IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 27965 of 2009(M) --------------------------------------- PETITIONER: ------------------- BALAKRISHNAN KUTTIKKATTIL, S/O.KANARAN,AGED 50 YEARS,PRINCIPAL(NOT APPROVED), RAMAKRISHNA MISSION,HIGHER SECONDARY SCHOOL, KOZHIKODE-18. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVENMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,KOZHIKODE. 4. THE MANAGER,RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL,KOZHIKODE-18. 5. SMT.V.M.PADMAKUMARI,HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS),RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, KOZHIKODE-18. R1 TO R3 BY SR. GOVT. PLEADER MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27965/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of October, 2009 J U D G M E N T The petitioner is working as Principal in Ramakrishna Mission Higher Secondary School, Kozhikode. The vacancy of Principal in the above school arose on 01/04/2009 and a selection committee was constituted for filling up the vacancy. Ext.P2 is the Minutes of the meeting of the Staff Selection Committee whereby the petitioner was selected to the post of Principal. Accordingly, he has been promoted as the Principal of the school. 2. The fifth respondent challenged the same contending that she has got longer service than the petitioner in Primary/High School level. By Ext.P5, the application for approval was rejected by the Regional Deputy Director, Kozhikode. The claim of the fifth respondent was upheld. Challenging the same, the petitioner has filed Ext.P6 appeal before the Director of Higher Secondary Education, Thiruvananthapuram, the second respondent. He has also filed Ext.P6(a) application for stay of operation and implementation of Ext.P5 order. W.P.(C). No.27965/2009 -:2:- 3. The learned Government Pleader on instructions submitted that the appeal and stay petition have been received by the second respondent. 4. In the light of the contentions raised by the petitioner, there will be a direction to the second respondent to take a decision on Ext.P6 after hearing the petitioner and respondent Nos.4 and 5, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms