IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 27783 of 2009(P) --------------------------------------- PETITIONER: ------------------- SHEEBA MATHEW, W/O.JOSHI, RESIDING AT VATTAKUDIYIL, THAZHUVAMKUNNU P.O., KALLOORKKADU, MOOVATTUPUZHA. BY ADV. MR.B.MOHANLAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI. 4. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI. 5. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, ERNAKULAM. R1 TO R4 BY SR. GOVT. PLEADER SMT. M.R. SREELATHA, R5 BY ADV. MR.C.R.SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27783/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 22/10/2002 ISSUED BY THE R.5 TO THE PETITIONER. EXT.P.2: COPY OF THE ORDER NO.B3/6677/04/K. DIS. DTD. 17/11/2004 ISSUED BY THE R.4. EXT.P.3: COPY OF THE G.O.(P).NO:178/2002/G. EDN. DTD. 28/06/2002. EXT.P.4: COPY OF THE ORDER NO.B4/16645/02/K. DIS. DTD. 21/04/2003 ISSUED BY THE R.3. EXT.P.5: COPY OF THE ORDER NO.2905/A1/2006/G.1.EDN. DTD. 10/03/2006 ISSUED BY THE R.1. EXT.P.6: COPY OF THE ORDER NO.14056/H3/2007/G. EDN. DTD. 24/03/2007 ISSUED BY THE R.1. EXT.P.7: COPY OF THE G.O.(P).NO.169/2004/G. EDN. DTD. 15/06/2004 ISSUED BY THE R.1. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR EDUCATION AND THE R.1. DTD. 02/06/2008. EXT.P.9: COPY OF THE COMMUNICATION ISSUED BY THE MINISTER FOR EDUCATION FORWARDING EXT.P.8 TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27783/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2009 J U D G M E N T On the consent of the parties, the writ petition has been heard and is being disposed of. 2. The petitioner herein was appointed as H.S.A (Maths) in the St.Sebastian's High School, Purapuzha for the period from 22/10/2002 to 17/12/2002. Ext.P1 is the copy of the order of appointment. Even though an application for approval was submitted, that was rejected by the fourth respondent, as per Ext.P2 order, on the ground that the Management is duty bound to appoint a protected teacher. Reliance is placed on G.O.(P). No.178/2002/G.Edn., dated 28/06/2002. The fifth respondent preferred an appeal before the third respondent and the same was also rejected by Ext.P4. 3. The petitioner is relying upon Exts.P5 and P6 orders whereby approval of appointment of similarly situated teachers have been granted. The same is based on Ext.P7 G.O.(P).No.169/04/G.Edn., dated 15/06/2004. It is pointed out that going by Ext.P7, particularly, Sub Clause (3) of Clause (5) “all the appointments made against leave vacancies after 29/10/2001 in Aided Schools will be approved. if otherwise eligible as per the provisions of W.P.(C). No.27783/2009 -:2:- the K.E.R.” The petitioner therefore, filed Ext.P8 before the Honourable Minister for Education and Ext.P9 shows that the same stands transmitted to the Principal Secretary to the Government for appropriate action. The petitioner seeks for a direction to the Government to take a decision on Ext.P8. 4. Exts.P5 and P6 shows that the conditions in Ext.P7 Government Order have been applied in respect of similarly placed persons. Therefore, there will be a direction to the Government to take a decision on Ext.P8 after hearing the petitioner and the Manager and after considering the effect of Exts.P5 to P7 within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms