IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16439 of 2011(D) -------------------------- PETITIONER: --------------- P.V.HARIKRISHNAN, LOWER PRIMARY SCHOOL ASSISTANT, EDAYUR S.V.A.L.P.SCHOOL KUTTIPPURAM EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT. BY ADV. SRI.K.E.HAMZA RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPPURAM, MALAPPURAM DISTRICT- 679 001. 3. THE MANAGER, EDAYUR S.V.A.L.P.SCHOOL KUTTIPPURAM EDUCATION SUB DISTRICT, MALAPPURAM DISTRIC 676 505T. 4. SRI.K.HAMSA, TEACHER-IN-CHARGE, EDAYUR S.V.A.L.P.SCHOOL, KUTTIPPURAM EDUCATION SUB DISTRICT, MALAPURAM DISTRICT-676 505. BY GOVT.PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.16439/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF CERTIFICATE ISSUED BY THE PSE(K.E.ACT AND RULES) DT.21.1.11 EXT.P1(A): TRUE COPY OF CERTIFICATES ISSUED BY THE PSC(ACCOUNT TEST (LOWER) DT.21.1.11. EXT.P2: TRUE COPY OF REQUEST BEFORE THE 2ND RESPONDENT ALONG WITH THE ENDORSEMENT BY THE AEO.DT.27.4.11/5.5.11. EXT.P3: TRUE COPY OF REQUEST BEFORE THE MANAGER DT.2.5.11. EXT.P4: TRUE COPY OF REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DT.3.6.11. EXT.P5: TRUE COPY OF DECISION REPORTED IN 1991 (1) KLT 337(FB) DT.25.1.91. TRUE COPY P.A.TO JUDGE. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No. 16439 Of 2011-D -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T The grievance raised herein is with regard to the non- consideration of the claim raised by the petitioner for promotion to the post of Headmaster in the school from 21.1.2011. It is pointed out that the petitioner became qualified on that date and there is no other qualified person also. It is pointed out in the Writ Petition that senior most teacher in the school Shri Hamsa has been promoted as teacher-in-charge on 1.5.2009. 2. After acquiring the test qualification, the petitioner filed a representation before the Assistant Educational Officer as per Exhibit P2 seeking for appropriate direction in the matter. Again he filed a representation before the Manager as per Exhibit P3 and he has moved the Assistant Educational Officer again by Exhibit P4. It is pointed out that no action has been taken on these representations. 3. There will be a direction to the 2nd respondent- Assistant Educational Officer to take a decision on Exhibit P4 W.P.(C)No.16439/11 -2- representation in accordance with law after hearing the petitioner, the Manager and the 4th respondent within a period of six weeks 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 2nd respondent for compliance. It is made clear that this Court has not expressed anything on the merits of his claim. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn