IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 34528 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. THE PUDUPPARIYARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, PUDUPPARIYARAM P.O., PALAKKAD DISTRICT. 2. BINDU.M., RESIDING AT 'SREE NILAYAM', VENNAKKARA, PUDUPPARIYARAM P.O., PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE REGIONA DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. 2. THE PRINCIPAL, C.B.K.M. HIGHER SECONDARY SCHOOL, PUDUPPARIYARAM, PALAKKAD DISTRICT. 3. RADHIKA.P., RESIDING AT PLLEKKAD HOUSE, MANDALAKKODE, CHENNANGAD P.O., PALAKKAD DISTRICT. ADV. SRI.U.BALAGANGADHARAN FOR R3 GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010, ALONG WITH WPC NO. 35520 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W..P.C. NO. 34528/2009 ---------------------------------------------------------------------- EXT.P1 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE. EXT.P2 ORDER DT. 20-11-2009. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R3(a) CIRCULAR DT. 30-7-2004. EXT.R3(b) INFORMATION DT. 10-6-2009. EXT.R3(c) COMPLAINT SUBMITTED BY THE PETITIONER/R3 DT. 3-6-2009. EXT.R3(d) DO. DT. 19-6-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 34528 & 35520 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of March, 2010. J U D G M E N T W.P(C) No. 34528/2009 is filed by the Puduppariyaram Grama Panchayat and a guest lecturer appointed by the Panchayat in the CBKM Higher Secondary School run by the Panchayat. They are challenging Ext. P2 order of the Regional Deputy Director of Higher Secondary Education, Ernakulam, cancelling the 2nd petitioner's selection and appointment as lecturer and directing fresh selection in accordance with law. W.P(C) No. 35520/2009 is filed by the 3rd respondent in the other writ petition, who was also an applicant for the post of guest lecturer to which the 2nd petitioner was selected, for implementing Ext. P2 order, which is under challenge in the other writ petition. 2. I heard parties of both writ petitions. 3. I am not satisfied that Ext. P2 order is in any way wrong because it gives cogent reasons as to why the appointment of the 2nd petitioner in W.P(C) No. 34528//2009 is not sustainable. However, the appointment does not confer any preferential right to her in the matter of future employment. The academic year closes by the end of this month. Therefore, if the services of the 2nd the petitioner in W.P(C) No. 34528/2009 is to be terminated at this point of time, the students would suffer, since the process of fresh selection and appointment would take further time. Therefore, despite the illegality in the selection since no serious consequences would result to the other candidate seeking implementation of Ext. P2, I dispose of these writ petitions with a direction that the 2nd the petitioner in W.P(C) No. 34528/2009 be allowed to continue till 31-3-2010, making it clear that W.P.C. Nos.34528 & 35520/09 -: 2 :- the 2nd petitioner in W.P(C) No. 34528/2009 wold not be entitled to any further service benefits in respect of the appointment except the emoluments attached to the same. Sd/- S. Siri Jagan, Judge. Tds/