IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17650 of 2009(A) ---------------------------------------- PETITIONER(S): ----------------------- AJITHA MERARD (U.P.S.A), FRANCIS VILLA, MANAKKARA, SASTHAMKOTTA, KOLLAM DISTRICT. BY ADVS. MR.P.J.MATHEW, MR.K.B.ARUNKUMAR. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. MANAGER, HIGH SCHOOL FOR BOYS AND GIRLS, THEVALAKKARA, KOLLAM DISTRICT. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17650 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The petitioner herein was appointed as U.P.S.A with effect from 02.08.2008 in the High School for Girls, Thevalakkara in Kollam Educational District. Exhibit P1 is the copy of the order of appointment. The appointment was made in a regular vacancy which arose due to the promotion of Smt.Sreekala, U.P.S.A as H.S.A (Maths) to Boys High School, Thevalakkara. The 3rd respondent rejected the approval holding that the appointment of Smt.Ajitha Merad namely, the petitioner with effect from 02.08.2008 is received in the office only on 06.10.2008. 2. Presently, the petitioner has obtained another job as U.P.S.A part time language teacher (Sanskrit) through P.S.C and was relieved from the High School for Girls, Thevalakkara from 01.06.2009. But, the petitioner submits that the appointment in the aided school ought to have been approved and the restrictions imposed by Exhibit P5 Government Order dated W.P.(C) No.17650/2009 2 10.06.2008 are no longer enforcible in the light of the decision of a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604). 3. The Manager has filed an application for condonation of delay before the 2nd respondent as contemplated in the proviso to Rule 8(1) of Chapter XIV-A of Kerala Education Rules. The said application is produced as Exhibit P4 in the writ petition. There will be a direction to the 2nd respondent to consider and pass orders on Exhibit P4 in accordance with law within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment of the Division Bench referred to above before the 2nd respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp