IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.A.No.1789 of 2008 ----------------------------------- AGAINST THE ORDER IN WP(C).NO.25235/2008-D, DATED 21/08/2008 .................... APPELLANT: PETITIONER:- --------------------------------------- K.SUDEVAN, MANAGER, C.A.HIGH SCHOOL, PERUVAMBA, RESIDING AT 'GURUKULAM' PEPRUVAMBA P.O., PALGHAT DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) & DR.GEORGE ABRAHAM RESPONDENTS: RESPONDENTS:- -------------------------------------------------- 1. SMT. SANTHAKUMARY, W/O. RAMACHNDRAN KURUMATHIL KALAM, KARUPPALI, VADAVANNOOR P.O., PALGHAT DISTRICT 2. DISTRICT EDUCATIONAL OFFICER, PALGHAT 3. DY.DIRECTOR OF EDUCATION, PALGHAT. 4. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, TRIVANDRUM - 14 5. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. W.A.No.1789 of 2008 - 2 - 6. V.KRISHNANKUTTY, S/O. VELAN, MANNADATHKULAMB, PERUVAMBA, PALAKKAD. R1 BY ADV.SRI.V.CHITAMBARESH (SR.) & SRI.T.C.SURESH MENON. R2 TO R5 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R6 BY ADV.SRI.P.K.SURESH KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1789 of 2008 ---------------------------------------------- Dated, this the 28th day of August, 2008 JUDGMENT H.L.Dattu,C.J. The first query that we made to Sri.N.N.Sugunapalan, learned Senior Counsel, is, whether can we put the clock back. His answer is, “sometimes it can be”. But, in our opinion, it is obviously “no”. (2) Petitioner was working as the Manager of C.A.High School, Peruvamba. In his place, the 1st respondent has been appointed as the Manager of the school. Aggrieved by the action of the school authorities in replacing the Manager of the School and its approval by the Director of Public Instruction, petitioner is before this Court in W.P.(C). No.25235 of 2008. (3) The petitioner has also sought for an interim prayer. (4) The learned Single Judge, while considering the interim prayer, has observed that there is some merit in what the petitioner has stated in the writ petition; but, taking into consideration the events that have taken place during the pendency of the writ petition, has refused to grant the interim relief. But, however, has made it clear that the 1st respondent, who has been appointed as Manager of C.A.High School, Peruvamba, shall not make any fresh appointment, either of teaching or non-teaching staff, without the permission of this Court. W.A.No.1789 of 2008 - 2 - (5) Having gone through the interim orders passed by the learned Single Judge, we are of the view that the learned Single Judge has not committed any error, whatsoever, which would call for our interference in appeal. Therefore, the Writ Appeal requires to be rejected and it is rejected. (6) However, we reserve liberty to the appellant, if he so desires, to make an appropriate application for out of turn hearing of the matter. If such a request is made, we request the learned Single Judge to consider the same. (7) All the contentions of both the parties are left open. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/dk Judge