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. 2100 of 2009(Y) ------------------------- PETITIONER: --------------- ABDUL NAZER K.P., HSST (ARABIC) MAR THOMA HIGHER SECONDARY SCHOOL, CHUNGATHARA, MALAPPURAM DIST. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. TH REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 4. THE MANAGER, MAR THOMA HIGHER SECONDARY SCHOOL, CHUNGATHARA, MALAPPURAM DIST. 5. REENA MARY ABRAHAM, HSST(ENGLISH), PRINCIPAL-IN-CHARGE, MAR THOMA HIGHER SECONDARY SCHOOL, CHUNGATHARA, MALAPPURAM DIST. BY GOVT. PLEADER SMT.T.B.REMANI ADV. SRI.P.J.MATHEW FOR R4 & R5 SRI.K.B.ARUNKUMAR FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2100 of 2009(Y) : 2 : APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER NO.01/HSE-PROMOTION/2000 DATED 3.10.2000 OF THE MANAGER. EXHIBIT P2: TRUE COPY OF THE ORDER DATED 23.6.2003 OF THE GENERAL EDUCATION DEPARTMENT. EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 5.7.2008 SUBMITTED BY THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 26.7.2008 OF THE 3RD RESPONDENT. EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 26.8.2008 SUBMITTED BY THE PETITIONER EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 24.10.2008 IN WP(C)No.31410/2008 EXHIBIT P7: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 20.12.2008 EXHIBIT P8: TRUE COPY OF THE REPRESENTATION DATED 5.9.2008 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT //TRUE COPY// PA TO JUDGE HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No. 2100 of 2009-Y --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is the senior most teacher, entitled to be appointed as Principal/Principal-in-charge in the vacancy that arose on 1.4.2008, on the retirement of then Principal. The Writ Petition is filed being aggrieved by the appointment of the 5th respondent as Principal- in-charge from 1.4.2008 to 31.3.2009. The petitioner further submitted that the 5th respondent is not a qualified person to be appointed as Principal since he is not qualified as on the date of occurrence of vacancy. Exhibit P3 is the representation submitted by the petitioner before the 4th respondent. The petitioner submitted that against Exhibit P7 order the 4th respondent had filed revision before the Government. The petitioner sought for a direction to the 4th respondent to comply with Exhibit P7 order of the 2nd respondent and appoint the eligible person as the Principal/Principal-in-charge of the School in the order of seniority with effect from 1.4.2008, the date on which the vacancy arose. 2. The submission made by the petitioner against Exhibit P7 order is under challenge before the Government. There will be a direction to the Government to dispose of Exhibit P7 order on merits W.P(C) No. 2100 of 2009-Y 2 and in accordance with law. The order shall be passed within a period of 30 days from the date of receipt of a copy of the judgment. The petitioner shall produce certified copy of the judgment and copy of the Writ Petition before the Government. The affected parties shall be heard. The Writ Petition is disposed of as above. HARUN-UL-RASHID JUDGE ab W.P(C) No. 2100 of 2009-Y 3 W.P(C) No. 2100 of 2009-Y 4 W.P(C) No. 2100 of 2009-Y 5