IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17656 of 2009(B)
1. RAZIA BHANU, AGED 24 YEARS,
... Petitioner
Vs
1. THE DISTRICT EDUCATIONAL OFFICER,
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE SECRETARY TO GOVERNMENT,
4. THE MANAGER, KELAPPAJI MEMORIAL
For Petitioner :SRI.K.SANEESH KUMAR
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.
---------------------------------------
W.P.(C) No.17656 OF 2009
---------------------------------------
Dated this the 25th day of June, 2009.
J U D G M E N T
The petitioner was appointed in the 4th respondent’s Higher
Secondary School in a vacancy that arose due to resignation of
one Abdul Gafoor Konjilath who was a High School Assistant
(Arabic) P.T. Department on temporary basis. She was
appointed on regular basis from 29.12.2008 onwards. Exhibit P1
is the copy of the order of appointment. The 1st respondent-
District Educational Officer, as per Exhibit P2, rejected the
approval of appointment of the petitioner in the light of G.O.(P)
No.104/2008/G.Edn dated 10.06.2008, which is produced as
Exhibit P3 herein. Exhibits P2 and P3 are challenged in this writ
petition.
2. The validity of Exhibit P3 Government Order was under
challenge in various writ petitions before this Court and a Division
Bench of this Court in Unni Narayanan vs. State of Kerala
(2009(2) KLT 604) has held in paragraph 7 that the offending
W.P.(C) No.17656/2009 2
conditions in Exhibit P2 Government Order cannot stand with the
statutory rules. Therefore, for enforcing them, the relevant rules
require amendment. As long as the rules are not amended,
Exhibit P2 cannot be pressed into service by the Government.
3. Finally in paragraph 12, the following directions were
issued:
“In the case of the writ petitioners in these
cases, orders, if any passed, approving their
appointments on daily wage basis, relying on Ext.P2
Government Order are quashed. All appointments,
whether pending approval or already rejected, shall
be considered/reconsidered by the Educational
Officers concerned and fresh orders shall be passed
in the light of the declaration of law made by us in
W.P.(C) No.25176 of 2008. The salary found due to
be paid to the incumbents concerned shall be
released immediately. The action in this regard
shall be completed within six weeks from the date
of production of a copy of this judgment”.
In the light of the above, Exhibit P2 is quashed. The District
Educational Officer will pass fresh orders in the light of the
directions issued by the Division Bench above which will govern
this case also. Appropriate orders shall be passed within a period
W.P.(C) No.17656/2009 3
of two months from the date of receipt of a copy of this
judgment. The petitioner will produce a copy of this judgment
along with copy of the judgment of the Division Bench referred to
above before the District Educational Officer for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp