IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 37775 of 2007(V) -------------------------- PETITIONER: ------------ CELEENA JAMES, P.D. TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, PUTHENTHODE, ANDIKADAVU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. THE HEADMASTER, HIGHER SECONDARY SCHOOL, PUTHENTHODE, ANDIKADAVU, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SHRI T.T.MUHAMOOD FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.37775 of 2007 V -------------------------------------- Dated this the 26th day of August, 2008. J U D G M E N T The main relief sought for in the Writ Petition is to issue a writ of mandamus directing the second respondent to promote the petitioner to the post of High School Assistant (English) in the quota earmarked for P.D.Teachers. 2. In the statement dated 22.8.2008 filed by the second respondent, it is stated as follows:- “3. It is submitted that though 2 vacancies were reported to the District Collector for appointing Physically handicapped persons under Compassionate Employment Scheme, no qualified candidates were available for appointment from among Physically handicapped persons. In the above said circumstances, this Honourable Court as per interim order dated 28.3.2008 directed this respondent to fill up the said vacancies by promoting eligible candidates from the quota prescribed for promotion from among the P.D.Teachers. In compliance with the said direction, this respondent issued order No.A1- 5192/08 dated 16.6.2008 promoting the petitioner as HSA (English) and posting him at G.H.S. Elamkunnapuzha. In pursuance to the WP(C) No.37775/2007 2 said appointment order, the petitioner has joined duty in Government High School, Elamkunnapuzha on 18.6.2008. It is an admitted fact that there was a shortage of candidates in the quota set apart for promotion. Therefore, the appointment of the petitioner in pursuance to the direction of this Honourable Court is perfectly within the quota prescribed for by promotees and the said appointment will be treated as appointment against regular vacancy for all purposes. As the petitioner has already been appointed as per order dated 16.6.2008 no further orders is require in the above Writ Petition. Recording the above submission, the above Writ Petition may be closed.” In view of the statement referred to above, the reliefs prayed for in the Writ Petition have become unnecessary. The Writ Petition is accordingly closed, recording the statement dated 22.8.2008. K.T. SANKARAN, JUDGE. cks