2013 Supreme(Online)(KER) 8971
HIGH COURT OF KERALA
P.N.RAVINDRAN, J
NASEERA K – Appellant
Versus
BHASIMA V M WO SADIQ ALI KALADY HOUSE PADOOR P O THRISSUR – Respondent
WRIT PETITION (CIVIL) 6796/2013
Administrative remedies must be pursued before approaching the court, particularly in education-related appointments under the Kerala Education Rules.
Headnote:
Appointment - Education - Kerala Education Rules - Chapter XIV-A
Fact of the Case:
The petitioner, appointed as HSA (Physical Science), challenges the District Educational Officer's disapproval of her appointment due to unapproved appointments of other HSAs, despite a favorable court judgment for one of them.
Finding of the Court:
The court found that the petitioner could seek redress through a revision petition under specific rules, rather than through the writ petition, indicating no grounds for entertaining the case as it stood.
Issues: Whether the petitioner's appointment as HSA (Physical Science) could be approved given the outstanding issues regarding other unapproved appointments.
Ratio Decidendi: The failure to appoint other HSAs does not affect the validity of the petitioner's appointment, and the court encouraged resolution through the appropriate administrative channels.
Final Decision: Writ petition dismissed; the petitioner directed to file a revision petition for redress.
JUDGMENT
The petitioner was appointed as HSA (Physical Science) by the third respondent Manager as per Ext.P1 appointment order dated 1.7.2011 in the vacancy of Smt.Radhamoney HSA (Physical Science) who was appointed as Head Master of the school with effect from 1.4.2011. The District Educational Officer, Chavakkad declined to approve the said appointment by Ext.P2 order dated 16.5.2012 on the ground that the Manager has not appointed Smt.V.M.Bhasima who had earlier approved service as HSA (Arabic). Yet another reason stated was that appointment of Smt.Lini K.R. as HSA (Mathematics) has also not been approved. Though the third respondent Manager filed an appeal before the Deputy Director of Education, Thrissur canvassing the correctness of Ext.P2 order, that appeal was rejected by Ext.P5 order dated 11.1.2013. In this writ petition the petitioner challenges Exts.P2 and P5 orders passed by the District Educational Officer, Chavakkad and the Deputy Director of Education, Thrissur respectively and seeks a direction to the District Educational Officer, Chavakkad to reconsider the application submitted by the third respondent Manager to approve her appointment with effect from 1.7.2011.
2. Relying on Ext.P4 judgment of this Court it is contended that this Court has directed the District Educational Officer, Chavakkad to approve the appointment of Smt.Lini K.R. as HSA (Mathematics) and therefore one of the reasons stated to reject the petitioner's appointment does not merit acceptance. It is also contended that by no stretch of imagination can it be said that the failure of the management to appoint an HSA (Arabic) will have any impact on the petitioner's appointment as HSA (Physical Science). In my opinion, this is a matter which the petitioner can put forward before the Director of Public Instruction in a revision petition under rule 8A of Chapter XIV-A of the Kerala Education Rules or before the Government by invoking the Government's revisional jurisdiction under rule 92 of Chapter XIV-A of the Kerala Education Rules. In such circumstances, I find no grounds to entertain the writ petition and to examine the matter on the merits.
I accordingly dispose of the writ petition with the direction that in the event of the petitioner moving the Director of Public Instruction or the Government by filing a revision petition, the Director of Public Instruction or the Government as the case may be, shall dispose of the revision petition, expeditiously and in any event within an outer limit of three months from the date of receipt of the revision petition, after affording the petitioner, the third respondent Manager and any other teacher or teachers who might be affected by the outcome of the revision petition, an opportunity of being heard. It will be open to the Manager also to move either the Government or the Director of Public Instruction seeking the aforesaid reliefs. In the event of the Manager also filing a revision petition, both the revision petitions shall be consolidated and disposed of.