2025:KER:26180 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12117 OF 2025 PETITIONER: VINCY P AGED 32 YEARS W/O BENNY LEON DRAWING TEACHER, ST.MATHEW’S HIGH SCHOOL, POZHIYOOR, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 513 (RESIDING AT KALPATTA PURAIDAM, POZHIYOOR, NEYYATTINKARA, THIRUVANANTHAPURAM), PIN - 695513 BY ADVS. V.A.MUHAMMED M.SAJJAD P.A.JENZIA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY DIRECTOR OF EDUCATION PADMAVILASOM ROAD, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023 3 THE DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 2025:KER:26180 WP(C) No.12117 of 2025 2 4 THE MANAGER ST.MATHEW’S HIGH SCHOOL, POZHIYOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695513 5 THE HEADMASTER ST.MATHEW’S HIGH SCHOOL, POZHIYOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695513 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26180 WP(C) No.12117 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 Petitioner was appointed as Drawing Teacher on 01.06.2023. Approval to Ext.P1 appointment was, however, declined by the District Educational Officer as per order dated 24.09.2024. Then, Appeal was moved before the 2nd respondent. It was also rejected. One of the reasons stated in Ext.P2 to decline approval to the appointment of the petitioner is that W.P.(C) No.13852/2020 is pending. 2. The petitioner submits that the issue is the appointment of the petitioner on 16.08.2021 as Drawing Teacher in the School. In fact, at that point of time, there was no sanctioned post of Drawing Teacher in the School. The petitioner is not pressing for approval to her appointment from 16.08.2021. The point in issue is approval to the appointment 2025:KER:26180 WP(C) No.12117 of 2025 4 of the petitioner from 01.06.2023. The question is whether the petitioner is qualified as on the date of Ext.P1 appointment and whether there was a sanctioned post vacantly available as on the said date. There was no other better statutory claimant for the post in which the petitioner was appointed with effect from 01.06.2023. The petitioner is duly qualified for the post of Drawing Teacher. She has also cleared K-TET Category IV. The post of Drawing Teacher is sanctioned as per the Staff Fixation Order for the years 2023-2024 and 2024-2025. 3. The petitioner submits that ordinarily, an appeal over Ext.P1 could be moved only by the Manager through Samanwaya before the next higher authority. Its access is only available to the Manager. But, the petitioner is at the receiving end of Ext.P2. Therefore, the petitioner moved a Revision Petition before the Government, which is pending. 2025:KER:26180 WP(C) No.12117 of 2025 5 Long pendency of the Revision Petition would result in extreme hardships to the petitioner, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 5. The petitioner would contend that she is duly qualified for the post of Drawing Teacher as is evident from Exts.P3 and P4. There is no better claimant for the post to which the petitioner is appointed. The District Educational Officer therefore ought to have approved the appointment. 6. Going through the pleadings, I find that the petitioner has preferred Ext.P7 Revision Petition before the 1st respondent in this regard. Ext.P7 Revision Petition being a statutory Revision Petition, it would be only just and proper that the revisional authority considers the same and passes appropriate orders thereon in accordance with law. 2025:KER:26180 WP(C) No.12117 of 2025 6 The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P7 Revision Petition and take appropriate decision thereon in accordance with law, within a period of four months, after giving an opportunity of hearing to the petitioner. Sd/- N.NAGARESH JUDGE spk 2025:KER:26180 WP(C) No.12117 of 2025 7 APPENDIX OF WP(C) 12117/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2023 Exhibit P-2 TRUE COPY OF THE DEPUTY DIRECTOR OF EDUCATION VIDE NO.B5/777329/2024 DATED 04.03.2025 Exhibit P-3 TRUE COPY OF THE CERTIFICATE FOR FINE ARTS AND ANIMATION FROM THE STATE BOARD OF TECHNICAL EDUCATION DATED 24.05.2018 Exhibit P-4 TRUE COPY OF THE CERTIFICATE OF K-TET CATEGORY IV DATED 01.02.2023 Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE NO.B3/60770/2023 DATED 24.08.2023 OF THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2024-25 VIDE NO.B3/741319/2024 DATED 16.08.2024 OF THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 17.03.2025 Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN 1987 (1) KLT 472 (DB) = 1987 KHC 145 (RAVINDRA BABU V. STATE OF KERALA) DATED 17.02.1987