IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 21401 of 2006(W) -------------------------- PETITIONER(S): --------------- 1. PRIYA JACOB, PRINCIPAL, METROPOLITAN HSS, PUTHENCAVU, RESIDING AT MUZHANGODIYIL, PARAKODE P.O., ADOOR, PATHANAMTHITTA. 2. ANNAMMA ZACHARIAH, PRINCIPAL, MGHSS, THUMPAMON, RESIDING AT ALUNILKUNNATHIL HOUSE, ELANTHUR EAST P.O., ELANTHUR, PATHANAMTHITTA. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HSE, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE CORPORATE MANAGER, CATHOLICATE & M.D. SCHOOLS, DEVALOKAM P.O., KOTTAYAM. 4. NANCY VARGHESE, HSST(ENGLISH)CATHOLICATE HSS, PATHANAMTHITTA P.O. 5. JACOB JOHN, HSST CATHOLICATE HSS PATHANAMTHITTA P.O. ADV. SRI.V.PHILIP MATHEW FOR R3 SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R.4 SRI.P.C.SASIDHARAN FOR R.5 GP SRI.V. MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, ALONG WITH WPC NO. 21620 OF 2006, WPC NO. 21474 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21401 of 2006 APPENDIX EXHIBITS EXT.P1- COPY OF THE ORDER NO.HSS/405/06 DATED 29.3.06 ISSUED BY 3RD RESPONDENT EXT.P2- COPY OF THE REPRESENTATION SUBMITTED BY 4TH RESPONDENT TO 2ND RESPONDENT DATED 31.3.06 EXT.P3- COPY OF THE REPRESENTATION SUBMITTED BY 5TH RESPONDENT TO 2ND RESPONDENT DATED 9.6.06 EXT.P4- COPY OF THE JUDGMENT DATED 6.4.06 IN W.P.(C).10789/06 EXT.P5- COPY OF THE ORDER DATED 21.6.06 ISSUED ON BEHALF OF THE 2ND RESPONDENT EXT.R3(a)- COPY OF THE ORDER DATED 16.9.09 APPROVING THE APPOINTMENT OF PRIYA JOCOB EXT.R3(b)- COPY OF THE ORDER DATED 30.9.09 APPROVING THE APPOINTMENT OF ANNAMMA ZACHARIAH (TRUE COPY) P.A.To Judge ANTONY DOMINIC, J ....................... W.P.(C)s.21401, 21620 & 21474 of 2006 ....................... Dated this the 21st day of January, 2010 JUDGMENT In these writ petitions, petitioners are seeking to challenge the order passed by the Director of Higher Secondary Education, a copy of which is marked as Ext.P7 in W.P.(C).21620/2006. In view of the subsequent developments, the order has lost its relevance and a decision on the merits of the controversy is not necessary. 2. Facts of the case are that the petitioners in these cases, seven in number, who were working as Higher Secondary School Teachers, were promoted and appointed as Principal of Higher Secondary Schools. The same was challenged by respondents 4 and 5 in W.P.(C).21620/2006, who are also parties in the other cases. The Director of Higher Secondary Education set aside the orders of promotion and directed fresh selection. It is this order which is under challenge. 3. During the pendency of these writ petitions, the rule governing appointment to the post of Principal itself has been amended with effect from 6.1.2006. Applying the rule as W.P.(C).21401/06 & Connected Cases 2 amended, the Manager has promoted the petitioners herein and posted them as Principals which has also been approved as per Ext.R3(a) to E3(c) in W.P.(C).21620/2006 and similar orders have been passed in the case of other petitioners. 4. As far as respondents 4 and 5 in W.P.(C).21620/2006 at whose instance the impugned orders were issued, are concerned, the 4th respondent admittedly is unqualified and hence can have no grievance. Insofar as the 5th respondent is concerned, an understanding has been arrived at between himself and the Manager that in the next arising vacancy, he will be accommodated. This arrangement has been accepted by the 5th respondent also. 5. In view of the above, these writ petitions are closed but however quashing Ext.P7 order in W.P.(C).21620/2006, referred to above. 6. It is clarified that this Court has not expressed anything on merits on the contentions of either of the parties. ANTONY DOMINIC, Judge mrcs