2025:KER:28506 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13490 OF 2025 PETITIONER: KARUNAKARA KURUP AGED 75 YEARS MANAGER, S/O LATE KUNJIRAMAN NAMBIAR,RAMANILAYAM, VILLIAPPILLY U.P SCHOOL, VILLIAPPILLY P.O, KURUKATTU, VILLIAPPILLY, KOZHIKODE DISTRICT, PIN - 673542 BY ADVS. JIJI THOMAS SMITHA MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 ASSISTANT EDUCATIONAL OFFICER, THODANNUR, KOZHIKODE, PIN - 673108 2025:KER:28506 WP(C) No.13490 of 2025 2 4 MIDHUN N.K, UPST, VILLIAPPALLY U.P SCHOOL, VILLIAPPALLY, KOZHIKODE DISTRICT, PIN - 673542 BY ADV. SRI. V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28506 WP(C) No.13490 of 2025 3 JUDGMENT Dated this the 3rd day of April, 2025 The petitioner is Manager of Villiappilly U.P. School, Kozhikode. The 4th respondent was appointed as UPST in the additional statutory vacancy on daily wage basis from 01.06.2023 to 31.03.2024. Thereafter, the application for approval of appointment was submitted by the petitioner to the educational authority through Samanwaya Portal for approval of the petitioner. But, the appointment was rejected by the 3rd respondent on the ground that the petitioner had made appointment in the additional vacancies in the year 2016 to 2019 and the same has been approved on the basis of the affidavit submitted by the petitioner on condition that the future vacancy shall be filled up by the petitioner on 1:1 ratio. But, the same was not complied with by the petitioner. 2025:KER:28506 WP(C) No.13490 of 2025 4 2. The petitioner submits that he has agreed in the affidavit that he shall deploy the protected teacher in the School in the ratio 1:1 in future vacancy, subject to the outcome of the Supreme Court verdict in Civil Appeal No.3490/2016. But, the Civil Appeal is still pending before the Hon’ble Apex Court. 3. The petitioner is the 1st appellant, who challenged the 10/10 issue before the Hon'ble Apex Court and received an interim order, without insisting to appoint the protected teacher in the petitioner's School in the future vacancies. If the petitioner is defeated in Civil Appeal No.3490/2016, the only obligation of the petitioner is to appoint a protected teacher in the petitioner’s School as per 1:1 ratio prescribed by the Government Order 10/10 in future. Therefore, the appointment of the 4th respondent shall be approved as he is entitled to the service and salary, since his 2025:KER:28506 WP(C) No.13490 of 2025 5 appointment. 4. As against the Ext.P3 order of Assistant Educational Officer, the petitioner submitted a Revision Petition before the 2nd respondent and same is pending. This writ petition is filed seeking for a direction to the 2nd respondent to take expeditious decision on Ext.P5 Revision Petition, without any further delay. 5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 6. The contention of the petitioner is that Ext.P3 has been passed on extraneous considerations and it is inconsistent with the Central Act. Therefore, there is violation of Articles 251 and 254 of the Constitution of India. 7. Be that as it may, the petitioner has preferred Ext.P5 Revision Petition against Ext.P3. As Ext.P5 is a 2025:KER:28506 WP(C) No.13490 of 2025 6 statutory Revision Petition, it would be only appropriate that the competent revisional authority considers the same and passes orders thereon expeditiously. In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P5 Revision Petition and pass appropriate orders thereon within a period of three months, after giving an opportunity of hearing to the petitioner. Sd/- N.NAGARESH JUDGE spk 2025:KER:28506 WP(C) No.13490 of 2025 7 APPENDIX OF WP(C) 13490/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE APPOINTMENT ORDER DATED 01/06/2023 Exhibit P2 A COPY OF INTERIM ORDER OF THE SUPREME COURT IN CIVIL APPEAL NO.3490/2016 DATED 04/04/2016 Exhibit P3 A COPY OF THE REJECTION ORDER OF AEO NO. B/808738/2025 DATED 25/02/2025 Exhibit P4 A COPY OF INTERIM ORDER OF THE SUPREME COURT IN SLP (C) NO. 11373/2024 DATED 04/03/2025 Exhibit P5 A COPY OF THE REVISION PETITION DATED 15/03/2025 (WITHOUT ANNEXURE)