IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 22392 of 2010(Y) -------------------------- PETITIONER: --------------- NIJIMOL GEORGE, D/O K.E.GEORGE, KAVANMOLEL HOUSE, POOTHIKKA P.O., PUTHEN CRUZ, ERNAKULAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT: --------------- THE DIRECTOR, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) 22392 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010 J U D G M E N T The petitioner was appointed as a Non-vocational Higher Secondary Teacher in St.Peter's Vocational Higher Secondary School, Kolencherry in the leave vacancy of one Sini Abraham from 8.9.2004 to 14.6.2009. The said appointment was approved by the respondent as per order dated 14.3.2006. While so, the said Sini Abraham requested for extension of leave from 15.6.2009 to 14.6.2014. The said request of Smt. Sini Abraham for extension of Leave Without Allowance was sanctioned as per Ext.P1. Consequently, as per Ext.P3 the Manager of the school extended the term of appointment of the petitioner from 15.6.2009 to 14.6.2014. The said order was forwarded to the respondent for approval along with Ext.P4 requisition. The same was returned by the respondent as per Ext.P5. Subsequently, the respondent has issued Ext.P8 dated 29.4.2010. A perusal of Ext.P8 would reveal that the pendency of the managerial dispute is the reason for declining approval of appointment of the petitioner WPC 22392/2010 2 effected as per Ext.P3 order dated 19.6.2009. Feeling aggrieved by Ext.P8, the petitioner has again approached the respondent by filing Ext.P9 representation dated 21.5.2010. In essence, the contention raised therein is that the managerial dispute cannot be assigned as a reason for rejecting the approval of appointment of the petitioner especially in the light of Ext.P7. However, the respondent issued Ext.P10 intimating the petitioner that the question of approval of extension of the appointment of the petitioner as non-vocational teacher in English has been kept in abeyance for the time being for want of finalisation of the appointment of the Manager in St.Peter's Vocational Higher Secondary School Kolenchery. 2. A statement has been filed in this writ petition on behalf of the respondent. It would reveal that the faction fight for the managership of the school is the reason for non- approval of the proposal made as per Ext.P3. Apprehension of loss to the exchequer is also made thereunder. Admittedly, the provisions under the Kerala Education Rule relating approval of appointments are applicable to Higher Secondary Schools. Once the provisions under the KER relating the said WPC 22392/2010 3 subject is made applicable to the Higher Secondary Schools, the respondents are bound to consider the request for proposal made as per Ext.P3 in the light of the specific provisions under Rule 9 of Chapter XIV A of KER. Rule 9 of Chapter XIV A makes it clear that the approval of appointment of the teacher shall not be affected by any change in the educational agency or the manager. If that be the position, the reason assigned in Exts.P6 and P10 cannot stand in the way of consideration of the proposal relating the appointment of the petitioner as vocational higher secondary School teacher made as per Ext.P3 order No. SPHTCM/101/VHSS/2009 Dated 19.6.2009. I am fortified in my view by a Bench Decision of this Court in W.A No.2470 of 2005. In the light of the aforesaid position obtained in this case, I am of the considered view that the reason assigned as per Exts.P6 and P10 cannot be sustained and consequently, Exts.P6 and P10 are set aside. Consequently there will be a direction to the respondent to consider the question of approval of the proposal for extension of appointment of the petitioner as vocational higher secondary school teacher made as per Ext.P3 order No. SPHTCM/101/VHSS/2009 dated WPC 22392/2010 4 19.6.2009, in accordance with law. This shall be done within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge