IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 10281 of 2010(I) -------------------------- PETITIONER(S): --------------- K.M. ABDU RAHIMAN, S/O. ABDULLAKUTTY, AGED 60, MANAGER, UMBICHI HAJI HIGHER SECONDARY SCHOOL, CHALIYAM, KOZHIKODE. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): --------------- 1. THE SECRETARY, GENERAL EDUCATION HIGHER SECONDARY WING, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 3. SMT. NAZEEMA.M.C, HSST (JUNIOR), UMBICHI HAJI HIGHER SECONDARY SCHOOL, CHALIYAM, KOZHIKODE. ADV. SRI.K.T.SHYAMKUMAR FOR R3 GOVERNMENT PLEADER SRI.DILIP MOHAN-R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2010,ALONG WITH W.P.(C).NOS. 19661 OF 2010 AND 17788 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO. 10281/2010 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of the proceedings dated 30.6.2008 of the Department approving the appointment of the petitioner as Manager. P2: True copy of the appointment order of Syed Hissamudheen dated 1.4.2009. P3: True copy of the order dated 19.9.2009 of the Regional Deputy Director, Higher Secondary Education, Kozhikode. P4: True copy of the appeal dated 7.10.2009. P5: True copy of the order of the Director, Higher Secondary Education, Thiruvananthapuram dated 2.3.2010. P6: True copy of the Review Petition dated 15.3.2010 submitted before the 1st respondent. P7: True copy of the communication addressed to the Regional Director by the petitioner. P8: True copy of the proceedings of the Director of Higher Secondary Education. P9: True copy of the staff fixation order last issued dated 26.8.2008. RESPONDENT'S EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOS. 10281, 19661 & 17788 OF 2010 -------------------------------------------- Dated this the 30th day of June, 2010 JUDGMENT W.P.(C).NO.10281/2010 This Writ Petition has been filed by the Manager of Umbichi Haji Higher Secondary School, Kozhikode challenging Exts.P3 and P5 orders. As per Ext.P2 order dated 1.4.2009, the petitioner appointed one Sri. M.V.Sayed Hissamudheen as the Principal of the said school. However, the second respondent declined to approve the appointment of Sri. M.V.Sayed Hissamudheen as Principal of the said school. The petitioner took up the matter in appeal before the Director of Higher Secondary Education, Thiruvananthapuram and the said appeal dated 7.10.2009 was rejected as per Ext.P5 order. Ext.P3 order passed by the second respondent was confirmed as per Ext.P5 order. A perusal of Ext.P3 would reveal that the reason for declining the approval of appointment of Sri. M.V.Sayed Hissamudheen as Principal of the said school is that the rightful claimant for the said post is one Smt.Naseema M.C, the third respondent herein. According to the authorities, as is obvious from Exts.P3 and P5, the third respondent is the rightful claimant for the post of W.P.(C) NOS.10281, 19661 & 17788 OF 2010 2 Principal. When this matter is taken up today, a copy of the relinquishment letter submitted by the third respondent addressed to the second respondent was made available. It is dated 27.6.2010. As per the same, the third respondent relinquished her claim for the post of Principal and she has specifically stated therein that she has no objection against the appointment of Sri. M.V.Sayed Hissamudheen as the Principal of the said school. The third respondent has also submitted that she has already submitted her relinquishment letter and the same was forwarded to the second respondent. In the light of the said subsequent developments, I do not think it necessary to delve into the facts and merits of this case any further. Obviously, the authorities have declined to approve the appointment of Sri. M.V.Sayed Hissamudheen only on the ground that Smt.Naseema M.C is the rightful claimant for the post of Principal of the School run by the petitioner. In the light of the relinquishment letter submitted by the third respondent expressing no objection with respect to the promotion of Sri. M.V.Sayed Hissamudheen, there cannot be any further impediment in approving the appointment of Sri. M.V.Sayed Hissamudheen as Principal of the said School in terms of his appointment as per Ext.P2 order. Therefore, to enable the second respondent to W.P.(C) NOS.10281, 19661 & 17788 OF 2010 3 consider the question of appointment of Sri. M.V.Sayed Hissamudheen made as per Ext.P2 as Principal of the said school, Exts.P3 and P5 are set aside. The second respondent is directed to consider the issue of approval of appointment of Sri. M.V.Sayed Hissamudheen as Principal of the said school made as per Ext.P2 and pass fresh orders in the light of the relinquishment letter submitted by the third respondent, expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. W.P.(C).NO. 19661 OF 2010 This Writ Petition has also been filed by the Manager of Umbichi Haji Higher Secondary School in Kozhikode. The challenge is against Ext.P7 order, whereby the second respondent, Smt.Naseema M.C was authorised to act as the Principal-in-charge provisionally for the purpose of drawing and disbursing the salary of the staff of the said school run by the petitioner. In the light of the judgment in W.P.(C).NO.10281/2010, Ext.P7 order is liable to be set aside. I do so. In view of the fact that Sri.Sayed Hissamudheen was appointed as the Principal of the said school as per W.P.(C) NOS.10281, 19661 & 17788 OF 2010 4 Ext.P2 order in W.P.(C).NO.10281/2010 by the petitioner herein and in view of the judgment in W.P.(C).NO.10281/2010, the second respondent is directed to provisionally approve Sri.M.V Sayed Hissamudheen as Principal to enable him to draw and disburse salary bills of the staff of the said school. This shall be done within three days from the date of receipt of a copy of the judgment. This Writ Petition is disposed of as above. W.P.(C).NO. 17788 OF 2010 This Writ Petition has been filed by a Higher Secondary School Teacher of Umbichi Haji Higher Secondary School aggrieved by the non- payment of salary for the past several months. The learned counsel for the petitioner submitted that in the light of the judgment in W.P.(C). NOs.10281/2010 and 19661/2010, no further orders are necessary in this Writ Petition. Accordingly, the Writ Petition is closed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NOS.10281, 19661 & 17788 OF 2010 5 C.T. RAVIKUMAR, J. W.P.(C) NOS.10281, 19661 & 17788 OF 2010 JUDGMENT 30th June, 2010 W.P.(C) NOS.10281, 19661 & 17788 OF 2010 6