IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33624 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- SARITHA.K,W/O.SANOJ,AGED 33 YEARS, P.D.TEACHER,G.V.HIGHER SECONDARY SCHOOL, KALPAKANCHERRY,MALAPPURAM DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDINGS,SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. THE PRINCIPAL,G.V.HIGHER SECONDARY SCHOOL,KALPAKANCHERRY,MALAPPURAM DISTRICT-676 551. R1 TO R3 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 33624 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SENIORITY LIST. P2: COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT. RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ K.T.SANKARAN, J. ------------------------------ W.P.(C).No.33624 OF 2010 ------------------------------ Dated this the 18 th day of November, 2010 JUDGMENT The petitioner is working as P.D Teacher in Government Vocational Higher Secondary School, Kalpakancherry in Malappuram District. Probation of the petitioner was declared on 13.10.2005. According to the petitioner, she is fully qualified for the post of Higher Secondary School Teacher (Computer Science/Computer Application). The Director of Higher Secondary Education issued Notification dated 30.9.2008 inviting applications from HSAs/UPSAs/LPSAs, who were in service as on 31.7.2008, for preparation of the seniority list for appointment as Higher Secondary School Teacher, under the 25% quota. Ext.P1 provisional seniority list was published by the Director of Higher Secondary Education. The name of the petitioner is not included in Ext.P1. According to the petitioner, many other HSAs having MCA Degree, just W.P.(C).No.33624 OF 2010 2 like the petitioner, were included in Ext.P1 list. According to the petitioner, she is fully qualified for being included in Ext.P1 list. Challenging the non inclusion of the name of the petitioner in Ext.P1 provisional seniority list, the petitioner submitted Ext.P2 representation dated 15.3.2010 before the Director of Higher Secondary Education. 2. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Ext.P2 representation is directed to be considered by the Director of Higher Secondary Education expeditiously. In the facts and circumstances, the Writ Petition is disposed of as follows: The Director of Higher Secondary Education shall consider and dispose of Ext.P2 representation dated 15.3.2010 submitted by the petitioner, as W.P.(C).No.33624 OF 2010 3 expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the third respondent and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Higher Secondary Education. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the third respondent by registered post and he shall produce proof of the same before the Director of Higher Secondary Education. K.T.SANKARAN, JUDGE. cms