IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 24303 of 2007(R) -------------------------- PETITIONER: ------------------ SOPHIA M., SHEELA NIVAS, ASRAMOM WARD, AVALUKUNNU P.O, ALAPPUZHA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR(EDUCATION), ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. P.T.SUMITHRAN, MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA P.O., ALAPPUZHA-1. 6. ARAVUKAD KSHETHRAYOGAM, PUNNAPRA P.O., ALAPPUZHA-4, REPRESENTED BY ITS SECRETARY, SRI. K.MOHANAN. 7. M.K.HARIDASAN, SECRETARY, ARAVUKATTU KOMRATHUSSERY KUDUMBAYOGAM, PUNNAPRA P.O., ALAPPUZHA. ADDL.8. ASHA.V. KARUVELIL HOUSE, PUNNAPPARA NORTH.P.O., PARAVOOR, ALAPPUZHA, PIN - 688 014 ADDL.R8 IMPLEADED AS PER ORDER DT. 15/10/2007 IN IA.13568/07. BY ADV. SRI.K.S.HARIHARAPUTHRAN FOR R5 & 6 SRI.GEORGE MATHEW FOR R5 & 6 SRI.K.JAJU BABU FOR ADDL.R.8 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R7 SMT.N.SANTHA FOR R7 GOVT.PLEADER SRI.C.M.NAZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: TRUE COPY OF RELEVANT EXTRACT OF BYLAWS. EXT.P2: TRUE COPY OF APPROVED CONSTITUTIN EXT.P3: TRUE COPY OF INTERVIEW MEMO ISSUED TO PETITIONER BY R5. EXT.P4: TRUE COPY OF ORDER DATED 4/3/2003. EXT.P5: TRUE COPY OF ORDER DT. 28/5/2004. EXT.P6: TRUE COPY OF LETTER DT. 19/3/2007. EXT.P7: TRUE COPY OF JUDGMENT IN OS.48/2006. EXT.P8: TRUE COPY OF LETTER DT. 25/9/2007. EXT.P9: TRUE COPY OF LETTER DT. 5/10/2007. EXT.P10: TRUE COPY OF APPOINTMENT ORDER DT. 12/12/2006. EXT.P11: TRUE COPY OF ORDER DT. 20/4/2007. RESPONDENTS' EXHIBITS: EXT.R5(A); TRUE COPY OF BIO-DATA. EXT.R5A(1): TRUE COPY OF SSLC BOOK PAGE 1 EXT.R5A(2): TRUE COPY OF MARK SHEET EXT.R5A(3): TRUE COPY OF CERTIFICATE IN BHASHA PRAVEEN. EXT.R5(B): TRUE COPY OF MARK LIST EXT.R5(B): TRUE COPY OF MARK LIST OF BA DEGREE EXT.R5B(2): TRUE COPY OF DEGREE CERTIFICATE EXT.R5B(3): TRUE COPY OF MARK LIST B.ED. EXT.R5B(4): TRUE COPY OF B.ED CERTIFICATE EXT.R5(C): TRUE COPY FO LETTER DT. 7/5/2007. EXT.R5(D): TRUE COPY OF FIR NO.65/2006 EXT.R8(A): TRUE COPY OF BA HINDI DEGREE CERTIFICATE OF ADDL.R8.' 'EXT.R8(B): TRUE COPY OF B.ED CERTIFICATE. A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C). No. 24303 of 2007-R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008. Judgment Petitioner who claims that she is a member of Aravukadu Komarthussery Kudumbayogam had applied for the post of HSA (Hindi) in the high school section. According to her, the above vacancy had arisen in the school with effect from April 1, 2004 consequent on the retirement of Smt.Radhamani. The grievance of the petitioner is that her preferential claim as a member of the Komarthussery Kudumbayogam had been overlooked by the Manager and additional respondent No.8 had been appointed. 2. Initially the writ petition was filed for a declaration that petitioner was entitled to be appointed as HSA (Hindi). Later petitioner had made a further prayer to quash Ext.P10 order of appointment of additional respondent No.8. 3. It is pertinent to note that this writ petition was filed on August 8, 2007. Ext.P10 reveals that additional respondent No.8 had been appointed in the school with effect from December 12, 2006. As rightly pointed out by learned counsel for the Manager and additional respondent No.8 petitioner could not have feigned WP(C)24303/2007 2 ignorance of appointment of respondent No.8 when she preferred the writ petition. It is also pointed out that petitioner had been arraigned as one of the 4 accused in the crime registered by Punnapra Police in connection with the alleged trespass into the school and striking off the name of additional respondent No.8 from the Attendance Register (Crime No.65/2007). It is further contended on behalf of the Manager that the petitioner is not a member of the Kudumbayogam as alleged by her. More importantly, no document had been produced by the petitioner along with her application to show that she is a member. It is the further case of the Manager that her case was not considered for yet another reason. At the time when the question of appointment was being made, respondent No.7 who was the Secretary of the Komarthussery Yogam had been restrained by the Munsiff Court, Alappuzha in OS.48/2006 from functioning as the representative of Kudumbayogam. Anyhow, it is conceded by the petitioner herself that she had not produced any document before the Manager to show that she is a member of the Kudumbayogam. I do not deem it necessary to deal with any of the issues in this petition at this stage, especially in view of the order that I propose to pass in this writ petition. 4. It is brought to my notice that appointment of additional respondent No.8 was not approved by the Controlling Officer on the WP(C)24303/2007 3 ground that the appointment of Sri.Sumithran, the Manager had not yet been approved by the Department. Though the order of the Controlling Officer was affirmed in appeal, it is on record that a revision is pending before the Government as revealed from Ext.R8(d). 5. In my view, petitioner can also be relegated to the revisional authority before which she can raise all her contentions as regards her eligibility or preferential claim for appointment to the post of HSA (Hindi) in the school. It will be open to the petitioner to produce the necessary documents, if any, available with her to prove that she is a member of the family at the relevant point of time. If an application is filed on behalf of the petitioner before the Government, she shall also be afforded opportunity to be heard. 6. Revisional authority shall dispose of the Ext.R8(d) strictly on its merit and in accordance with law after affording sufficient opportunity to be heard to the petitioner and the Manager and respondent No.8 as expeditiously as possible, at any rate within two months from the date or receipt of a copy of this judgment. Writ Petition is disposed of in the above terms. A.K.Basheer an. Judge.