IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 13871 of 2010(H) -------------------------- PETITIONER(S): --------------- N.THIRUMALESWARA BHAT H.S.A (MATHS) S.D.P HIGH SCHOOL, DHARMATHADKA P.O.DHARMATHADKA, KASARGOD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER KASARGOD. 3. THE MANAGER S.D.P HIGH SCHOOL, DHARMATHADKA P.O.DHARMATHADKA, KASARGOD DISTRICT. 4. N.RAMACHANDRA BHAT, H.S.A (KANNADA) S.D.P.HIGH SCHOOL, DHARMATHADKA, P.O.DHARMATHADKA, KASARGOD DIST. BY G.P.SRI.SANDESH RAJA FOR R1 & R2 ADV. SRI.GEORGE POONTHOTTAM FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13871 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 20.7.1978 OF THE PETITIONER. EXT.P2: TRUE COPY OF THE SENIORITY LIST. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 8.3.2010 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 8.3.2010 SUBMITTED BY PETITONER BEFORE THE DDE, KASARGOD. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 23.3.2010 BEFORE THE DEO, KASARGOD. EXT.P6: TRUE COPY OF THE LETTER DATED 15.3.2010 ISSUED BY THE MANAGER. RESPONDENTS' EXHIBITS: EXT.R3(a): TRUE COPY OF THE APPOINTMENT ORDER DULY FORWARDED ALONG WITH COVERING LETTER DATED 1.4.2010. EXT.R3(b): TRUE COPY OF THE G.O.(Rt)NO.5556/04/G.Edn. DATED 29.12.2004. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.13871 of 2010 ---------------------------------------- Dated 19th July, 2010 JUDGMENT The petitioner is working as High School Assistant (Mathematics) in S.D.P. High School, Dharmathadka in Kasaragode District. This writ petition has been filed challenging Ext.P6 communication directing the former Headmaster to hand over the charge of Headmaster to the 4th respondent. I do not propose to go into the facts any further in the light of Ext.R3(a). Ext.R3(a) would reveal that the 4th respondent has been appointed by the third respondent as Headmaster of the school with effect from 1.4.2010 in the vacancy occurred pursuant to the retirement on superannuation of one Ramachandra.U on 31.3.2010. If the petitioner is aggrieved by Ext.R3(a), he has a statutory remedy available under the Kerala Education Rules to assail the said appointment of the 4th respondent made as per Ext.R3(a). The petitioner contends that the appointment of the 4th respondent is against the dictum laid down by this Court in Kurian Lizy v. State of Kerala (2006 (4) KLT 264 (F.B)). It is a matter which he has to urge before the competent authority in appropriate proceedings. WP(C).No.13871/2010 2 In the above circumstances, this writ petition is disposed of granting liberty to the petitioner to challenge the appointment of the fourth respondent made as per Ext.R3(a) in accordance with law before the competent authority in terms of the provisions under the Kerala Education Rules. The learned counsel for the petitioner submits that the petitioner will approach the competent authority, the second respondent, within a period of two weeks from the date of receipt of a copy this judgment through a proper petition. In case such a petition is filed before the second respondent within two weeks as sumitted above, in terms of the relevant provisions under the Kerala Education Rules, the same shall be looked into by the second respondent and pass orders thereon expeditiously, at any rate, within a period of one month with notice to the petitioner and respondents 3 and 4. Till such time, the interim order passed by this Court on 18.5.2010 prohibiting approval of appointment of the 4th respondent as Headmaster will remain in force. C.T.RAVIKUMAR Judge TKS