IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23265 of 2009(C) -------------------------- PETITIONER(S): --------------- YOOSUFALI.E., HSST-ECONOMICS, MES HSS-MANNARKKAD, MANNARKKAD COLLEGE P.O., PALAKKAD. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. 4. THE CORPORATE MANAGER, MES SCHOOLS, MES OFFICE, BANK ROAD, KOZHIKODE-1. 5. MS.C.RAHNA KUNHU, HSST (JR)-CONOMICS, MES HIGHER SECONDARY SCHOOL, ERUMBILIYUM, VALANCHERRY, MALAPPURAM DISTRICT. 6. MS.P.SHEEFA, HSA-ECONOMICS MES HIGHER SECONDARY SCHOOL, ERUMBILIYUM, VALANCHERRY, MALAPPURAM DISTRICT. GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23265/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of August, 2009 J U D G M E N T The petitioner is working as H.S.S.T (Senior) (Economics), in the leave vacancy of Smt.Sulekha who is on leave for five years, under the fourth respondent Manager. The said appointment has been approved. The period of appointment is from 02/06/2008 to 15/02/2013. The order of approval is produced as Ext.P1. 2. The petitioner points out that in the meanwhile a post of H.S.S.T (Senior) (Economics) arose at M.E.S H.S.S, Mannarkkad, which is a regular one, following the resignation of Mr.Fazl M.P. It is submitted that the petitioner has got a preferential right for appointment in the said vacancy, but the Manager appointed the fifth respondent, a H.S.S.T (Junior) (Economics), in the said vacancy and the sixth respondent H.S.A (Economics), was given promotion and posted as H.S.S.T (Junior) (Economics) in the place of the fifth respondent. Ext.P2 is the said order. The learned counsel for the petitioner relied upon the decision of the Division Bench of this Court in Jayasree T. vs. Director of Higher Secondary Education and Others [2009 (2) KHC 424 (DB)], to contend W.P.(C). No.23265/2009 -:2:- for the position that the petitioner has got a preferential claim for appointment in the vacancy. It is therefore, contended that the appointment itself is illegal. 3. The learned counsel for the petitioner submits that the appointment of the fifth respondent as H.S.S.T (Senior) (Economics) is illegal in the light of the relevant Rules namely, Rule 4(2) and Note (ii) to Rule 4(2) of Chapter XXXII K.E.R. Whatever that be, it is a matter for the second respondent to consider. If the petitioner files a representation before the second respondent within a period of two weeks from today, the same will also be considered by the second respondent before taking a decision on the proposals for approval submitted by the Manager in respect of appointments of respondents 5 and 6. The petitioner will be informed of the result of the decision also by the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms