IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / '2TH CHAITHRA 1931 WP(C).No. 37220 of 2008(E) -------------------------- PETITIONER ------------- ANLALATH CHALIKANDY PEEDIKAYIL, S/O.K.N.CHEKKUTTY, RAMLA MANZIL, MANAKAYI POST KAYANI, KANNUR 670 702 (HIGHER SECONDARY SCHOOL TEACHER(SR), M.M.HIGHER SECONDARY SCHOOL, THALASSERY. BY ADV. SRI.V.B.UNNIRAJ SMT.R.S.GEETHA RESPONDENT(S): ------------------- 1. GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, PARAPPIL, KOZHIKODE. 4. THE MANAGER, MM HIGHER SECONDARY SCHOOL, THALASSERY, KANNUR. ADV. SMT.SHYLA SHAFFEQ FOR R4 BY SENIOR GOVERNMENT PLEADER SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37220 of 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBI P1 : TRUE COPY OF THE M.S.W. DEGREE CERTIFICATE EXHIBIT P2 : TRUE COPY OF THE ORDER PASSED BY SECOND RESPONDENT. EXHIBIT P3: : TRUE COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED BY IGNOU. EXHIBIT P4 : TRUE COPY OF THE PROCEEDINGS OF THE MANAGER M.M.H.S.S. EXHIBIT P5 : TRUE COPY OF THE LETTER DATED 8.11.2007 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE REQUEST SUBMITTED BY THE MANAGER, M.M.H.S.S. EXHIBIT P7: TRUE COPY OF THE RECOGNITION CERTIFICATE OF THE UNIVERSITY OF KERALA. EXHIBIT P8: TRUE COPY OF THE RECOGNITION CERTIFUCATE OF THE UNIVERSITY OF CALICUT. EXHIBIT P9: TRUE COPY OF THE RECOGNITION CERTIFICATE OF THE MAHATMA GANDHI UNIVERSITY. EXHIBIT P10: TRUE COPY OF THE RECOGNITION CERTIFICATE OF THE UNIVERSITY OF KANNUR DTD.10.2.93. EXHIBIT P11: TRUE COPY OF THE RECOGNITION CERTIFICATE OF THE UNIVERISITY OF COCHIN. EXHIBIT P12: TRUE COPY OF THE LETTER DATED 30.4.2005. EXHIBIT P13: TRUE COPY OF THE ORDER IN WPC NO.26824 OF 2006 EXHIBIT P14: TRUE COPY OF THE ORDER DATED 25.7.2008. //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 37220 of 2008-E ------------------------------ Dated this the 2nd day of April, 2009. J U D G M E N T The issue raised in this writ petition is admittedly covered in favour of the petitioner by the decision of this Court in State of Kerala V Sujakumari (2006(1) ILR Ker 431) and Ext.P13 judgment in W.P(C) No.26824 of 2006 and also the judgment of this Court in W.P (C) Nos.18564 of 2008 and 16189 of 2008. The learned Government Pleader however submits that the State has filed a Special Leave Petition in the Apex Court against the decision of this Court in State of Kerala V. Sujakumari 2006(1) ILR Ker 431) and therefore the petitioner cannot rely on the dictum laid down therein. 2. Ext.P14, the order impugned in this writ petition discloses that the Director of Higher Secondary Education has taken the stand that the appointment of the petitioner cannot now be regularised on the ground that the appeal filed by the State of Kerala from the decision of this Court in State of Kerala V. Sujakumari (Supra) is pending in this Apex Court. The learned counsel for the petitioner submits that approval has been granted in similar cases subject to the condition that the approval will be W.P(C) No. 37220 of 2008-E 2 subject to the decision of the Apex Court in the Special Leave Petition filed by the State of Kerala. After hearing the submissions made at the Bar and on going through the pleadings and the materials on record, I am of the considered opinion that the stand taken in Ext.P14 cannot be sustained. Ext.P14 is accordingly quashed. The second respondent is directed to regularise the appointment of the petitioner subject to the outcome of the decision of the Apex Court in the Special Leave Petition filed by the State of Kerala against the decision of this Court in State of Kerala V. Sujakumari (Supra). Final orders in the matter shall be passed within two months from the date of receipt of a certified copy of this judgment. Payment of arrears of salary and allowances shall be made within two weeks from the date on which the arrear bill is submitted by the Principal of the school. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge