CSI DIOCESE OF MADHYA KERALA, CATHEDRAL ROAD, KOTTAYAM- 686001. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.10964 OF 2011 --------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T The petitioner was appointed as per Ext.P1 order as UPSA in a vacancy which arose on 01.06.2005 which was approved by the District Educational Officer. The dispute is with regard to the declining of approval of appointment of the petitioner as H.S.A (Natural Science). It is pointed out that the Manager has filed an appeal against the same and the petitioner has filed a revision petition before the Government. Ext.P7(a) is the copy of the appeal filed by the Manager before the Deputy Director of Education. 2. It is pointed out by the learned counsel for the petitioner that actually a decision should be there on the part of the Government itself and therefore, the Government has been moved by the petitioner by filing a revision petition under Rule 8A of Chapter XIV A of KER. Under Rule 8A of Chapter XIV A KER, the order is appealable at the instance of the petitioner in the W.P.(C) No.10964/2011 2 light of sub rule 3 therein. The Manager has already exercised the right of appeal as evident from Ext.P7(a). Therefore, if the petitioner files an appeal against the order within a period of two weeks, the same will be heard along with Ext.P7(a) appeal filed by the Manager and the appeals will be disposed of within a period of two months. The petitioner and the Manager will be heard before disposal of the appeals. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp