IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9819 of 2009(V) -------------------------------------- PETITIONER(S): ------------------------ RAMESH.A, PHYSICAL EDUCATION TEACHER G.H.S.S. KARUPADANNA, TRICHUR. BY ADVS. MR.M.BALAGOVINDAN MR.T.K.ANANDA PADMANABHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT (J) SECRETARAIT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTITUTION THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION TRICHUR. 4. HEADMISTRESS G.H.S.S.KARUPADANNA, TRICHUR. SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.9819 of 2009 -V ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard Sri.M.Balagovindan, the learned Counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents. 2. The petitioner is presently working as Physical Education Teacher. He was advised for appointment by the Kerala Public Service Commission, on 22.10.1999 and appointed by Ext.P2 Government order dated 7.1.2002. According to the petitioner he possesses the qualifications prescribed for the post of HSA (English) also. Claiming promotion as HSA (English), he moved the Deputy Director of Education in Ext.P5 representation. The said request was rejected by Ext.P6 letter dated 22.1.2009. In this writ petition the petitioner challenges Ext.P6 and seeks a writ in the nature of mandamus commanding the Director of Public Instruction to appoint him as HSA (English). 3. The petitioner’s request for appointment as HSA (English) was rejected by the Deputy Director of Education. The petitioner has straight away moved this Court challenging Ext.P6 W.P(C) No.9819 of 2009 -V 2 without moving the higher authorities namely the Director of Public Instruction and the Government. In my opinion the petitioner ought to have moved the Director of Public Instruction or the Government seeking their intervention. I am therefore not inclined to entertain this writ petition at this stage. I accordingly dispose of this writ petition with the following directions. The petitioner shall within one month from today file appropriate representation before the Secretary to Government, General Education Department setting out his claims and contentions. The Secretary to Government, General Education Department shall within three months thereafter consider the said representation and take a decision thereon in the light of the relevant rules and the Government orders governing the field. The Government shall also afford the petitioner a reasonable opportunity of being heard before taking a decision in the matter. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.9819 of 2009 -V 3