IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 15093 of 2006(V) -------------------------------------- PETITIONER(S): --------------- C.REMANI, AGED 42 YEARS, W/O.P.UTHAMA, RESIDING AT ANURAG, AJANUR P.O. KANHANGAD, (P.D. TEACHER, M.P.S.G.V. H.S.S. AJANUR, KASARAGOD DISTRICT.) BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESETNED BY THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT. 4. KUNHIRAMAN T.K. GOVERNMENT HIGH SCHOOL, THRIKKARIPPUR, ELAMEACHI POST, KASARAGOD DISTRICT. 5. SOPHIA FRANCIS, G.H.S.S. THALAPUZHA, WAYANAD. * 6. USHA SUSAN VARGHESE, GOVT.H.S.S. OTTAKKAL, KOLLAM. * (DELETED) 7. JACOB .K.J. G.H.S.S. KODUVAYUR, PALAKKAD. 8. PRADEEPAN.K. G.H.S.S. PAYYOLI, TIKOTI, KOZHIKODE. 9. RAJAGOPALAN.K. G.H.S.S. CHALA, KANNUR. W.P.(C). NO. 15093/2006-V **10. RADHAKRISHNAN.M. G.H.S.S. KUTTAMATH, **(DELETED) KASARAGOD. 11. AJITHA.D. G.M.B.H.S.S. WADAKKANCHERRY, THRISSUR. **12. PRADEEP KUMAR P.K. G.H.S.S. **(DELETED) KOZHICHAL, KANNUR. 13. RASHEEDA P.M. E.M.G.H.S.S. FORT KOCHI, ERNAKULAM. * 14. VIMALA.M. G.H.S. MANJERI, MALAPPURAM. *(DELETED) * 15. CHANDRA MOHAN, V.P. T.V.G.V.H.S.S. *(DELETED) TALIPARAMBA. **16. JOSEPH THOMAS .P. G.H.S.S. VAYAKKARA, **(DELETED) KANNUR. **17. GEORGEKUTTY N.V. G.H.S.S. **(DELETED) PANMANAMANAYIL, KOLLAM. 18. KARUNAKARAN.U. G.H.S. KOTTILA, KANNUR. 19. REMANI.M.S. G.H.S.S CHAVAKKAD, THRISSUR. ** 20. RAVEENDRAN.K. G.G.H.S.S., BALUSSERY, **(DELETED) KOZHIKODE. 21. UMMER MACHINGAL, G.H.S.S. KASTTILANGADI, MALAPPURAM. * RESPONDENTS 6, 14 AND 15 DELETED AS PER ORDER DATED 28/02/2007 IN I.A.2435/2007. ** RESPONDENTS 10, 12, 16, 17 AND 20 DELETED AS PER ORDER DATED 04/02/2008 IN I.A.1586/2008. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1 TO R3 ADV. SRI.GEORGE ABRAHAM FOR R7,8,11 ADV. SRI.SUNNY MATHEW FOR R-21 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 15093/2006-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR OF CALICUT UNIVERSITY DATED 18/08/2005. EXT.P2: COPY OF THE B.A.(HISTORY) CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY DATED 15/07/83. EXT.P3: COPY OF THE B.ED.(HISTORY) CERTIFICATE ISSUED BY THE M.G.UNIVERSITY DATED 02/03/1987. EXT.P4: COPY OF THE M.A.(SOCIOLOGY)CERTIFICATE ISSUED BY THE ANNAMALAI UNIVERSITY. EXT.P5: COPY OF THE CERTIFICATE OF STATE ELIGIBILITY TEST PASSED BY THE PETITIONER. EXT.P6: COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST PUBLISHED ON 12/05/2003 BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE PROCEEDINGS BY RESPONDENTS 4 TO 21 WERE APPOINTED AS HSST IN SOCIOLOGY. EXT.P8: COPY OF THE REPRESENTATION DATED 27/06/2003 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 11/11/2003 IN W.P.(C). NO. 24244/2003 OF THIS HONOURABLE COURT. EXT.P10: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 05/03/2004. EXT.P11: COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN W.P.(C). NO. 12295/2004. EXT.P12: COPY OF THE JUDGMENT DATED 01/06/2005 IN W.P.(C). NO. 12295/2004. EXT.P13: COPY OF THE JUDGMENT DATED 31/08/2005 IN W.A.NO.1691/2005. EXT.P14: COPY OF THE ORDER DATED 03/03/2006 IN SLP NO.(S)3747 OF 2006 OF THE HONOURABLE SUPREME COURT OF INDIA. EXT.P15: COPY OF THE JUDGMENT DATED W.P.(C). NO. 19998 OF 2003 DATED 25/06/2003. RESPONDENT'S EXHIBITS: EXT.R7(a): COPY OF THE B.ED DEGREE CERTIFICATE ISSUED TO 7TH RESPONDENT BY GANDHIJI UNIVERSITY. W.P.(C). NO. 15093/2006-V EXT.R7(b): COPY OF THE M.A. DEGREE CERTIFICATE ISSUED TO 7TH RESPONDENT BY MADURAI KAMARAJ UNIVERSITY. EXT.R7(c): COPY OF THE M.A. DEGREE CERTIFICATE ISSUED TO 8TH RESPONDENT BY CALICUT UNIVERSITY. EXT.R7(d): COPY OF THE B.ED DEGREE CERTIFICATE ISSUED TO 8TH RESPONDENT BY M.G.UNIVERSITY. EXT.R7(e): COPY OF THE M.A.DEGREE CERTIFICATE ISSUED TO 11TH RESPONDENT BY GANDHIJI UNIVERSITY. EXT.R7(f): COPY OF THE B.ED DEGREE CERTIFICATE ISSUED TO 11TH RESPONDENT BY GANDIHIJI UNIVERSITY. //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. ============== W.P.(C) NO. 15093 OF 2006 (V) ==================== Dated this the 26th day of November, 2008 J U D G M E N T Petitioner is an UPSA. In this writ petition, the challenge is against the eligibility of respondents 4 and 14 to 21 to the post of HSST Junior (Sociology). According to the petitioner, the aforesaid persons were ineligible for the reason that though they have got post graduation in Sociology, their B.Ed is neither in the same subject nor in the concerned faculty. Petitioner pursued the dispute by filing Ext.P8 representation to the 2nd respondent and that resulted in Ext.P10 adverse order. Ext.P10 was challenged by the petitioner before this Court in WP(C) No.12995/04 and that writ petition was dismissed by Ext.P12 judgment. Against Ext.P12, petitioner also filed WA No.1691/05. The writ appeal was dismissed by Ext.P13 judgment. The matter was carried before the Apex Court by filing SLP No.3747/06. In the SLP, Ext.P14 order was passed by the Apex Court permitting withdrawal of the petition and accordingly the SLP was dismissed. It was thereafter that this writ petition is filed praying for interfering with the appointment of respondents 4 and 14 to 21 on the ground that they are ineligible for the post of HSST(Jr) Sociology for the same reasons. WPC 15093/06 :2 : 2. As already noticed, SLP was dismissed as withdrawn. Therefore Exts.P12 and P13 judgments rendered by this Court in writ petition and writ appeal filed by the petitioner have attained finality and remains with full force. If that be so, a second writ petition on the same issue is impermissible. Counsel for the petitioner seeks reconsideration of Ext.P12 judgment. In my view, Ext.P12 judgment has been confirmed by the Division Bench in Ext.P13 and therefore, there is no question of reconsidering Ext.P12. That apart, Ext.P12 having attained finality, cannot be reconsidered and that too in a second writ petition filed by the petitioner himself, which even otherwise is not maintainable. Since the issue is covered against the petitioner by Exts. P12 and P13 judgments and for that reason as this writ petition is not maintainable, the writ petition is only to be dismissed and I do so. ANTONY DOMINIC, JUDGE Rp