IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4112 of 2009(M) ------------------------- PETITIONER: --------------- AMBUJAKSHI.M. D/O. CHAPPAN NAIR K. AGED 53 YEARS, MADATHIL HOUSE, ANNASSERY PO, THALAKKULATHUR KOZHIKODE 673 317. BY ADV. SRI.P.R.SREEJITH RESPONDENTS: --------------- 1. MR.C.M.RAJAN MANAGER, C.M.C. GIRLS AND BOYS HIGH SCHOOL ELATHUR, KOZHIKODE. 2. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER KOZHIKODE. 4. THE SECRETARY GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No. 4112 of 2009-M --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is an Urdu Teacher and a claimant under Rule 51A Chapter XIV A KER. She is an approved UPSA in C.M.C. Girls and Boys High School under the management of the first respondent. According to her she is a person entitled to hold the vacancy arose that on 31.3.2008 to the post of HSA -Urdu in the School and that her preferential right for appointment stand confirmed by Exhibit P1 and P3. 2. According to the petitioner, the first respondent is illegally permitting the appointee to continue in service denying appointment to the petitioner to the post to which she is legally entitled. The act of the first respondent is deliberate disobedience of the departmental orders, Exhibits P1 and P3. The petitioner preferred petition dated 9.1.2009 before the 2nd respondent under Rule 7 of Chapter III KER. Exhibit P4 is the said petition. Having regard to the facts and circumstances of the case, I am of the view that the disposal of Exhibit P4 on merits will serve the ends of justice. Therefore I direct the 2nd respondent to consider and dispose of Exhibit P4 on merits and pass appropriate orders after affording an opportunity of being heard to the affected persons. The W.P(C) No. 4112 of 2009-M 2 order shall be passed within a period of two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment and copy of the Writ Petition before the 2nd respondent. The Writ Petition is disposed of accordingly. HARUN-UL-RASHID JUDGE ab W.P(C) No. 4112 of 2009-M 3 W.P(C) No. 4112 of 2009-M 4 W.P(C) No. 4112 of 2009-M 5