IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 RP.No. 280 of 2011(L) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17916/2010 Dated 25/02/2011 .................... REVIEW PETITIONER(S): 4TH RESPONDENT IN THE WRIT PETITION ------------------------------------------------------------------------------------------ THE MANAGER, P.P.M.HIGHER SECONDARY SCHOOL, KOTTUKKARA, P.O.KONDOTTY, MALAPPURAM - 673 638. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): PETITIONER & RESPONDENTS 1,2,3 & 5 IN THE WPC ----------------------------------------------------------------------------------------------------- 1. C.K.ABDUL BASHEER, AGED 48 YEARS, S/O.C.K.MOHAMMED UNNI, PRINCIPAL-IN-CHARGE, P.P.M.HIGHER SECONDARY SCHOOL, KOTTUKKARA, P.O.KONDOTTY, MALAPPURAM - 673 638. 2. THE STATE OF KERALA - REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. PIN - 695 014. 4. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE, PIN - 673001. 5. SRI.K.M.ABDUL MAJEED, HIGHER SECONDARY SCHOOL TEACHER, P.P.M.HIGHER SECONDARY SCHOOL, KOTTUKKARA, P.O.KONDOTTY, MALAPPURAM - 673 638. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- Review Petition No.280 OF 2011 IN W.P.(C) No.17916 OF 2010 --------------------------------------- Dated this the 31st day of March, 2011. O R D E R This review petition is filed by the Manager of the school. The writ petition was disposed of recording the submission of the Manager that the Manager is prepared to promote the petitioner as Principal. Therein a direction was issued to the 3rd respondent to pass appropriate orders after getting the order of appointment. 2. In the review petition, what is pointed out is that the Institution has obtained the minority status. Annexure A1 is the application said to have been submitted before the Government. Annexure A3 is the order passed by the National Commission for Minority Educational Institutions declaring the Institution as a Minority Educational Institution covered under Article 30 of the Constitution of India. The stand taken by the Manager in the review petition is that in exercise of the rights under Article 30, the Manager has got a right to appoint the 5th respondent, who is R.P. No.280/2011 2 qualified, as Principal of the school, untrammelled by the Rule of Seniority. 3. It is not a case where this Court was called upon to decide any dispute regarding seniority at the time of final hearing. It was agreed by the learned counsel for the Manager that the petitioner in the writ petition will be promoted. He is senior to the 5th respondent and is qualified. No objection was raised against his claim. The right if any of the Manager under Article 30 of the Constitution of India was also not raised before this Court. Therefore, the judgment in the writ petition does not suffer from any apparent error. I am not therefore satisfied that the review petition is entertainable and the same is accordingly dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp