IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16166 of 2011(U) ----------------------------------------- PETITIONER(S): ----------------------- DEEPESH KUMAR.B,AGED 29 YEARS, S/O.LATE BALAKRISHNAN.K,KOLLAMPARAMBIL HOUSE, MATHOOR.P.O,PATHANAMTHITTA,PIN-689 657. BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA DISTRICT - 689 645. 3. THE MANAGER,M.P.VOCATIONAL HIGHER SECONDARY SCHOOL,KUMBAZHA,PATHANAMTHITTA - 689 645. 4. THE PRINCIPAL,M.P.VOCATIONAL HIGHER SECONDARY SCHOOL,KUMBAZHA,PATHANAMTHITTA - 689 645. 5. MARIYAMMA KOSHY,D/O.NOT KNOWN, MOOLAMURIYIL HOUSE,MANKUNNAM,MUSALIYAR COLLEGE.P.O., KUMBAZHA,PATHANAMTHITTA, PIN - 689 645. 6. S.SUNIL KUMAR,S/O.NOT KNOWN, VALIYAKALAYIL,AZHOOR,PATHANAMTHITTA.P.O.- 689 645. R1 & R2 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16166/2011 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION AS CONTEMPLATED IN G.O.(P) 12/99/P&ARD DTD. 24/05/1999 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 29/11/2010 TO THE 2ND RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 28/03/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON REGISTERED POST WITH A/D ON 28/03/2011. P5: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT ON REGISTERED POST WITH A/D ON 28/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16166/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16 th day of June, 2011 J U D G M E N T The petitioner claims appointment under the third respondent Manager in exercise of Rule 51B of Chapter XIV A Kerala Education Rules. His father, late Shri K.Balakrishnan was a drawing teacher in M.P.High School, which is now upgraded as a Vocational Higher Secondary School, under the third respondent-Manager. 2. It is stated that the petitioner, after becoming major, submitted an application as per Ext.P1 before the Manager and copies of the same have been forwarded to the third and fourth respondents. The complaint raised by the petitioner is that even after repeated requests, no action was taken which compelled the petitioner to submit Ext.P2 representation, which was forwarded by registered post on 29/11/2010. Ext.P3 is a later representation submitted to the first respondent dated 28/03/2011 and Ext.P4 is another representation submitted to the second respondent of same date. Ext.P5 also shows that the representation has been served on the third respondent. W.P.(C). No.16166/2011 -:2:- 3. It is averred in paragraph (4) of the writ petition that the sixth respondent is sought to be appointed by the Manager and proposal has already been submitted to the second respondent. 4. The claim of the petitioner under Rule 51B of Chapter XIV A of Kerala Education Rules will have to be adjudicated in accordance with law after hearing all the parties. Therefore, there will be a direction to the second respondent to take a decision on the representations submitted by the petitioner after hearing the petitioner, the Manager and respondent Nos. 5 and 6 within six weeks from the date of receipt of a copy of this Judgment. The petitioner will forward a copy of the writ petition along with a copy of the Judgment to the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms