IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 30224 of 2010(C) -------------------------- PETITIONER(S): --------------- THE MANAGER, V.V.H.S.S. & H.S.S. POREDOM, CHADAYAMANGALAM, PUNALUR EDUCATIONAL DISTRICT, KOLLAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM -695001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, THIRUVANANTHAPURAM-695001. 4. SMT.SIMI.A, ARIYOTTUPUTHEN VEEDU, POREDOM P.O., CHADAYAMANGALAM, KOLLAM DISTRICT-691534. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30224 of 2010 --------------------------------------------- Dated this the 1st day of October, 2010 JUDGMENT The petitioner is the Manager of VVHSS & HSS Poredom, Chadayamangalam in Punalur Educational District, Kollam. He challenges Ext.P3 order dated 19.7.2010 passed by the Regional Deputy Director of Higher Secondary Education. 2. The learned Government Pleader submitted that though no statutory appeal is provided against Ext.P3, the petitioner can very well approach the Director of Higher Secondary Education challenging the correctness of Ext.P3 order. This submission is not disputed by the learned counsel for the petitioner. 3. The learned counsel for the petitioner submitted that in view of Ext.P4 judgment passed by the Division Bench and Ext.P7 judgment passed by the learned Single Judge, Ext.P3 order is unsustainable. The learned Government Pleader submitted that Ext.P6 order passed by the Supreme Court would enable the Director of Education to consider the question of grant of sanction to the post of Librarian and also to take into WPC 30224/2010 2 consideration the question of financial involvement that may surface. It is also pointed out by the learned Government Pleader that Ext.P6 order passed by the Supreme Court arose out of Exhibit P4 judgment of the Division Bench. 4. In the facts and circumstances of the case, I think it is only proper that the petitioner is permitted to challenge Ext.P3 order passed by the Regional Deputy Director, before the Director of Higher Secondary Education. If the petitioner files a representation before the Director of Higher Secondary Education within a period of one month from today, the same shall be considered by the Director, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of the representation, after affording an opportunity of being heard to the petitioner and any other affected party. The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the Director of Higher Secondary Education. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl