JUDGMENT

Petitioner while working as Headmistress since

01.04.2017 in the Aided Secondary School under the management of the 4th respondent has approached this Court challenging the order Ext.P12 on the premise that despite having been appointed as Headmistress fulfilling the qualifications as per the Rule 44 and 44(A) of Chapter XIVA read with Rule 2 of Chapter XXXI of Kerala Education Rules and approval of the appointment was made vide order dated 27.09.2017, the 2nd respondent – Director of Public Instructions without notice cancelled the approval of appointment vide order dated 12.02.2018 Ext.P11. The aforementioned order is based on a Government Order and therefore filing of the Revision Petition and continuance thereof would be a farcical exercise.

2. On the other hand, Smt.Nisha Bose, learned Government Pleader submits that the impugned order Ext.P11 is not on the basis of any Government Order but based on the order of the District Education Officer. Revision Petition has not been decided owing to the fact that the writ petition is pending.

3. I have heard the learned counsel for the parties and apprised the paper book.

4. Concededly, as per the provisions of the Kerala Education Rules against the order of cancelling the approval of the appointment a statutory Revision Petition is maintainable, which has been availed of vide Ext.P13. Since the apprehension of the petitioner was that the impugned order is based upon the Government Order and therefore the revision petition would be only a formality, I am afraid the aforementioned apprehension is far-fetched and misplaced in as much as that Ext.P2 is not a Government Order but passed by an Education Officer. This Court while issuing notice had passed the following order:

The learned Govt. Pleader takes notice for R1-R3.

Urgent notice by speed post for R4.

The revision of the petition as Head Teacher is stayed.

The petitioner, however, can draw salary only applicable for HSA. The petitioner’s claim for scale of pay as Head Teacher

would depend upon the writ petition.”

Without prejudice to the rights of the petitioner, I dispose of the writ petition by issuing directions to the 3rd respondent to decide the revision petition as expeditiously as possible within a period of three moths from the date of receipt of the copy of this judgment. The interim order dated 11.12.2018 passed by this Court shall continue till its disposal.

Sd/-

AMIT RAWAL JUDGE

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APPENDIX OF WP(C) 40318/2018 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF HSA APPOINTMENT ORDER &

APPROVAL ORDER NO. B3/3644/2003/D.DIS DTD. 24.01.2004...............

EXHIBIT P2 PHOTOCOPY OF PROMOTION ORDER & APPROVAL ORDER NO. B3/2030/17/D.DIS DTD.

27.09.2017...............

EXHIBIT P3 PHOTOCOPY OF B.A (HINDI)DEGREE CERTIFICATE DT.

23.08.2000 ...............

EXHIBIT P4 PHOTOCOPY OF M.A (HINDI)DEGREE CERTIFICATE DT.23.11.2007 ...............

EXHIBIT P5 PHOTOCOPY OF ACHARYA TRAINING CERTIFICATE DATED

12.11.1992 ...............

EXHIBIT P6 PHOTOCOPY OF G.O.(MS) 150/88/G.EDN.

DATED 03.10.1988.

EXHIBIT P7 PHOTOCOPY OF B.ED DEGREE CERTIFICATE DATED 25.02.2014 ...............

EXHIBIT P8 PHOTOCOPY OF KPSC ACCOUNT TEST (LOWER)

CERTIFICATE DTD

17.05.2017...............

EXHIBIT P9 PHOTOCOPY OF KPSC KERALA EDUCATION ACT AND RULES CERTIFICATE DTD

17.05.2017 ...............

EXHIBIT P10 PHOTOCOPY OF ORDER NO.

B3/2127/DT.18.05.2017 OF R1 ....................

EXHIBIT P11 PHOTOCOPY OF ORDER NO.

ET1/96293/2017/K.DIS DATED

12.02.2018 ..............

EXHIBIT P12 PHOTOCOPY OF ORDER NO. B3/6758/2017 DATED 25.03.2018 ....................

EXHIBIT P13 PHOTOCOPY OF PETITIONERS REVISION PETITION DATED

19.06.2018 ..................