IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 297 of 2009(I) PETITIONER: --------------- JOSEPH MATHEW, S/O. P.J. MATHEW, AGED 44 YEARS, HIGHER SECONDARY SCHOOL TEACHER (HISTORY), ST. DOMINIC HIGHER SECONDARY SCHOOL, KANJIRAPPALLY. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SEONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION EDAPPALLY, ERNAKULAM -24. 4. THE CORPORATE MANAGER, DIOCESE OF KANJIRAPPALLY, KANJIRAPPALLY 686 507. 5. SMT. LUCY KURIEN, HIGH SCHOOL ASSISTANT, ST. MARY'S HIGH SCHOOL, THEKKEMALA, PERUVANTHANAM 685 532. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 297 OF 2009 I ------------------------------------------------------ Dated this the 5th January, 2009 JUDGMENT The petitioner is working as Higher Secondary School Teacher (History). The fifth respondent challenged the appointment of the petitioner in W.P.(C) No.20351 of 2008, which was disposed of by this Court as per Ext.P3 judgment dated 16.7.2008. The Writ Petition was disposed of directing the Regional Deputy Director to consider the representation submitted by the fifth respondent, after affording an opportunity of being heard to the parties. The third respondent, the Regional Deputy Director of Higher Secondary Education, passed Ext.P7 order in the purported compliance of Ext.P3 judgment. Challenging Ext.P7 order, the Manager as well as the petitioner have filed Exts.P8 and P9 appeals before the Director of Higher Secondary Education (second respondent). The petitioner has also filed a stay petition, Ext.P9 (a). Exts.P8, P9 and P9(a) are pending disposal before the second respondent. 2. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibit P7 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. W.P.(C) NO. 297 OF 2009 :: 2 :: (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd respondent to approve the appointment of the petitioner as Higher Secondary School Teacher (History) forthwith. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to effectively consider and pass appropriate orders upon Exhibits P9 and P9(a) after affording an opportunity of being heard to the petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The learned counsel for the petitioner submits that the petitioner confines his relief to relief (iii), for the time being. For the purpose of considering that relief, I do not think that it is necessary to issue notice to respondents 4 and 5. Government Pleader takes notice for respondents 1 and 2. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Higher Secondary Education shall dispose of Exts.P8 and P9 appeals as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and respondents 4 and 5. W.P.(C) NO. 297 OF 2009 :: 3 :: b) The Director of Higher Secondary Education shall also consider the interim relief as prayed for in Ext.P9(a) can be granted, after affording an opportunity of being heard to the petitioner and respondents 4 and 5. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. d) Petitioner shall forward a copy of the Writ Petition and true copy of the judgment to respondents 4 and 5 separately by registered post and shall produce proof of the same before the Director of Higher Secondary Education. e) It is made clear that I have not expressed any view on the merits of the case. (K.T.SANKARAN) Judge ahz/