IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16254 of 2011(F) -------------------------------------- PETITIONER: ------------------- IGNATIOUS J., DEPUTY HEAD MASTER, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM – 695 001. BY ADVS. SRI.SERGI JOSEPH THOMAS, SRI.SAJU JOHN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM- 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM – 695 001. 4. THE MANAGER, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM – 695 001. 5. P.A.SEBASTIAN, HEAD MASTER, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM – 695 001. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16254/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. B5/5483/03/K. DIS. DTD. 28/07/03 ISSUED BY THE R.3. EXT.P.2: COPY OF THE APPEAL DTD. 14/04/2011 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.3: COPY OF THE PETITION DTD. 12/05/2011 FILED BY THE PETITIONER BEFORE THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16254 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2011. JUDGMENT The petitioner was appointed as a Deputy Headmaster as per Ext.P1 order, by way of re-designation. The grievance of the petitioner is that is that in the vacancy of Headmaster which arose on 1.4.2011, even though the petitioner is seniormost and the eligible candidate, the fifth respondent who is junior to the petitioner, has been appointed by the fourth respondent. 2. The petitioner has already filed an appeal before the District Educational Officer as per Ext.P2, opposing the above action of the fourth respondent and seeking for his appointment as Headmaster. The petitioner again filed Ext.P3 petition before the third respondent requesting to hear Ext.P2 appeal at an early date. It is submitted by the learned counsel for the petitioner that the appointment of the fifth respondent has not been approved so far. 3. In that view of the matter, there will be a direction to the third respondent to consider and pass orders on Ext.P2 appeal before orders are passed on the approval of appointment of the fifth respondent, after notice wpc 16254/2011 2 to the petitioner, the Manager and the fifth respondent. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the third respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/