IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17650 of 2009(A)
1. AJITHA MERARD (U.P.S.A), FRANCIS VILLA,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. MANAGER, HIGH SCHOOL FOR BOYS AND GIRLS,
For Petitioner :SRI.P.J.MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.17650 OF 2009
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Dated this the 25th day of June, 2009.
J U D G M E N T
The petitioner herein was appointed as U.P.S.A with effect
from 02.08.2008 in the High School for Girls, Thevalakkara in
Kollam Educational District. Exhibit P1 is the copy of the order of
appointment. The appointment was made in a regular vacancy
which arose due to the promotion of Smt.Sreekala, U.P.S.A as
H.S.A (Maths) to Boys High School, Thevalakkara. The 3rd
respondent rejected the approval holding that the appointment of
Smt.Ajitha Merad namely, the petitioner with effect from
02.08.2008 is received in the office only on 06.10.2008.
2. Presently, the petitioner has obtained another job as
U.P.S.A part time language teacher (Sanskrit) through P.S.C and
was relieved from the High School for Girls, Thevalakkara from
01.06.2009. But, the petitioner submits that the appointment in
the aided school ought to have been approved and the
restrictions imposed by Exhibit P5 Government Order dated
W.P.(C) No.17650/2009 2
10.06.2008 are no longer enforcible in the light of the decision of
a Division Bench of this Court in Unni Narayanan vs. State of
Kerala (2009(2) KLT 604).
3. The Manager has filed an application for condonation of
delay before the 2nd respondent as contemplated in the proviso to
Rule 8(1) of Chapter XIV-A of Kerala Education Rules. The said
application is produced as Exhibit P4 in the writ petition.
There will be a direction to the 2nd respondent to consider
and pass orders on Exhibit P4 in accordance with law within a
period of two months from the date of receipt of a copy of this
judgment. The petitioner will produce a copy of the judgment of
the Division Bench referred to above before the 2nd respondent
for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp