IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 33935 of 2008(M) -------------------------- PETITIONER(S): --------------- HEADMISTRESS, GOVT. MODEL HIGHER SECONDARY SCHOOL, CALICUT UNIVERSITY CAMPUS, PO.CALICUT UNIVERSITY, MALAPPURAM. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): -------------------------- 1. KERALA STATE HUMAN RIGHTS COMMISSION REP. BY ITS REGISTRAR, O/O.THE KERALA STATE HUMAN RIGHTS COMMISSION, TRIVANDRUM. 2. T.K.PRASANNA, E 12 QUARTERS CALICUT UNIVERSITY CAMPUS, MALAPPURAM-673 635. 3. K.RAJAN, HIGHER SCHOOL ASSISTANT(MATHS). 4. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM BY ADVS. MR.K.ANAND FOR R1 MR.K.S.MADHUSOODANAN FOR R2 MR.T.V.JAYAKUMAR NAMBOODIRI FOR R2 MR.THUSHAR NIRMAL SARATHY FOR R2 MR.M.M.VINOD KUMAR FOR R2 SMT.K.M.RAMYA FOR R2 BY GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33935/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT BEOFRE THE HUMAN RIGHTS COMMISSION. P2:- COPY OF THE SHOW CAUSE MEMO ISSUED TO THE 2ND RESPONDENT DT. 9.5.08. P3:- COPY OF THE ORDER ISSUED BY THE RESPONDENT DT. 18.10.08. P4:- COPY OF THE FITNESS CERTIFICATE PRODUCED BY THE 2ND RESPONDENT DT. 30.8.08. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE DISCHARGE SUMMARY ISSUED BY MALABAR INSTITUTE OF MEDICAL SCIENCES LTD. R2(b):- COPY OF THE CERTIFICATE DT. 26.7.07 . R2(c):- COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER OF MARCH 2008. R2(d):- COPY OF THE COMPLAINT TO THE 4TH RESPONDENT DEPUTY DIRECTOR OF EDUCATION DT. 12.3.08. R2(e):- COPY OF THE REPLY GIVEN TO THE 4TH RESPONDENT DT. 13.10.08. R2(f):- COPY OF THE REPORT OF THE PETITIONER DT. 5.4.08 SUBMITTED TO THE 4TH RESPONDENT. R2(g):- COPY OF THE CHART GIVEN BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DT. 256.6.08. R2(h):- COPY OF THE CHART OF INVIGILATION DUTY HAVING THE INITIALS DT. 15.3.08. R2(i):- COPY OF THE CHART OF INVIGILATION DUTY DT. 22.10.08. R2(j):- COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DT. 15.7.08. R2(k):- COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DT. 4.8.08. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No. 33935 of 2008-M --------------------------------------------- Dated this the 13th day of March, 2009. J U D G M E N T The petitioner, the Headmaster of the Government Model Higher Secondary School in the Calicut University Campus challenges Exhibit P3 interim order passed by the Kerala State Human Rights Commission. When this writ petition came up for hearing today Sri.K.S.Madhusoodhanan, the learned counsel appearing for the second respondent on whose complaint Exhibit P3 interim order was passed, submitted that the second respondent has been transferred to Government Vocational Higher Secondary School, Chelari, which is away from the Calicut University Campus, that she has no subsisting grievance and therefore she is not interested in seeking implementation of Exhibit P3 order. In view of the fact that the second respondent is not presently working in the petitioner's school, I am of the opinion that the challenge to Exhibit P3 has became infructuous. In any case the interim order was only for the academic year 2008-09. For that reason also the writ petition has become infructuous. The writ petition accordingly is closed as infructuous leaving open the contentions of both parties. W.P(C) No. 33935 of 2008-M 2 The issue raised in this writ petition is also left open to be decided in other appropriate proceedings. P.N.RAVINDRAN JUDGE ab