IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6672 of 2010(H)
1. K.P.KHAMARUNNISA, HSA(ARABIC)
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER, P.T.M.YATHEEMKHANA H.S.S.
For Petitioner :SMT.S.KARTHIKA
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/03/2010
O R D E R
S. Siri Jagan, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
W.P(C) No. 6672 of 2010
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
Dated this, the 2nd day of March, 2010.
J U D G M E N T
The petitioner’s appointment as a H.S.A (Arabic) in the 5th
respondent’s school with effect from 25-10-2004 was refused to be
approved by the educational authority for want of appointment of a
protected teacher under the Government Orders in force. The
challenge against the refusal to approve the appointment ended in
Ext. P2 order of the Government rejecting the claim of the petitioner
and the manager of the school. The petitioner now submits that
subsequently, a vacancy has arisen in which the manager submitted
Ext. P5 expressing his willingness to appoint a protected teacher in
that vacancy. In the light of the same, the petitioner filed Ext. P6
petition before the Government seeking appropriate reliefs in respect
of the approval of the appointment of the petitioner in the light of the
readiness of the manager to appoint a protected teacher in the
vacancy which has arisen. The petitioner now seeks a direction to the
1st respondent to consider and pass orders on Ext. P6 expeditiously.
2. I have heard the learned Government Pleader also.
3. I am of opinion that since the manager has expressed his
willingness to appoint a protected teacher in the vacancy which has
arisen now, it is only appropriate that the 1st respondent considers
Ext. P6 appropriately notwithstanding the earlier order, Ext. P2 on the
subject.
Accordingly, the writ petition is disposed of with a direction to
the 1st respondent to consider and pass orders on Ext. P6 as
expeditiously as possible, at any rate, within three months from the
W.P.C. No. 6672/2010 -: 2 :-
date of receipt of a copy of this judgment, after affording an
opportunity of being heard to the petitioner as well as the manager of
the school.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.