IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8608 of 2009(U) ------------------------------------ PETITIONER(S): ----------------------- BUSHRA P.K., HIGHER SECONDARY SCHOOL TEACHER JR.(CHEMISTRY), FAROKE HIGHER SECONDARY SCHOOL, FAROKE COLLEGE PO, KOZHIKODE. BY ADV. MR.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIRAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE MANAGER, FAROKE HIGHER SECONDARY SCHOOL, FAROKE COLLEGE P.O., KOZHIKODE DISTRICT. SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.8608 of 2009 ===================== Dated this the 18th day of March, 2009. JUDGMENT Heard Sri. K.T. Shyam Kumar, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is presently working as Higher Secondary School Teacher in the third respondent's school. She was appointed with effect from 8.8.2001. The Government thereafter issued G.O.(MS) No.199/2003/G.Edn. dated 24.7.2003 directing that the service of Higher Secondary School Teachers who have not passed the State Eligibility Test, appointed during the period from 14.2.2001 to 12.11.2001 and continuing in service as on the date of the said Government order should be terminated. By Ext.P2 order dated 25.10.2003 the service of the petitioner was terminated. The stipulation in the Government order dated 24.7.2003 was quashed by this Court and it was held that the Higher Secondary School Teachers appointed during the period from 14.2.2001 to 12.11.2001 are entitled to have their appointments approved even if they have not passed the State Eligibility Test. Relying on the judgment of this Court, the petitioner moved the WP(C) 8608/09 -: 2 :- third respondent seeking reinstatement in service. When the third respondent did not reinstate her in service, the petitioner filed W.P.(C) No.24474 of 2005 in this Court. While the said writ petition was pending, the Manager re-appointed the petitioner as Higher Secondary School Teacher with effect from 22.12.2005. In view of the said development, this Court disposed of W.P.(C) No.24474 of 2005 by Ext.P3 judgment delivered on 5.2.2007 directing that when the Director of Higher Secondary Education takes up the question of approval, the question as to whether the petitioner is entitled to appointment from 8.8.2001 and whether she is entitled to notional appointment be considered. This Court also directed that a decision in the matter shall be taken within two months from the date of receipt of a copy of the judgment. 3. Though this Court had in Ext.P3 judgment directed the Director of Higher Secondary Education to consider whether the petitioner's appointment can be approved notionally with effect from 8.8.2001, the Regional Deputy Director of Higher Secondary Education, Kozhikode, approved the petitioner's appointment as Higher Secondary School Teacher with effect from 22.12.2005. The petitioner's grievance is that though the Director of Higher Secondary Education had addressed the Government in the matter, for want of a reply from the Government, the Director is not in a position to pass orders in the matter. The learned counsel appearing for the petitioner submits that in these circumstances, WP(C) 8608/09 -: 3 :- the Government may be directed to furnish their reply to the Director of Higher Secondary Education and the Director of Higher Secondary Education may be directed to pass orders in the matter, within a time limit to be fixed by this Court. 4. By Ext.P3 judgment, this Court had directed the Director of Higher Secondary Education to consider whether the petitioner is entitled to have her appointment approved with effect from 8.8.2001 on a notional basis. Ext.P3 judgment was delivered on 5.2.2007. More than two years have passed thereafter. In the meanwhile, the petitioner's appointment has also been approved on a regular basis with effect from 22.12.2005. In my opinion, the Government ought to have in the light of the directions issued by this Court in Ext.P3 judgment, replied to the queries raised by the Director of Higher Secondary Education in time. The failure of the Government to reply to the query raised by the Director of Higher Secondary Education has been set out as a reason in Ext.P5 letter dated 7.4.2008 for not passing orders in the matter. 5. The pleadings disclose that the Director of Higher Secondary Education is not in a position to take a decision in the matter for the reason that the Government are yet to reply to the clarifications sought by him. Ext.P3 judgment was delivered more than two years back. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to furnish the views of the Government to the Director in reply to the query raised by WP(C) 8608/09 -: 4 :- him. This shall be done within two months from the date of receipt of a certified copy of this judgment. The Director shall thereupon pass final orders in the matter within a further period of two months from the date of receipt of the clarification from the Government. P.N.Ravindran, Judge. ess