IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WA.No. 2836 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.11039/2008 Dated 07/08/2009 .................... APPELLANT(S)//PETITIONER: -------------------- RAVEENDRAN C.H., HIGHER SECONDARY SCHOOL TEACHER (HSST), (JR), ECONOMICS, BEM GIRLS H.S.S., KOZHIKODE. BY ADVS. SRI.M.RAMESH CHANDER & SMT.K.A.SANJEETHA RESPONDENT(S)//RESPONDENTS:- -------------------------- 1. DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, TRIVANDRUM - 695001. 2. CORPORATE MANAGER, ALL CSI SCHOOLS IN MALABAR AND WAYANAD, BANK ROAD, KOZHIKODE-673001. 3. SMT.CICILY JOHN, PRINCIPAL, BEM GIRLS HSS, KOZHIKODE. 4. REMILA GRACE VIJAYAN, PRINCIPAL, BEM HSS, PALAKKAD 5. THOMAS T.KURUVILA, PRINCIPAL, BEM HSS, PALAKKAD. R1 BY GOVT. PLEADER SMT. R. BINDU. R2 BY ADV. SRI. BABU JOSEPH KURUVATHAZHA. R3 & R4 BY ADV. SRI. K. JAJU BABU. R5 BY ADV. SRI. SAJAN VARGHESE. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A.No.2836 of 2009 ------------------------------ Dated this, the 18th day of December, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner is working as Higher Secondary School Teacher in one of the Higher Secondary Schools managed by the second respondent. While working as High School Assistant, he was claiming promotion as Higher Secondary School Teacher from 1998 onwards. But, he did not come under the 25% quota prescribed for High School teachers and therefore, only his seniors were appointed. But, when Sri.Ajithpal, one of his colleagues, was appointed overlooking his claim, he again staked his claim. The second respondent, Manager, did not accede to his request. Then, he approached this Court by filing O.P.No.9388 of 2000. This Court, by Ext.P5 judgment dated 3.10.2005, declined to uphold the challenge against the appointment of Sri.Ajithpal, but permitted the petitioner to move the Director of Higher Secondary Education to redress his grievance. But, the W.A. No.2836 of 2009 - 2 - petitioner chose to file the representation only on 15.2.2008, a copy of which is produced as Ext.P7 in this Writ Petition. When the said representation was pending, the present Writ Petition was filed claiming promotion to the post of Higher Secondary School Teacher from 1998 and further promotion as Principal. The learned Single Judge found that he could not have been promoted in 1998 as there were not sufficient number of vacancies in the 25% quota to accommodate the appellant/petitioner also. When, in 2000 the appellant's claim was overlooked and Sri.Ajithpal was appointed, though the petitioner approached this Court, this Court did not interfere, but directed the petitioner to ventilate his grievance before the Director of Higher Secondary Education, but the petitioner has failed to invoke that remedy in time. In view of the above facts, the learned Single Judge declined the reliefs prayed for. So, this appeal is filed by the petitioner. 2. We find no reason to take a different view than the one taken by the learned Single Judge. Obviously, the W.A. No.2836 of 2009 - 3 - petitioner could not have been promoted in 1998, as there were not sufficient vacancies in the 25% quota for appointment by transfer of High School Assistants. Regarding his claim for appointment in the vacancy which arose in 2000, he is bound by Ext.P5 judgment. He has not invoked the alternative remedy in time, as permitted in Ext.P5 judgment. In view of the above position, the learned Single Judge has rightly declined to exercise the discretionary jurisdiction under Article 226 of the Constitution of India. The Writ Appeal fails and it is, accordingly, dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)