High Court Kerala High Court

Girija R vs State Of Kerala on 16 February, 2009

Kerala High Court
Girija R vs State Of Kerala on 16 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4079 of 2009(I)


1. GIRIJA R,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF PUBLIC INSTRUCTIONS,

3. DEPUTY DIRECTOR OF EDUCATION,

4. DISTRICT EDUCATIONAL

5. ASSISTANT EDUCATIONAL OFFICER,

6. THE MANAGER, ABUP SCHOOL,

7. SOUMYA V, D/O. VELUKUTTY C.A.,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :SRI.U.BALAGANGADHARAN

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :16/02/2009

 O R D E R
                             P.N.Ravindran, J.
                          ==================
                         W.P.(C) No.4079 of 2009
                        =====================

               Dated this the 16th day of February, 2009.

                               JUDGMENT

The petitioner had formerly worked as Hindi Teacher in A.B.U.P.

School managed by the sixth respondent during the period from

2.7.2003 to 17.9.2003. A vacancy of Sanskrit Teacher arose in the sixth

respondent’s school on 31.3.2008. The petitioner who possesses the

qualifications for appointment as Sanskrit Teacher claimed appointment

in the said vacancy as a Rule 51A claimant. The sixth respondent

however appointed the seventh respondent as Sanskrit Teacher. That

appointment was not approved by the Assistant Educational Officer,

Kuzhalmannamm who by Ext.P2 order dated 14.9.2008 directed the

Manager to appoint the petitioner as Sanskrit teacher. The Manager filed

an appeal before the District Educational Officer challenging Ext.P2 and

the seventh respondent filed a revision petition before the Director of

Public Instruction challenging Ext.P2.

2. The petitioner had in the meanwhile filed W.P.(C) No.16885 of

2008 in this Court seeking implementation of Ext.P2. By Ext.P3 judgment

delivered on 24.11.2008 this Court disposed of the Writ Petition with a

direction to the District Educational Officer to consider and pass orders

on the appeal filed by the Manager after hearing all the parties. This

WP(C) 4079/09 -: 2 :-

Court further directed that since the appellate authority has been

directed to consider the appeal, the revisional authority, namely, the

Director of Public Instruction need not consider the revision petition

filed by the seventh respondent.

3. As directed by this Court, the District Educational Officer heard

the parties and passed Ext.P4 order dated 12.1.2009 upholding the

appointment of the seventh respondent. The petitioner has aggrieved

thereby filed Ext.P5 revision petition before the Secretary to Government,

General Education Department under Rule 92 of Chapter XIV A of the

Kerala Education Rules. In this Writ Petition, the petitioner challenges

Ext.P4 and prays for a writ in the nature of mandamus commanding

respondents 1 to 6 to appoint her as Full-time Sanskrit Teacher in the

vacancy that arose on 31.3.2008 in the place of the seventh respondent.

4. I have considered the submissions made at the Bar by the

learned counsel appearing for the petitioner and the learned counsel

appearing for the seventh respondent. The learned counsel appearing for

the seventh respondent submits that as the petitioner has invoked a

statutory remedy available to her, this Court cannot at this stage

entertain this Writ Petition and adjudicate upon the disputes involved in

the Writ Petition. Since the petitioner has already invoked the revisional

jurisdiction of the Government and challenged Ext.P4 order passed by

the District Educational Officer by filing Ext.P5 revision petition, I am of

the opinion that the petitioner should pursue the said remedy instead of

WP(C) 4079/09 -: 3 :-

seeking the intervention of this Court at this stage to pronounce on the

validity of Ext.P4.

I accordingly dispose of the Writ Petition with a direction to the

Secretary to Government, General Education Department to pass final

orders on Ext.P5 revision petition after notice to and affording the

petitioner and respondents 6 and 7 an opportunity of being heard. Final

orders in the matter shall be passed within four months from the date on

which the petitioner produces a certified copy of this judgment before

the Secretary to Government, General Education Department. I make it

clear that I have not expressed any opinion on the merits of the rival

contentions and that it will be open to the Secretary to Government to

decide the issue in accordance with law. It is also clarified that in the

meanwhile if the seventh respondent’s appointment is approved, it will

be subject to the order passed by the Government on Ext.P5.

The Writ Petition is disposed of as above.

P.N.Ravindran,
Judge.

ess 26/2