IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 11189 of 2011(W) --------------------------------- PETITIONER: -------------- RATNAKARAN.A., CRAFT TEACHER, DEVASEVA UPPER PRIMARY SCHOOL, KANNADIPARAMBA POST, KANNADIPARAMBA, KANNUR DISTRICT, PIN-670 604. BY ADV. SRI.K.P.SUDHEER SRI.SUMODH MADHAVAN NAIR RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI, PIN-670 561. 4. THE MANAGER, DEVASEVA UPPER PRIMARY SCHOOL, KANNADI PARAMBA, N.K.HOUSE, NEAR DHANRAJ TALKIES, POST CHIRAKKAL-670 011, KANNUR DISTRICT. 5. A.P.PAVITHRAN (TEACHER), DEVASEVA UPPER PRIMARY SCHOOL, KANNADIPARAMBA POST-670 604, KANNUR. ADDL.R6 SUO MOTU IMPLEADED ADDL.R6. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. (IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 31.05.2011) WP(C).No. 11189/2011 BY ADVS. SRI.M.RAMESH CHANDER FOR R4 SMT.K.A.SANJEETHA FOR R4 SRI.GRASHIOUS KURIAKOSE FOR R5 SRI.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.11189/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPLICATION DTD.01.04.2010 SUBMITTED BY PETITIONER BEFORE R3. EXT. P2 : COPY OF JUDGMENT DTD.9.9.10 IN WP(C) 10445/10 PASSED BY THIS HON'BLE COURT. EXT. P3 : COPY OF ORDER No.K.DIS/C/1628/2010 DTD.26.11.10 PASSED BY R3. EXT. P4 : COPY OF JUDGMENT DTD.10.1.11 IN WP(C) 697/11 PASSED BY this HON'BLE COURT. EXT. P5 : COPY OF JUDGMENT DTD.7.2.11 IN WP(C) 3873/11 PASSED BY THIS HON'BLE COURT. EXT.P6 : COPY OF ORDER No.B6/11199/10/K.DIS DTD.19.2.11 ISSUED BY R2. EXT.P7 : COPY OF REPRESENTATION DTD.21.3.11 SUBMITTED BY PETITIONER BEFORE R4. 5TH RESPONDENT'S EXHIBITS: EXT.R5(A) : COPY OF APPEAL DTD.21.3.11 FILED BY R5 BEFORE Director of Public Instruction,. TRIVANDRUM. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11189 OF 2011 --------------------------------------- Dated this the 31st day of May, 2011. J U D G M E N T The petitioner seeks for a direction to the 3rd respondent to implement Ext.P3 order by appointing him as Headmaster of the school. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents 4 and 5. The 5th respondent in the counter affidavit has produced Ext.R5(A) which is styled as an appeal submitted before the Director of Public Instruction against Ext.P6 order of the District Educational Officer affirming Ext.P3 order. Learned counsel for the Manager submitted that the Manager has also filed an appeal against Ext.P6 order before the Director of Public Instruction. The Director of Public Instruction is not a party in this writ petition and therefore, the Director of Public Instruction is suo motu impleaded as additional 6th respondent in the writ petition for effective adjudication of the dispute that has arisen between the W.P.(C) No.11189/2011 2 parties herein. Since the appeals are pending before the Director of Public Instruction, there will be a direction to the additional 6th respondent Director of Public Instruction to take a decision on Ext.R5(A) along with the appeal sai d to have been filed by the Manager, after hearing the petitioner and the respondents 4 and 5, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will furnish a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp