SIBI GEORGE MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is working as a High School Teacher in Physical Science in the St.John's Higher Secondary School, Eraviperoor, which is managed by the fifth respondent - Manager and he assails Exts.P2 and P3 orders issued by respondents 4 and 3 respectively, as per which, approval for his appointment has been rejected primarily for the reason that the Manager who appointed him is not an approved one. The petitioner, through his learned counsel Sri.Subhash Chand, consequently prays that respondents 1 to 4 be directed to approve his appointment, as is evidenced through Ext.P1, with effect from 05.07.2018, taking note of Exts.P6 and P7 Government Circular/Order, as also Exts.P8 to P10 judgments of this Court.

(2.) Sri.Subhash Chand, the learned counsel for the petitioner, added to the afore by saying that the the Manager of the School has, in fact, filed a Revision before the Director of General Education (DGE), invoking the provisions of Rule 8A Chapter XIV A of the KER and that, as is evident from Note No.5 in Ext.P11, the said Authority is still considering the same but is refusing to pass orders saying that the Manager has not filed an affidavit in terms of Rule 51B of the KER. He says that this stand of the DGE in Ext.P11 is contrary to true facts, since the Manager has already preferred his Rule 51B declaration, a copy of which having been produced on record as Ext.P12. Sri.Subhash Chand, therefore, prays that this writ petition be allowed, directing the DGE to issue immediate orders on the Revision filed by the Manager, thus granting his client approval with effect from the date of his first appointment.

(3.) In response, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that since the petitioner has now produced Ext.P12, objection of the DGE, with respect to 51B declaration not having been made by the Manager, is no longer pressed. She, however, submitted that since the Manager who appointed the petitioner is not an approved one, the DGE will not be in a position to issue final orders on the Revision filed by such a person. The learned senior Government Pleader, therefore, prayed that this writ petition be dismissed.