IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WA.No. 218 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8094/2007 Dated 21/08/2009 .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE MANAGER, S.N.M EDUCATIONAL INSTITUTIONS, MOOTHAKUNNAM. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): (PETITIONER & RESPONDENTS 1 & 3) ----------------------------------------------- 1. SHELVY. P.S., PULLARKKAT HOUSE, MUTHAKUNNAM P.O., ERNAKULAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, TRIVANDRUM-1. 3. K.S. SANDHYA, HSST (MATHS), SNM HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM. ADV. SRI.DEEPU THANKAN FOR R1 SRI.M.V.BOSE FOR R3 GOVT.PLEADER SMT.R.BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.218 of 2010 ---------------------------------------------- Dated 24th February, 2010. J U D G M E N T Balakrishnan Nair, J. Today, we have dismissed W.A.No.169/2010, filed against the judgment in W.P.(C) No.8094/2007, by the writ petitioner. The present Writ Appeal is filed against the very same judgment, by the second respondent Manager. He is aggrieved by the award of costs of Rs.25,000/-, ordered by the learned Single Judge. He is also aggrieved by the liberty given to the writ petitioner, to seek further damages from the Manager. 2. The learned counsel for the appellant submitted that he was not aware of the orders, directing deployment of Junior Lecturers, who were appointed in his college for taking classes for the students of pre-degree courses. Without being aware of his liability to accommodate Junior Lecturers in the Higher Secondary wing, he happened to appoint the petitioner from the open market. 3. We think, it is a poor defence. The very approval of appointments of Junior Lecturers was sanctioned by the Government as per Ext.R3(d) order dated 8.12.1997, subject WA NO.218/10 2 to the condition that they have to be deployed to the Higher Secondary wing, as and when Pre-degree courses are abolished. So, the plea of ignorance, which cannot be entertained in law, is incorrect, factually also. Having regard to the enormity of the grievance caused to the petitioner, we find that the amount awarded by way of costs, is only moderate. Therefore, we find no reason to interfere with the impugned directions of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.218 of 2010 ---------------------------------------------- J U D G M E N T Dated 24th February, 2010.