IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WA.No. 1410 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.22121/2006 Dated 09/01/2008 APPELLANT(S): PETITIONER IN WPC: ----------------------- P.T.BEENA ROY, HIGH SCHOOL ASSISTANT, VOCATIONAL HIGHER SECONDARY SCHOOL, KUZHIKKALIDAVAKA, PANGODE, KARIMPINPUZHA P.O., KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): RESPONDENTS IN WPC: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKARA, KOLLAM DISTRICT. 4. THE MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, KUZHIKKALIDAVAKA, PANGODE, KOTTARAKARA. 5. ANITHA VASANTH, HIGH SCHOOL ASSISTANT, VOCATIONAL HIGHER SECONDARY SCHOOL, KUZHIKKALIDAVAKA, PANGODE, KOTTARAKARA. R1 TO R3 BY SR. GOVT. PLEADER SRI. BENNY GERVASIS. R4 BY ADV. SRI.K.E.HAMZA R5 BY ADV. SRI.V.A.MUHAMMED THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08.7.2009, THE COURT ON 29.07.2009 DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR, V. GIRI & C.T. RAVIKUMAR, JJ. ------------------------------ W.A.No.1410 of 2008 ------------------------------ Dated this, the 29th day of July, 2009 JUDGMENT Balakrishnan Nair, J. In view of the Full Bench decision of this Court in W.P. (C) No.12707 of 2005, the appellant is junior to the 5th respondent.. Therefore, she cannot claim appointment as Headmistress in preference to the 5th respondent. Accordingly, the writ appeal is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- V. Giri, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy)