2025:KER:26179 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. 12447 OF 2025 PETITIONER: BIJINA O.P. AGED 37 YEARS W/OSUDHEERAN G.G., UPST, NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT (RESIDING ATSOUPARNIKA, PERINGADI, KANNUR DISTRICT), PIN - 673507 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL, KOZHIKODE DISTRICT, PIN - 673507 4 THE MANAGER, NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT, PIN - 673507 2025:KER:26179 WP(C) No.12447 of 2025 2 5 THE HEADMASTER, NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT, PIN – 673507 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:26179 WP(C) No.12447 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 Petitioner was appointed in the School as UPST from 06.07.2022 as against an additional post. Approval to Ext.P1 was declined by the 3rd respondent stating that the vacancy has not been established. The petitioner was under the bona fide impression that the Manager would have taken up Ext.P3 in Appeal before the appropriate authority through Samanwaya. Of late, it was realised that the Manager has not taken Ext.P3 in appeal and therefore, the petitioner moved a Revision Petition before the Government, which is pending. 2. The petitioner submits that two more additional posts in LP section and two more additional posts in UP Section were admissible in the School, going by the Staff Fixation Order for the year 2022-2023. In the light of Ext.P6, the appointment of the petitioner is liable to be approved, 2025:KER:26179 WP(C) No.12447 of 2025 4 contends the petitioner. 3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 4. Against declining of approval of appointment, the petitioner has preferred Ext.P4 Revision Petition before the 1st respondent. Ext.P4 being a statutory Revision Petition, it would be only just and proper that the 1st respondent considers the same and passes appropriate orders thereon in accordance with law. The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P4 Revision Petition and take appropriate decision thereon in accordance with law, within a period of four months. Sd/- N.NAGARESH JUDGE spk 2025:KER:26179 WP(C) No.12447 of 2025 5 APPENDIX OF WP(C) 12447/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.07.2022 Exhibit P-2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF SUBMITTED BY THE MANAGER DATED 06.07.2022 Exhibit P-3 TRUE COPY OF THE ORDER NO. F/33896/2022 DATED 11.12.2023 OF THE AEO, KUNNUMMAL Exhibit P-4 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.03.2025 (WITHOUT EXHIBITS) Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145= 1987 (1) KLT 472 (RAVINDRA BABU V. STATE OF KERALA) DATED 17.02.1987 Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2022-23 VIDE NO. D.,DIS F/46586/2022 DATED 22.08.2022 ISSUED BY THE AEO, KUNNUMMAL IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P-6. Exhibit P-7 TRUE COPY OF THE ORDER IN SLP (C) NO. 11373/2024 DATED 04.03.2025OF THE HON’BLE SUPREME COURT Exhibit P-8 TRUE COPY OF THE G.O(MS) NO. 43/2025/G.EDN.DATED 17.03.2025