IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30682 of 2011(I) -------------------------- PETITIONER: ------------- SHEEBA.T.J,HIGHER GRADE H.S.S.T.(JR)IN MATHS,, C.M.S.COLLEGE HIGHER SECONDARY SCHOOL, KOTTAYAM. BY ADV. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN SRI.ACHUTH KYLAS RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, HIGHER SECONDARY EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR, OFFICE OF THE DIRECTOROF HIGHER SECONDARYEDUCATION, THIRUVANANTHAPURAM, PIN-695001. 3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,CORPORATION BUILDING, IVTH FLOOR,PALAYAM,THIRUVANANTHAPURAM-695001. 4. THE CORPORATE MANAGER,C.M.S.SCHOOLS, KOTTAYAM,DIOCESAN OFFICE,BISHOP GILL MEMORIAL BUILDING,CATHEDRAL ROAD,KOTTAYAM-686001. 5. SMT.SOSAMMA JOSHUA,H.S.S.T,MATHEMATICS, C.M.S.HSS,MALLAPPALLY-689585. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.30682/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PROCEEDINGS AND MINUTES OF THE SELECTION COMMITTEE OF HSST(JR.)MATHS. APPOINTMENT. EXT.P2: TRUE COPY OF PETITIONER'S APPOINTMENT ORDER DATED 5.9.2007. EXT.P2(A): TRUE COPY OF THE JOINING DUTY REPORT OF PRINCIPAL TO REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION. EXT.P2(B): TRUE COPY OF DECLARATION DATED 5.9.2007 OF 4TH RESPONDENT. EXT.P3: TRUE COPY OF REPRESENTATION DATED 30.8.2011 SUBMITTED BY PETITIONER BEFORE THE MANAGER. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 19.10.2011 SUBMITTED BEFORE 3RD RESPONDENT. EXT.P4(A): COPY OF ACKNOWLEDGEMENT CARD OF EXT.P4 EXT.P5: COPY OF JUDGMENT DT.17.9.09 IN W.A.NOS.586 & 587/08 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.30682 of 2011 -------------------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is working as Higher Secondary School Teacher(Junior-Mathematics), which appointment has been approved. The appointment is in a leave vacancy for a period of five years. 2. The grievance raised by the petitioner is against the appointment made by the Manager of the 5th respondent as Higher Secondary School Teacher(Mathematics) in a regular vacancy, allegedly overlooking the claim of the petitioner. 3. The petitioner relies upon various orders and Exhibit P5 judgment of this Court in support of her claim. 4. Exhibit P4 is the objection filed by the petitioner before the 3rd respondent to the proposal for grant of approval of appointment of the 5th respondent. The learned counsel for the petitioner submitted that unless directions are issued in the matter, any time approval will be granted to the appointment of the 5th respondent, without considering the claim of the W.P.(C)No.30682/11 -2- petitioner. 5. Heard the learned Government Pleader appearing for respondents 1 to 3. 6. In view of the urgency pleaded by the petitioner, the Writ Petition is disposed of with a direction to the 3rd respondent to consider the objection raised by the petitioner as per Exhibit P4, before granting approval of appointment of the 5th respondent, if necessary by hearing the petitioner, the Manager and the 5th respondent. Appropriate orders will be passed within a period of two months from the date of receipt of a copy of this judgment. 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