IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 5395 of 2009(T) ---------------------------------- PETITIONER : ---------------- GIGI M.ZACHARIAH,S/O.V.M.ZAZHARIAH, VADASSERIL HOUSE,KOTTOOR P.O.,KAVIYOOR, PATHANAMTHITTA (HSST (JUNIOR-MALAYALAM) CMS HIGHER SECONDARY SCHOOL, MALLAPPALLY) BY ADV. MR.S.SUBHASH CHAND RESPONDENTS : ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION- HIGHER SECONDARY EDUCATION,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, CORPORATION BUILDING PALAYALAM, THIRUVANANTHAPURAM. 4. CORPORATE MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA CATHEDRAL ROAD, KOTTAYAM. 5. MONSON.G.MATHEWS, S/O.K.M.GEORGE PRINCIPAL (UNAPPROVED) CMS HIGHER SECONDARY SCHOOL, KUZHIKKALA, PATHANAMTHITTA. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------------- W.P.(C) No.5395 OF 2009 --------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT Heard Sri.S.Subhash Chand, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner is a Higher Secondary School Teacher (Junior) in the service of the 4th respondent. A vacancy of Principal arose in the CMS Higher Secondary School, Kottayam on 07.11.2007. In that vacancy, the Manager appointed the 5th respondent as Principal. The petitioner was appointed as Higher Secondary School Teacher in the resultant vacancy. The appointment of the 5th respondent as Principal was not approved for the reason that the constitution of the selection committee was defective. The petitioner was thereupon reverted to the post of HSST (Junior). Aggrieved by the order declining approval, the 5th respondent moved the Government and thereafter filed W.P.(C) No.37236 of 2008 in W.P.(C) No.5395 of 2009 2 this Court. By Ext.P4 judgment delivered on 17.12.2008, this court disposed of the said writ petition with a direction to the Government to consider the representation submitted by the 5th respondent and pass orders thereon after notice to respondents 4 and 5 herein an opportunity of being heard. On coming to know of the said direction issued by this court, the petitioner moved Ext.P5 representation before the Government pointing out that the 5th respondent is not qualified to be appointed as Principal and that he may also be heard in the matter. In this writ petition, the petitioner inter alia prays for a direction to the first respondent to consider Ext.P5 representation also, when the Government proceeds to act as directed by this Court in Ext.P4 judgment. 3. The learned Government Pleader appearing for the official respondents submits on instructions that Ext.P5 has been received by the Secretary to Government. Since the claim made by the petitioner in Ext.P5 is based on the claim made by the 5th respondent in Ext.P3 representation which this Court has in Ext.P4 judgment directed the Government to consider, I am of the opinion that the Government should also consider W.P.(C) No.5395 of 2009 3 the grievance set out by the petitioner in Ext.P5 while passing orders as directed by this Court in Ext.P4 judgment. 4. I accordingly dispose of this writ petition with a direction to the Government to consider Ext.P5 representation dated 15.01.2009 submitted by the petitioner herein and hear him also before passing orders on Ext.P3 representation as directed by this Court in Ext.P4 judgment. In order to enable respondents 4 and 5 to reply to the petitioner's claims and contentions in Ext.P5, he shall serve on them a copy of this writ petition along with a copy of this judgment. This shall be done within two weeks from today. The Government shall pass final orders in the matter within the time limit stipulated by this Court in Ext.P4 judgment. The writ petition is disposed of accordingly. P.N.RAVINDRAN JUDGE pac