IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 374 of 2010(V) ------------------------ PETITIONER(S): --------------- 1. THE MANAGER,SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,THEYYALINGAL, MALAPPURAM DISTRICT. 2. V.P.ASHARAF,HIGHER SECONDARY SCHOOL TEACHER (JUNIOR)(ARABIC),SEETHI SAHIB MEOMORIAL HIGHER SECONDARY SCHOOL,THEYYALINGAL,MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS,TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,KOZHIKODE. 4. SRI.POCKERKUTTY.M.K,HIGH SCHOOL ASSISTANT (ARABIC),SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,THEYYALINGAL,MALAPPURAM DISTRICT. ADV. SRI.K.A.JALEEL FOR R4 GOVERNMENT PLEADER SRI.SANIL KUMAR K FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 374/10 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE. P2 COPY OF THE ORDER OF R3. P3 COPY OF THE G.O. DT 28-3-08. P4 COPY OF THE ORDER OF R2 DT 7-3-09. P5 COPY OF THE G.O. DT 14-12-09. P6 COPY OF THE STAFF STATEMENT OF THE SCHOOL. P7 COPY OF THE HEARING NOTE. P8 COPY OF THE DECISION IN 2009 (4) KLT 20. P9 COPY OF THE DECISION IN 2008 (7) SCC 70. P10 COPY OF THE ORDER OF R3. P12 COPY OF THE RELINQUISHMENT LETTER OF R4. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE REPRESENTATION DT 17-8-07. R4(B) COPY OF THE JUDGMENT DT 17-12-08. R4(C) COPY OF THE JUDGMENT DT 22-6-09. R4(D) COPY OF THE LETTER DT 13-7-09. R4(E) COPY OF THE SERVICE CERTIFICATE DT 24-11-07. R4(F) COPY OF THE CERTIFICATE DT 17-6-85. R4(G) COPY OF THE MA DEGREE CERTIFICATE DT 26-11-01. R4(H) COPY OF THE CERTIFICATE DT 10-8-06. R4(I) COPY OF THE CERTIFICATE DT 21-12-02. R4(J) COPY OF THE CERTIFICATE DT 14-8-89. R4(K) COPY OF THE LETTER DT 27-1-10. // True Copy // P.A. To Judge C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 374 of 2010 V ``````````````````````````````````````````````````````` Dated this the 24th day of June, 2010 J U D G M E N T The petitioners are respectively the Manager and Higher Secondary School Teacher(Junior) in Arabic of Seethi Sahib Memorial Higher Secondary School, Theyyalingal in Malappuram District. The second petitioner's appointment to the aforesaid post was cancelled as per Ext.P5 at the instance of the fourth respondent. It is challenging Ext.P5 order and seeking consequential reliefs that this writ petition has been filed. During the pendency of this writ petition, the fourth respondent has relinquished his claim for promotion as HSST(Junior)-Arabic against the vacancy to which the second petitioner was promoted. Ext.P12 is the relinquishment letter of the fourth respondent on the aforesaid lines. In the light of Ext.P12, Ext.P5 requires reconsideration. Admittedly, Ext.P5 was issued taking into account the claim put forth by the fourth respondent. In fact, the fourth respondent himself got withdrawn W.P.(C) No.5049/2010 filed by him based on Ext.P12 relinquishment letter. In view of the aforesaid circumstances, to enable the first respondent to WPC.374/2010 : 2 : reconsider the question of approval of appointment of the second petitioner, Ext.P5 is set aside. Accordingly, there will be a direction to the first respondent to consider the question of approval of appointment of the second petitioner as HSST(Junior)- Arabic in the first petitioner's school made as per Ext.P1 order, in the light of Ext.P12. Needless to say that appropriate steps to disburse the consequential benefits shall also be taken expeditiously. The writ petition is disposed of as above. (C.T.RAVIKUMAR, JUDGE) aks