IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 22309 of 2004(E) ------------------------- PETITIONER(S): ---------------------- 1. K.P.RAJASEKHARAN, S/O.M.K.KUNHIRAMAN NAMBIAR, RESIDING AT PALIYERIKKOVIL, KARUVALLUR P.O. KANNUR DISTRICT WORKING AS HSA (SOCIAL SCIENCE), GOVT.HIGHER SECONDARY SCHOOL, CHEEMENI, CHEEMENI P.O. , KASARAGOD DISTRICT. 2. M.JAYACHANDRAN, S/O.M.K.ANDY MASTER, R/A. AT AMRITHA VEENA, P.O.MADAPPALLY COLLEGE, KOZHIKODE DISTRICT, WORKING AS LECTURER DIET, P.O.RAMAVARMA PURAM, THRISSUR DISTRICT. BY ADVS. SRI.P.M.SAJI SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY THE SECRETARY, HIGHER SECONDARY EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.22309 Of 2004 ----------------------------------------------------- DATED THIS THE 4th DAY OF JANUARY, 2011 J U D G M E N T The petitioners were working as High School Assistants in the subject Social Science. They were aspiring for appointment as Higher Secondary School Teacher(History) in Government Higher Secondary Schools. In Exhibit P1 seniority list published in the year 2003, the petitioners were assigned Sl.Nos.52 and 53. It is pointed out that upto Sl.No.51 were given appointment. It is pointed out that in the subsequent list Exhibit P2, the name of the first petitioner was put as Sl.No.28 and certain persons who have entered service subsequently been included above him. It is also alleged that those persons acquired qualification for SET also subsequent to that of the first petitioner. Exhibit P3 is a similar list published for a later year. 2. The respondents have filed a detailed counter affidavit. It is pointed out in paragraph No.7 that Exhibit P3 is the provisional seniority list of HSAs and UPSAs/LPSAs who are fully qualified as on 14.10.2003 and it was prepared for appointment in vacancies if any that arose between 1.8.2002 and 14.10.2003. W.P.(C)No.22309/04 -2- If the petitioners submit any specific complaints regarding their ranks that will be examined and corrections if any needed will be done before finalising the list. 3. It is clear that due to efflux of time, there will be clear change of circumstances. During the subsequent years also appointment would have been made and it is not clear whether the petitioners have already secured appointment as HSST. 4. In the light of the above, the only direction that is called for is to the effect that if the petitioners have got any subsisting grievance with respect to any of the lists which are published upto this year they will invite attention of the competent authority with regard to the same by raising complaint in respect of placements given to them or any other person if not already done and in such an event the said complaint will be examined by the competent authority concerned. With the above observation, the Writ Petition is disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE). dsn