IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 1647 of 2010(E) ------------------------------------ PETITIONER: ------------------- GISHA C.S., AGED 31, W/O.P.S.VALSAN, PULICKAL HOUSE, POOVATHUSSERY P.O., NOW WORKING AS LAB ASSISTANT, SNDP HSS, PALLISSERY, THRISSUR. BY ADV. MR.PAULSON THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. D.E.O., IRINJALAKUDA. 3. THE MANAGER, S.N.D.P., HSS, PALLISSERY P.O., THRISSUR. 4. VENEETHA P.M., U.P.S.A.APPOINTEE, S.N.D.P, HSS, PALLISSERY P.O., THRISSUR. 5. SAJITHA O.S., U.P.S.A, APPOINTEE, S.N.D.P, HSS, PALLISSERY P.O., THRISSUR. 6. NISHA K.V., U.P.S.A.,APPOINTEE, S.N.D.P, HSS, PALLISSERY P.O., THRISSUR. R1 & R2 BY GOVT. PLEADER MR. T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1647 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2010 J U D G M E N T 1. Petitioner is a Lab Assistant working in the Higher Secondary Section of the 3rd respondent's school. A post of U.P.S.A has arisen in that school. Petitioner raised a claim for preferential appointment to that post. His claim has been rejected by Ext.P13 order of the D.E.O. The question as to whether a Lab Assistant has preferential right for appointment to the post of a U.P.S.A. has been considered by a learned single judge of this court in Ext.P15 judgment and held that he has no such right. The petitioner's contention is that in view of Ext.P15 judgment, there is no point in availing of the statutory remedies available to the petitioner and therefore he is directly challenging the order of the D.E.O. in this writ petition. Petitioner submits that Ext.P15 judgment has been taken in appeal by the petitioner therein, in W.A. No.2857/2009. The W.P.(C)No. 1647 of 2010 -2- petitioner therefore submits that this writ petition may be admitted and posted along with that writ appeal. I am of the opinion that the view taken by the learned Single Judge in Ext.P15 is perfectly correct and I have no reason to take a different view. That being so, I am not satisfied this writ petition is liable to be admitted. Accordingly following Ext.P15 judgment this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/