IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 3411 of 2011(B) -------------------------------- PETITIONER(S): -------------------- SHAJU.K.M., TEACHER-IN-CHARGE, (HEADMASTER-IN-CHARGE), ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, OLIYAPPURAM.P.O., ERNAKULAM. BY ADV. SRI.K.HARILAL RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE MANAGER, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, OLIYAPPURAM.P.O., ERNAKULAM-686 679. 3. BINDUMOL P.ABRAHAM, HEADMISTRESS (UNDER SUSPENSION), ST.JOHN'S SYRIAN HIGHER SECONDARY CHOOL, VADAKARA, OLIYAPPURAM.P.O., ERNAKULAM, NOW RESIDING AT KOZHIKKATTIL HOUSE, KARIMPANA.P.O., KOOTHATTUKULAM, ERNAKULAM-686 662. R1 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3411 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011. JUDGMENT The petitioner is now working as Headmaster in charge of St. John's Syrian Higher Secondary School, Vadakara which was approved. According to the petitioner, he is the seniormost H.S.A. in the said school which is managed by the second respondent. He joined the school as Training School Assistant in a leave vacancy on 3.9.1992 and has got continuous service from 1.7.1994. He was given charge as Headmaster for nine months in the year 2001 and later he was appointed as Headmaster in charge on 1.4.2007 and continued till September, 2007. The third respondent was given charge as Headmistress with effect from 27.9.2007 and was appointed as Headmistress from 1.1.2008 as per Ext.P1 order. The approval of the said appointment was rejected as per Ext.P2 order by the District Educational Officer. The further appeal filed before the Deputy Director of Education was allowed with a direction to approve the appointment. Presently, the said approval has been provisionally granted. According to the petitioner, the eligibility of the third respondent was not considered at that point of time and the seniority of the petitioner was also wpc 3411/2011 2 not considered. 2. In the meanwhile, the third respondent was placed under suspension which resulted in the petitioner being in charge of Headmaster and the said arrangement is continuing even now. There were various litigations in the matter and with regard to the suspension of the third respondent, the Manager had occasion to approach the Government against the direction of the Deputy Director of Education to reinstate the third respondent. Meanwhile, the petitioner has moved the Government by filing Ext.P3 revision petition challenging the approval granted by the Deputy Director of Education on 11.3.2009. Earlier, the petitioner had filed an appeal before the Government and seeking for a direction to dispose of the said appeal, the petitioner had approached this Court by filing W.P.(C) NO.28565/2010 which was withdrawn with liberty to file a revision petition. Learned counsel for the petitioner prayed that till the said revision petition is disposed of, the petitioner may be allowed to continue ad Headmaster in charge. 3. Learned Govt. Pleader raised an objection that the petitioner is estopped from raising an objection now. But learned counsel for the petitioner submitted that a reading of Ext.P5 judgment will show that the petitioner has given liberty to challenge the appointment of the third wpc 3411/2011 3 respondent. 4. I am not finally pronouncing anything on the merits of the matter, because the entire issue is now pending before the Government by filing a revision petition. It is submitted that the revision petition filed by the Manager has been dismissed, paving way for the third respondent to be posted as Headmistress. Even though learned counsel for the petitioner prayed that the petitioner may be allowed to continue as Headmaster till the revision petition is disposed of, since the order reinstating the third respondent is not under challenge in this writ petition, I am not inclined to pass an order as sought for. 5. Therefore, there will be a direction to the Government to take a decision on Ext.P6 revision petition within a period of two months from the date of receipt of a copy of this judgment, with notice to the petitioner and respondents 2 and 3. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/