IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 12101 of 2008(N) -------------------------- PETITIONERS: ------------ 1. JITHEESH G.P,HIGH SCHOOL ASSISTANT (H.S.A),GOVERNMENT HIGHER SECONDARY SCHOOL, NEDUVANNUR. 2. M.D.MAHESH,P.D TEACHER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KALPAKAMCHERY. 3. ANIL KUMAR B.K,HIGH SCHOOL ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, PUTHUR. 4. RANJITH R.S,P.D TEACHER, GOVERNMENT HIGH SCHOOL, KALLOOR,WAYANAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. BY G.P. SHRI T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF MSc DEGREE CERTIFICATE IN PHYSICS ISSUED TO FIRST PETITIONER BY THE UNIVERSITY OF MYSORE EXT.P2 TRUE COPY OF SET CERTIFICATE OBTAINED BY FIRST PETITIONER EXT.P3 TRUE COPY OF PROVISIONAL CERTIFICATE OF MSc DEGREE IN PHYSICS ISSUED TO THE 2ND PETITIONER BY PERIYAR UNIVERSITY EXT.P4 TRUE COPY OF SET CERTIFICATE ISSUED TO THE SECOND PETITIONER EXT.P5 TRUE COPY OF THE SENIORITY LIST OF HSAs QUALIFIED TO BE PROMOTED AS HSSTs (PHYSICS) PUBLISHED BY THE FIRST RESPONDENT IN THE OFFICIAL WEB SITE EXT.P6 TRUE COPY OF SENIORITY LIST OF P.D.TECHERS QUALIFIED TO BE PROMOTED AS HSSTs (PHYSICS) -DO- -DO- EXT.P7 TRUE COPY OF ORDER ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION ON 5.10.2006 PROMOTING 44 HSAs/P.D.TEACHERS AS HSSTs(PHYSICS) EXT.P7(a) TRUE COPY OF REPRESENTATION DATED 19.3.2008 SUBMITTED BY THE PETITIONERS TO THE FIRST RESPONDENT //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.12101 of 2008 N -------------------------------------- Dated this the 16th day of June, 2008. J U D G M E N T The petitioners 1 and 3 are High School Assistants whereas petitioners 2 and 4 are P.D.Teachers. It is stated that they are qualified for being promoted as Higher Secondary School Teachers (Physics) (Junior). It is pointed out that the State wise seniority list of High School Assistants/P.D.Teachers as on 31.7.2005 was prepared which contains the names of a total number of 44 persons. The petitioners were qualified after 31.7.2005. It is further stated that all the 44 persons included in the State wise seniority list were appointed as per Ext.P7 dated 5.10.2006. 2. The petitioners submitted Ext.P7(a) representation dated 19.3.2008 to the Director of Higher Secondary Education, Thiruvananthapuram praying that a seniority list of High School Assistants/P.D.Teachers who are qualified and eligible for promotion as Higher Secondary School Teachers (Physics) (Junior) may be prepared. 3. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.12101/2008 2 “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to prepare a seniority list of H.S.A's/P.D. Teachers working in the General Education Department for promotion to the post of H.S.S.T. (Physics) as well as H.S.S.T. (Physics) (Junior) under the 25% quota earmarked for them; ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Exhibit P7(a) representation submitted to him by the petitioners; iii) to grant such other and further reliefs as this Honourable Court may consider just and proper in the facts and circumstances of the case.” WP(C) No.12101/2008 3 For the time being, the learned counsel for the petitioners confines the reliefs to relief No.ii. The learned Government Pleader submitted that Ext.P7(a) representation will be disposed of by the first respondent, the Director of Higher Secondary Education without delay. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P7(a) representation submitted by the petitioners within a period of three months. K.T. SANKARAN, JUDGE. cks