IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 RP.No. 191 of 2011 AGAINST THE JUDGEMENT IN WPC.38229/2008 Dated 02/02/2009 REVIEW PETITIONER: 3RD PARTY: S.DEEPAKUMARI, AGED 32 YEARS, D/O.SUKUMARA KURUP, WORKING AS U.P.S.A, P.G.M.G.H.S., PARAKODE, PATHANAMTHITTA, RESIDING AT REMALAYAM, EZHAMKULAM, PARAKKODE P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: RESPONDENTS 1 TO 7 AND PETITIONER: 1. THE MANAGER, P.G.M.H.G.S., PARAKODE, PATHANAMTHITTA DISTRICT, PIN: 691 554. 2. THE HEADMISTRESS, P.G.M.H.G.S., PARAKODE, PATHANAMTHITTA DISTRICT, PIN: 691 554. 3. T.SMITHA RAJAN, UPSA,P.G.M.H.G.S., PARAKODE, PATHANAMTHITTA DISTRICT, PIN: 691 554. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, PIN 689 645. 5. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101. 6. THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 7. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 8. ARYA ARAVIND, W/O.P.VINOD, ANUPAMA AERAM, THADICADU P.O., ANCHAL, KOLLAM - 691 306. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ R.P. NO.191 OF 2011 in W.P.(C) No.38229 of 2008 ------------------------------------------------------ Dated this the 8th day of March, 2011 O R D E R The petitioner, S.Deepakumari, is aggrieved by the judgment in W.P.(C) No.38229 of 2008 and W.P.(C) No.1543 of 2009, in the sense that she was a necessary party and an interested party in those Writ Petitions and, therefore, she should have been impleaded. Had she been impleaded, while disposing of the Writ Petitions, this Court would have directed the Government to hear Deepakumari also while disposing the Revision filed by Arya Aravind. 2. It is submitted that pursuant to the direction in the judgment, the Government disposed of the Revision filed by Arya Aravind after hearing her, T.Smitha Rajan and the Manager. The claim of T.Smitha Rajan was upheld. It is submitted that because of that order, the petitioner is affected. The learned counsel for the review petitioner submits that she is affected by accepting the claim of T.Smitha Rajan. R.P.NO.191 OF 2011 :: 2 :: 3. As per the judgment sought to be reviewed, this Court only directed the Government to dispose of the Revision filed by Arya Aravind. There was also a direction to hear Arya Aravind, T.Smitha Rajan and the Manager. The District Educational Officer had passed an order in favour of T.Smitha Rajan and that was challenged by Arya Aravind in Revision. Arya Aravind also challenged the order passed by the District Educational Officer in W.P.(C) No.38229 of 2008. On the other hand, T.Smitha Rajan filed W.P.(C) No.1543 of 2009 to implement the order passed by the District Educational Officer. 4. There is nothing to be reviewed in the judgment. No finding was made in the judgment either in favour of Arya Aravind or in favour of T.Smitha Rajan. There was only a direction to the Government to dispose of the Revision filed by Arya Aravind. At that time, the order passed by the District Educational Officer in favour of T.Smitha Rajan was in existence. Now the Government decided in favour of T.Smitha Rajan. That does not enable the petitioner to file a Review Petition seeking to review the judgment in the aforesaid Writ Petitions. R.P.NO.191 OF 2011 :: 3 :: 5. The learned counsel for the review petitioner submitted that against the order passed by the Government, the review petitioner has filed W.P.(C) No.19732 of 2010 and that Writ Petition is pending. The remedy of the petitioner is to pursue that Writ Petition and not to file a Review Petition to review the judgment in the aforesaid Writ Petitions. There is no ground to entertain the Review Petition. Accordingly, the Review Petition is dismissed. (K.T.SANKARAN) Judge ahz/