IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16197 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------ N.S.BRAHMANANDAN NAIR, HEADMASTER, LMS HIGHER SECONDARY SCHOOL, AMARAVILA, THIRUVANANTHAPURAM. PIN-695 111. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECODNARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM.695 001. 4. THE MANAGER, HIGHER SECONDARY SCHOOL, (LMS SCHOOL), LMS COMPOUND, THIRUVANANTHAPURAM-33. 5. SRI.JUSTIN JAYAKUMAR, PRINCIPAL IN-CHARGE, LMS HIGHER SECONDARY SCHOOL, CHEMBOOR, THIRUVANANTHAPURAM. 695 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16197/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 28/12/2010. P2: COPY OF THE REPRESENTATION ON 16/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P3: COPY OF THE REPRESENTATION ON 24/03/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 4/04/2011 TO THE 3RD RESPONDENT. P5: COPY OF THE LETTER NO.D/119/HSS/2011 DTD. 4/05/2011. P6: COPY OF THE REPRESENTATION DTD. 13/05/2011 BEFORE THE 4TH RESPONDENT. P7: COPY OF THE REPRESENTATION T THE 2ND RESPONDENT ON 16/05/2011. P8: COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT ON 4/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16197/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2011 J U D G M E N T The petitioner's claim is for appointment as Principal of L.M.S Higher Secondary School, Chemboor. He is presently working as Headmaster in L.M.S Higher Secondary School, Amaravila. According to the petitioner, he is the eligible claimant for appointment to the post of Principal. 2. The petitioner's tenure in the schools started as High School Assistant (Mathematics) with effect from 02/11/1981 which was under the same management and the appointment was in Cravan L.M.S High School, Kollam. He was transferred to the present school on 01/06/2007. It is pointed out that the fourth respondent-Corporate Manager has three Higher Secondary Schools and six High Schools under them. Various other contentions have been raised in the writ petition to show that the petitioner ought to have been appointed as Principal in the vacancy which arose on 01/04/2011. W.P.(C). No.16197/2011 -:2:- 3. Even though the petitioner claimed appointment by Ext.P1, he was given a reply by the Manager pointing out that the petitioner's claim can be considered only in 6th vacancy of Principal and in terms of the qualification prescribed. 4. Disputing the same, the petitioner has approached various authorities including the Government. It is also submitted that the sixth respondent has already been appointed as Principal-in- charge and attempts are being made to regularise the approval already granted as Principal-in-charge. 5. What is involved is an adjudication of his claim. The relevant rule prescribing the method is Rule 4 of Chapter XXXII Kerala Education Rules. Therefore, it is only proper that the representation is considered by the Government itself. Government will take a decision on Ext.P8 after hearing the petitioner and respondent Nos.4 and 5 within five months from the date of receipt of a copy of this Judgment. It is made clear that the approval granted will be subject to further orders to be passed by the Government. The W.P.(C). No.16197/2011 -:3:- petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms