IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 20488 of 2011(I) -------------------------- PETITIONER: --------------- A.P.HASEENA W/O.HAMSAKUTTY, AGED 36 YEARS, JUNIOR ARABIC TEACHER, A.M.U.P.SCHOOL, AKALAD CHAVAKKAD, THIRISSUR DISTRICT-680518 BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506 3. THE MANAGER, A.M.U.P.SCHOOL, AKALAD CHAVAKKAD, THRISSUR DISTRICT-680518 BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.20488/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.RA(2)39904/10/DPI/K.DIS OF THE JOINT DIRECTOR OF PUBLIC INSTRUCTION DT.16.5.11 EXT.P2: COPY OF INTERIM ORDER IN W.P.(C)NO. 2449/11 DT.28.1.11 EXT.P3: COPY OF BOND EXECUTED BY THE MANAGER DT.10.2.11. EXT.P4: COPY OF BOND EXECUTED BY THE MANAGER DT.17.5.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.20488 Of 2011-I -------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 J U D G M E N T This is a case where the petitioner, a Junior Arabic Teacher is seeking for a direction to the second respondent to approve the appointment in the light of Exhibit P3 declaration submitted by the Manager. She was appointed in a retirement vacancy on 5.6.2006. From 1.6.2007 additional vacancies were also there in the category of Junior Arabic Teacher which is evident from Exhibit P1 order. It is pointed out that there is no legal impediment in approving the appointment of the petitioner. 2. Already this Court by interim order in W.P.(C)No.2949/11 has directed the Assistant Educational Officer to consider the question of approval of appointment by the Manager executing a bond. Exhibit P3 is the copy of the bond executed by the Manager. The same has been notarised also. 3. Exhibit P4 is a copy of the bond executed in Malayalam. 4. Evidently, no conditions have been put by the Manager either in Exhibit P3 or in Exhibit P4. He has declared that he is ready to abide by the conditions stipulated in G.O.(P)No.10/10/Fin. dated 12.1.2010. Therefore, it is not clear why the Assistant Educational W.P.(C)No.20488/11 -2- Officer has not accepted the same and approved the appoint of the petitioner. 5. Heard the learned Government Pleader. 6. It is submitted by the learned Government Pleader that both the originals of Exhibits P3 and P4 have been received. 7. Evidently, the matter has been delayed too far since even by Exhibit P2 interim order dated 28.1.2011 this Court directed the Assistant Educational Officer to consider the grant of approval. It does not appear that the Officer wanted the Manager to cure any defects also. 8. Therefore there will be a direction to the 2nd respondent to consider the proposal for approval of appointment of the petitioner in the light of originals of Exhibits P3 and P4 bonds and pass appropriate orders within three weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn