IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33580 of 2011(V) -------------------------------- PETITIONER: -------------- USHA KUMARI.A., AGED 44 YEARS, D/O. ACHUTHAN, HIGH SCHOOL ASSISTANT (MATHS), R.P.M. HIGH SCHOOL, PANANGATTIRI POST PALAKKAD. RESIDING AT BALAKRISHNA PANANGATTIRI - 678 506. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 695 001. 3. THE REGIONAL DEPUTY DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION BOARD, KALOOR, ERNAKULAM - 682 017. 4. THE MANAGER, R.P.M.HIGH SCHOOL, PANANGATTIRI, PALAKKAD - 678 506. 5. SMT. DIVYA RAMACHANDRAN, HIGHER SECONDARY SCHOOL TEACHER (COMPUTER APPLICATION), R.P.M. HIGH SCHOOL, PANANGATTIRI, PALAKKAD - 678 506. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33580/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 6.6.94 ISSUED BY R4. EXT. P2 : COPY OF B.SC CERTIFICATE DTD. 5.1.89 OF PETITIONER. EXT. P2(a) : COPY OF B.ED CERTIFICATE ISSUED DTD. 15.1.93 OF PETITIONER. EXT. P2(b) : COPY OF POST GRADUATE DIPLOMA IN COMPUTER APPLICATION CERTIFICATE DTD. 23.1.99 OF PETITIONER. EXT. P2(c) : COPY OF EXAMINATION RESULT OF M.SC COMPUTER SCIENCE PUBLISHED IN AUGUST 2011. EXT. P3 : COPIES OF MARK SHEETS OF M.SC COMPUTER SCIENCE OF PETITIONER OF EXAMINATION HELD 7/2011. EXT. P3(a) : COPY OF APPLICATION FOR ORIGINAL M.SC CERTIFICATE DTD. 28.9.11. EXT. P4 : COPY OF STATEMENT MADE TO MANAGER AT THE TIME OF INTERVIEW DTD. 19.11.11. EXT. P5 : COPY OF PROPOSAL FOR APPROVAL OF APPOINTMENT OF R5 DTD. 28.11.11. EXT. P6 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO R3 DTD. 29.11.11. EXT. P6(a) : COPY OF STAY PETITION SUBMITTED BY PETITIONER TO R3 DTD. 19.11.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33580 OF 2011 --------------------------------------- Dated this the 15th day of December, 2011. J U D G M E N T The petitioner is working as High School Assistant (Mathematics). She applied for the post of H.S.S.T (Computer Science) in the school under the 4th respondent Manager. It is submitted that the petitioner participated in the interview and was expecting the appointment. It is pointed out that ignoring her claims, the 5th respondent has been appointed from open category, which cannot be justified. Ext.P5 is the proposal submitted by the Manager seeking approval of ten Higher Secondary School Teachers including the 5th respondent. 2. It appears that the petitioner had filed an earlier representation before the 2nd respondent as per Ext.P6 and after the appointment was made, the petitioner filed Ext.P6(a) also before the 2nd respondent. 3. Learned counsel for the petitioner submitted that the 2nd respondent may grant approval to the appointment of the W.P.(C) No.33580/2011 2 5th respondent without considering her claim and therefore, while passing any order on the proposal Ext.P5, the petitioner's claim may be directed to be considered. There will be a direction to the Regional Deputy Director namely, the 3rd respondent to consider the grievance raised by the petitioner in Exts.P6 and P6(a) before grant of approval of appointment of the 5th respondent, after hearing the petitioner and the respondents 4 and 5. Appropriate orders shall be passed within a period of two months from the date of production of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp