IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 5380 of 2009(N) ---------------------------------- PETITIONER(S): --------------------- ROY.P.C., S/O.CHACKO, JUNIOR LECTURER IN ENGLISH(HG) DEPLOYED TO GHSS KAKKAVAYAL ST.MARY'S COLLEGE, S.BATHERY-673692. R/AT.PAREECKAL HOUSE, KANIYARAM, MANANTHAVADY PO. WAYANAD-670 645. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY HIGHER EDUCATION DEPARTMENT, GOVT OF KERALA, THIRUVANANTHAPURAM. 2. MANAGER, ST.MARY'S COLLEGE, SULTHAN BATHERY, WAYANAD. 3. MATHAI.P.A., JUNIOR LECTURER IN ENGLISH ST.MARY'S COLLEGE, S.BATHERY, DEPLOYED TO GHSS MEENANGADI. GOVT. PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.5380 of 2009 ===================== Dated this the 4th day of March, 2009. JUDGMENT Heard Sri. Grashious Kuriakose, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the first respondent. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 2 and 3. 2. The petitioner was appointed as Junior Lecturer in English in St.Mary's College, S. Bathery as per Ext.P1. On the Pre-degree course being delinked from colleges, he was deployed to the G.H.S.S., Kakkavayal, Wayanad District. His grievance is that though many of his juniors who had been likewise deployed to Government schools have been permitted to rejoin their parent institution by giving them two years time thereafter to acquire the qualifications for the post of Lecturer in the concerned subject, he has not been repatriated to his parent institution. He submits that though he had moved the Secretary to Government, Higher Education Department in Ext.P4 representation dated 13.2.2009 seeking repatriation to his parent college, no orders are forthcoming in the matter. The learned Government Pleader appearing for the first respondent on instructions submits that the original of WP(C) 5380/09 -: 2 :- Ext.P4 has been received by the Secretary to Government, Higher Education Department on 20.2.2009. The learned Government Pleader further submits that the Secretary to Government, Higher Education Department will examine the request made by the petitioner in Ext.P4 and take a decision in the matter expeditiously. 3. The question whether the petitioner is entitled to be repatriated to his parent institution as claimed by him in Ext.P4 is primarily a matter for the Government to decide. In my opinion, it would be premature for this Court at this stage to enquire into the claim made by the petitioner and take a decision in the matter. The learned counsel for the petitioner submits that a vacancy of Lecturer in English is presently available in St.Mary's College, S. Bathery and that till the Secretary to Government takes a decision in the matter, the second respondent may be restrained from filling up that vacancy. The learned counsel for the petitioner also submits that as the academic year is coming to a close, no prejudice will be caused to the students if the said vacancy is not filled up immediately. In my opinion, this is also a matter which the petitioner can bring to the notice of the Secretary to Government and it will be open to the Secretary to Government to decide whether having regard to the Government orders/rules governing the field, the said request can be granted by passing an interim order. 4. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, Higher Education Department WP(C) 5380/09 -: 3 :- to consider the request made by the petitioner in Ext.P4 after notice to and affording the petitioner and respondents 2 and 3 an opportunity of being heard. Final orders in the matter shall be passed within a period of three months from the date on which the petitioner produces a certified copy of this Judgment. If the Secretary to Government, Higher Education Department finds that any other teacher or teachers are to be heard, it will be open to the Government to hear them also before orders are passed. I make it clear that I have not expressed any opinion on the merits of the petitioner's claims and contentions and that the Secretary to Government will be free to decide whether having regard to Government orders/rules governing the field, the petitioner's request can be granted. P.N.Ravindran, Judge. ess 13/3