IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15554 of 2011(T) ---------------------------------------- PETITIONER(S): ---------------------- U.V.RAMESAN, S/O.KANDAKUTTY, AGED 46 YEARS, HIGHER SECONDARY SCHOOL TEACHERS (ECONOMICS A.K.K.R HIGHER SECONDARY SCHOOL FOR GIRLS CHALANNUR, KOZHIKODE DISTRICT. BY ADVS. 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, THIRUVANANTHAPURAM 696001 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BULDINGS, SANTHI NAGAR THIRUVANANTHAPURAM 696001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, REGIONAL CENTRE,KOZHIKODE 673 001. 4. THE MANAGER, A.K.K.R HIGHER SECONDARY SCHOOL FOR GIRLS, CHALANNUR, KOZHIKODE DISTRICT 673 618. 5. SRI.K.MANOJ KUMAR ,PRINCIPAL, A.K.K.R HIGHER SECONDARY SCHOOL FOR GIRLS, CHALANNUR, KOZHIKODE DISTRICT 673 618. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15554/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.A3/20433/HSE/2001 OF THE 2ND RESPONDENT DTD. 4/12/2002. P2: COPY OF THE REQUEST OF THE PETITIONER BEFORE THE MANAGER DTD. 23/03/2011. P3: COPY OF THE APPEAL FILED BEFORE THE 3RD RESPONDENT DTD. 02/04/2011. P4: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF THE APPEAL DTD. 06/05/2011. P5: COPY OF THE CIRCULAR NO.23184/TI/2006/G.EDN. OF THE GOVERNMENT DTD. 20/05/2006. P6: COPY OF THE DECISION REPORTED IN 2006 (1) K.L.T. 356 DTD. 15/12/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15554 Of 2011 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2011 J U D G M E N T The petitioner is aggrieved by the posting given to the 5th respondent as Principal of the Higher Secondary School managed by the 4th respondent. It is the case of the petitioner that the petitioner is senior to the 5th respondent in the category of Higher Secondary School Teacher. 2. A vacancy arose on 31.3.2011 on the retirement of the existing then Principal Shri T.S.Suresh Babu. Later, the petitioner filed an application as per Exhibit P2 seeking promotion. According to the petitioner, ignoring the same, 5th respondent was posted as Principal by the 4th respondent- Manager and the petitioner immediately filed an appeal as per Exhibit P3. Seeking for consideration of the same, this Writ Petition has been filed. 3. Evidently, the appointment has not yet been approved by the 3rd respondent by passing any order on the proposal. Therefore, there will be a direction to the 3rd respondent to take W.P.(C)No.15554/11 -2- a decision on Exhibit P3 appeal filed by the petitioner after hearing the petitioner and respondents 4 and 5 before any order is passed on the proposal to approve the appointment of the 5th respondent as Principal. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge