IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 32392 of 2011(W) --------------------------------- PETITIONER: -------------- BINDU KUMAR.K., S/O.M.ACHUTHAN, AGED 39 YEARS, HIGH SCHOOL ASSISTANT, RAJAH'S HIGHER SECONDARY SCHOOL, NILESHWAR, KASARAGOD - 671314. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENTS: ------------------ 1. MANAGER, RAJAH'S HIGHER SECONDARY SCHOOL, NILESHWAR, KASARAGOD - 671314. 2. THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE HIGHER SECONDARY EDUCATION, PARAPPIL, KOZHIKODE - 673 001. 3. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM PIN- 695 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., HIGHER EDUCATION DEPARTMENT, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM - 695 001. 5. SMT.SHYLAJA PURAVANKARA, W/O.MANOJ BABU, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), RAJAH'S HIGHER SECONDARY SCHOOL, NILESHWAR, KASARAGOD - 671314. BY ADV. SRI.KALEESWARAM RAJ FOR R1 SMT. M.T. SHEEBA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32392/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE CERTIFICATE OF M.A.ENGLISH AWARDED BY THE ANNAMALAI UNIVERSITY TO THE PETITIONER. EXT.P-2 TRUE COPY OF THE CERTIFICATE FOR BACHELOR OF EDUCATION AWARDED BY THE UNIVERSITY OF MYSORE TO THE PETITIONER. EXT.P-3 TRUE COPY OF THE CERTIFICATE OF STATE ELIGIBILITY TEST (SET) ISSUED BY THE 3RD RESPONDENT. EXT.P-4 TRUE COPY OF THE REPRESENTATION DATED 5-11-2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P-5 TRUE COPY OF THE REPRESENTATION DATED 26-11-2011 SENT BY THE PETITIONER BEFORE THE RESPONDENTS NOS.2 AND 3. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.32392 of 2011 -------------------------------------------------- DATED THIS THE 23rd DAY OF DECEMBER, 2011 JUDGMENT The petitioner is working as High School Assistant in the Higher Secondary School managed by the first respondent. The dispute raised by the petitioner is regarding the appointment made of the 5th respondent to the post of Higher Secondary School Teacher(English). It is the case of the petitioner that the petitioner is duly qualified as he has acquired the required academic qualification and SET. 2. The petitioner was expecting appointment in the 25% vacancy as per the ratio 1:3 under the relevant Rules. But the 5th respondent has been appointed by the Manager on 28.11.2011. 3. This Writ Petition was filed challenging the appointment of the 5th respondent. 4. Along with I.A.No.20587/2011, the petitioner has produced Exhibit P6, a representation addressed to the 2nd respondent. Therein the petitioner has raised various claims. W.P.(C)No.32392/11 -2- 5. The learned counsel for the Manager submitted that the appointment made is perfectly justified and therefore the objection raised by the petitioner cannot be accepted. 6. This Court at this stage is not going into the disputed questions arising between the parties, since the 2nd respondent is the approving authority, before whom the petitioner has filed Exhibit P6 representation. Normally, when an appointment is made, the 2nd respondent will have to go into the various aspects before granting approval of the appointment. Therefore, there will be a direction to the 2nd respondent to take a decision, after hearing the petitioner, the Manager and the 5th respondent, before any approval is granted to the appointment of the 5th respondent. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn