IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34166 of 2011(U) -------------------------- PETITIONER: ------------- SMITHA T.F., W/O. JOBY GEORGE, AGED 31 YEARS, KULANGARA HOUSE, ERAVU P.O., THRISSUR DISTRICT -680 620. BY ADV. SRI.BIJU ABRAHAM SRI.K.JINESH RESPONDENTS: --------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM -695 001. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPALLY, ERAKULAM -682 024. 4. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 020. 5. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR- 680 020. 6. HIGH SCHOOL & HIGHER SECONDARY SCHOOL, ARIMPUR, ST. THERASAS SHIP CHURCH, ERAVU P.O., ARIMPUR, THRISSUR, 680 020. REPRESENTED BY ITS MANAGER. 7. BREEMI THOMAS, D/O. THOMASA, AGED ABOUT 27 YEARS, NEELANKAVIL MUTTIKKAL HOUSE, UKKEN'S ROAD, PAVARATTI P.O., 680507. BY SENIOR GOVERNMENT PLEADER, SRI.M.A.FAYAZ FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34166/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER OF THE PETITIONER BY THE 6TH RESPONDENT DT.1.6.09. EXT.P2: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE MANAGER TO PROMOTE THE PETITIONER. EXT.P3: COY OF GOVERNMENT ORDER DT.24.10.11. EXT.P4: COPY OF LETTER NO.60930/J2/11/G.EDN. DT.25.10.2011 OF THE GOVERNMENT WITH RELEVANT PAGES OF THE APPENDIX SHOWING THE PETITIONER'S NAME. EXT.P5: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT MANAGER DT.8.11.11. EXT.P6: COPY OF RELEVANT PORTION OF THE PUBLICATION MADE BY THE 6TH RESPONDENT IN DEEPIKA DAILY DT.27.11.11. EXT.P7: COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT DT.28.11.11. EXT.P8: COY OF COMPLAINT MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.1.12.11. EXT.P9: COPY OF ORDER NO.H2/35920/11/DPI DT.12.12.11 OF THE 2ND RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.34166 of 2011 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2011 JUDGMENT The petitioner herein is working as High School Assistant (Mathematics) in the 6th respondent-School. The grievance is regarding the exclusion of the petitioner from considering her claim for promotion to the post of Higher Secondary School Teacher(Mathematics) in the Higher Secondary School. 2. The petitioner was appointed as High School Assistant (Mathematics) from 1.6.2009 by Exhibit P1 order. But, based on the ban order issued by the Government as per GO(P) No.317/2005 dated 17.8.2005, the approval was rejected and now an appeal/revision is pending before the Government. 3. The Higher Secondary School was started during 2010-11. It is the case of the petitioner that vacancies were notified as per Exhibit P6 and the petitioner applied for the same. But the application was rejected, as her appointment has not been approved. Against the same, the petitioner submitted a complaint before the 3rd respondent as per Exhibit P8. W.P.(C)No.34166/11 -2- 4. It is clear from the pleadings that the 7th respondent has already been appointed from open quota. The petitioner prays that before any approval is granted to the appointment of the 7th respondent, the claim of the petitioner may be directed to be considered. 5. In the light of the direction proposed to be passed, it is not necessary to issue notice at this stage to respondents 6 and 7. 6. There will be a direction to the 3rd respondent to consider the grievance raised by the petitioner as per Exhibit P8, before any approval is granted to the appointment of the 7th respondent as Higher Secondary School Teacher(Mathematics) after hearing the petitioner and respondents 6 and 7. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn