BEENA N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be working as an Upper Primary School Assistant with the Ganpath AUP School, Kozhikode, under the 5th respondent-Manager, has approached this Court impugning Ext.P12 order, as per which, her appointment has been refused to be approved merely stating that the Manager has not executed a bond in terms of the Government Order, GO(P)No.10/10/G.Edn, dated 12.01.2010.

(2.) The petitioner says that, as has been declared by this Court in several judgments in the past, the Educational Authorities are bound to consider her appointment in terms of the aforementioned Government Order, deeming that the Manager has executed a bond; but that in Ext.P12, her claims have been rejected merely saying that no such bond has been executed by the 5th respondent. She, therefore, prays that Ext.P12 be set aside and the competent Secretary of the State of Kerala be directed to reconsider Ext.P10 Revision filed by her under Rule 92 Chapter XIVA of the Kerala Education Rules (KER for short).

(3.) In response to the afore submissions made on behalf of the petitioner by his learned counsel, Sri.R.K.Muralidharan, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that it is true that in Ext.P12 the petitioner's claim has been rejected because the Manager has not executed the bond. She, however, conceded that the State of Kerala has not considered the contentions of the petitioner that the Manager ought to have executed the bond going by the provisions of the applicable Government Order. She, therefore, submitted that if this Court is so inclined, the Government will reconsider Ext.P10 filed by the petitioner adverting to the provisions of the various Government Orders, including the aforementioned one.