IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35189 of 2008(L) -------------------------------------- PETITIONER(S): ----------------------- BINDU.S, AGED 35, D/O.SARASWATHI AMMA, ELANKONATHU VEEDU, KUMALATHARA BHAGAM, PANMANA P.O.CHAVARA, KOLLAM. BY ADV. SRI.S.S.RAJESH SRI.T.R.SUGUNAN RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O NEAR BOYS HIGH SCHOOL,KOLLAM. 2. DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KOLLAM. 3. TREASURY OFFICER, SUB-TREASURY CHATHANNUR P.O. KOLLAM. 4. MANAGER, AMRITA SANSKRIT H.S.S., P.O.PARAPILLY, PARIPPALLY,KOLLAM DIST. 5. HEADMISTRESS, AMRITA SANSKRIT H.S.S. PARIPPALLY P.O., KOLLAM DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No. 35189 OF 2008 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T By Ext.P1 order dated 01/07/2005, the petitioner claims to have been appointed as UPSA (Sanskrit). But, her appointment was approved only with effect from 01/06/2007. The petitioner contends that she is qualified to be appointed as HSA and that she has been working as HSA as well. It is stated that there is a vacancy and that instead of appointing her, a protected teacher is deployed. 2. Evidently, the school is a newly opened one and if that be so, the Manager is required to fill up the vacancy by deploying a protected teacher, and if so, there is no fault in the action of the Manager and Deputy Director. In these circumstances, the challenge against deployment of a protected teacher in the parent school cannot be entertained. The writ petition fails and is dismissed. (ANTONY DOMINIC, JUDGE) jg