V E MOYI HAJI MANAGER CORPORATE SCHOOLS UNDER THE MUKKOM MUSLIM ORPHANAGE COMMITTEE REGD MUKKOM KOZHIKODE DISTRICT Vs. STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THESE writ petitions respectively are filed at the instance of the Manager of an aided school and the claimant under Rule 51B of Chapter XIV A Kerala Education Rules for appointment. The Government by Ext.P11 order produced in W.P.(C).No.30021/2011 directed the Manager to appoint the claimant in terms of Rule 51B and she is seeking implementation of the said order in W.P.(C).No.32889/2011.

(2.) THE question which emerges for consideration is whether the application filed by the claimant, namely, the petitioner in W.P.(C). No.32889/2011, who is the third respondent in W.P.(C).No.30021/2011, is belated. THE Management has got a further case that the claimant at the time of the date of death of the parent was not having the qualification for appointment as Teacher and waited till the acquisition of B.Ed qualification and this circumstance also will have its own bearing in the matter.

(3.) IT is alleged that as on the date of death of the third respondent's father, she was only a graduate and the application was submitted on the acquisition of B.Ed on 30/04/2010 which was received by the Manager on 15/05/2010 by registered post. IT is averred in para.9 that the application was rejected by the petitioner-Manager by proceedings dated 19/07/2010 (Ext.P7).