IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 4197 of 2010(Y) ------------------------- PETITIONER(S): --------------- FRANCIS A.A., AGED 40 YEARS, S/O.LATE A.P.ANTONY, HSST (JUNIOR) (MATHEMATICS) GOVT.MODEL VOCATIONAL HIGHER SECONDARY SCHOOL, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.C.PRABIN BENNY RESPONDENT(S): --------------- 1. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, SANTHINAGAR, THIRUVANANTHAPRUAM. 2. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER) HSST (DIRECTOR OF HIGHER SECONDARY EDUCATION) THIRUVANANTHAPRUAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION (SPL.CELL DEPARTMENT) SECRETARIATE, THIRUVANANTHAPRUAM. G.P. SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 4197 of 2010 ================== Dated this the 30th day of March, 2010 J U D G M E N T The petitioner, who is a Higher Secondary School Teacher (Junior), filed this writ petition aggrieved by the fact that his name has not been included in Ext.P2 select list prepared for promotion to the post of Higher Secondary School Teacher. Originally an interim order was passed as follows on 9.2.2010. “Notice. It is directed that no promotion shall be made on the basis of the select lists prepared and are under challenge in this writ petition. It would be open to the respondent to make provisional promotion on the basis of seniority approved till the D.P.C. can consider all eligible persons together. However, it will not preclude the DPC from preparing fresh select list after receipt of confidential records and probation details of all eligible candidates. This order would not affect the orders passed in W.P.(C). No.15402/09. Post a/w W.P.(C). Nos.2119/10 and connected cases.” 2. There was a batch of writ petitions pending at that time on the very same question in respect of promotion to the post of HSST in various subjects in Government Higher Secondary Schools. Pursuant to the interim orders passed in those writ petitions, a fresh DPC was convened, in which, fresh select lists were prepared for promotion as HSST in various subjects including the post of HSST (Mathematics), for which the petitioner aspires. As such, if the petitioner's name has not been included in the fresh list also, the petitioner's remedy lies in challenging the new select list prepared. Therefore, without prejudice that right, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2