IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 16457 of 2010(F) -------------------------- PETITIONER(S): --------------- A.M. JOSE, AGED 52, S/O. MATHAI, AKKAL HOUSE, NADUNGOME.P.O, KANNUR DISTRICT, NOW WORKING AS HEADMASTER, MARY LAND HIGH SCHOOL, MADAMPAM, KANNUR DISTRICT. BY ADV. SRI.BENOY THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 4. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. 5. MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS, ARCHEPARCHY OF KOTTAYAM, DIOCESE OF KOTTAYAM. BY ADV. SRI.V.A.MUHAMMED FOR R5 SRI.K.E.HAMZA FOR R5 SRI.T.V.VIJAYARAJAN FOR R5 SRI.M.SAJJAD FOR R5 GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16457 of 2010(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HEADMASTER W.E.F. 30.4.2007. EXT.P2: TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER AS H.S.A. EXT.P3: TRUE COPY OF THE M.A.DEGREE CERTIFICATE OF THE PETITIONER. EXT.P4: TRUE COPY OF THE SET CERTIFICATE OF THE PETITIONER. EXT.P5: TRUE EXTRACT OF RELEVANT PORTION OF THE AMENDED CHAPTER 32 RULES. EXT.P6: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. // TRUE COPY // TKS C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16457 of 2010 ---------------------------- Dated 17th August, 2010 JUDGMENT The petitioner is presently working as Headmaster of Mary Land High School, Madampam in Kannur District under the 5th respondent Corporate Management. His grievance is that despite the existence of vacancies in the post of Principal in the Higher Secondary Schools under the 5th respondent Management, the claim of the petitioner for appointment by transfer against the one third quota set apart for such appointment has not been considered by the 5th respondent. The petitioner has taken up his grievances before the 2nd respondent as per Ext.P6. Despite the receipt of Ext.P6, the 2nd respondent has not taken any action thereon, it is submitted. Admittedly, the 2nd respondent is competent to look into the grievances raised by the petitioner. If that be so, there is no reason for the 2nd respondent to disuse his power. In fact, he is bound to take a decision on Ext.P6. In the circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the 2nd respondent to consider Ext.P6 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and the 5th respondent. Needless to say that before taking a decision on Ext.P6 persons who WP(C).No.16457/2010 2 are likely to be affected in case of an order in favour of the petitioner shall also be put on notice. C.T.RAVIKUMAR Judge TKS