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. 34904 of 2011(K) -------------------------------- PETITIONER: -------------- BITHA DAS T.V., VRINDAVANAM, THANNEERCODE, PALAKKAD - 679 588. BY ADVS. SRI.K.M.KURIAN SRI.P.VIJAYAKUMAR RESPONDENTS: ------------------ 1. THE MANAGER, S.M.M. HIGHER SECONDARY SCHOOL, PAZHAMBALACODE P.O., PALAKKAD - 678 544. 2. GEETHA P., HEADMISTRESS, A.L.P. SCHOOL, PAZHAMBALACODE P.O., PALAKKAD, PIN - 678 544. NOW WORKING AS TEACHER, S.M.M. HIGHER SECONDARY SCHOOL, PAZHAMBALACODE P.O., PALAKKAD - 678 544. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY REGIONAL DIRECTORATE, EDAPPALLY, ERNAKULAM - 682 024. BY SRI. P.I. DAVIS, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.34904/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 5.6.06. EXT. P2 : COPY OF STAFF STATEMENT DTD. 1.8.09. EXT. P3 : COPY OF G.O.(P) 144/2011/G.EDN. DTD. 16.4.01. EXT. P4 : COPY OF G.O.(MS) 141/2008/G.EDN DTD. 18.8.08. EXT. P5 : COPY OF REPRESENTATION DTD. 20.10.11. EXT. P6 : COPY OF PAPER NOTIFICATION. EXT. P7 : COPY OF JUDGMENT IN W.A.932/2010 DTD. 16.6.10. EXT. P8 : COPY OF REPRESENTATION DTD. 8.12.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.34904 of 2011 -------------------------------------------------- DATED THIS THE 23rd DAY OF DECEMBER, 2011 JUDGMENT The petitioner herein is aggrieved by the denial of appointment as Higher Secondary School Teacher by the first respondent-Manager. The petitioner has pointed out that Exhibit P6 notification was issued for appointment to the post of Higher Secondary School Techer in all sanctioned posts, except English and Malayalam. According to the petitioner, in spite of absence of notification of the subjects English and Malayalam, an interview was conducted on 5.12.2011 and teachers have been appointed in 11 subjects including Malayalam and English. 2. The 2nd respondent is a Higher Secondary School Teacher in Malayalam. 3. Aggrieved by the actions, the petitioner has already approached the 3rd respondent by fling Exhibit P8 representation. The learned counsel for the petitioner submitted that the petitioner is a rightful claimant for the post as she is a qualified High School Assistant. W.P.(C)No.34904/11 -2- 4. All these are matters for the 3rd respondent to consider, whenever the Manager forwards the proposal for approval of the appointees. There will be a direction to the 3rd respondent to consider the grievance raised by the petitioner in Exhibit P8 representation before granting approval of the appointments made by the Manager, after hearing the petitioner and respondents 1 and 2. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn