IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 RP.No. 24 of 2008(B) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36763/2003 Dated 03/01/2007 .................... REVIEW PETITIONER(S): REVIEW PETITIONERS/RESPONDENTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDINGS SANTHI NAGAR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT(S): PETITIONER: -------------------------- BABY P.T., HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS), GOVERNMENT HIGHER SECONDARY SCHOOL (GHSS), ARALAM, KANNUR DISTRICT. ADV.N.REGHURAJ THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.SIRI JAGAN, J. ================== R.P.No. 24/2008 in W.P.(C).No. 36763/2003 ================== Dated this the 17th day of March, 2010 O R D E R This review petition is filed by the State seeking to review the judgment dated 3.1.2007 in W.P.(C). No.36763/2003. That judgment was passed only on the ground that no counter affidavit had been filed in the writ petition. In view of the averments in the review petition explaining the reasons why the counter affidavit could not be filed, I feel that the State should be given an opportunity to contest the matter on merits. Accordingly, this review petition is allowed and the judgment dated 3.1.2007 is recalled. Post the writ petition for hearing. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge