IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 OP.No. 12896 of 1991(N) ----------------------- PETITIONER: -------------- RAJEE NATARAJ, KUTTICHIRA HOUSE, KANDANASSERY P.O., VIA. GURUVAYOOR. BY MR.C.P.SUDHAKARA PRASAD, ADVOCATE MR.BABU MATHEW P.JOSEPH, ADVOCATE MR.N.RAGHURAJ, ADVOCATE MR.ELVIN PETER RESPONDENTS: ------------------ 1. THE MANAGER, SREE KRISHNA HIGH SCHOOL, GURUVAYOOR. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, GURUVAYOOR. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE MR.K.RADHAKRISHNAN, SENIOR ADVOCATE MR.NAGRAJ NARAYANAN, SC. MR.P.NANDAKUMAR,SC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.12896/1991 C.M.P.No.22411/1991 & C.M.P.No.6859/1992 IN O.P.No.12896/1991 DISMISSED. Sd/- S.SIRI JAGAN,JUDGE. 05/02/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RANKED LIST ISSUED AS PER RESOLUTION No.49 DATED 15.6.1991. EXT.P2: COPY OF REPRESENTATION DT.20.11.1991 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P3: COPY OF ORDER NO.DIS.B3-6875/91 DATED 11.11.1991 OF THE 2ND RESPONDENT. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN,J ========================= O.P.No.12896 of 1991 ========================== Dated this the 5th day of February, 2010 JUDGMENT The first respondent prepared a rank list for filling up of vacancies in the school under the Guruvayoor Devaswom. The list contained six names in the order of merit. Petitioner was the 5th. There were five vacancies. Four were filled up by the first four persons in the rank list. The 5th vacancy, which was a long leave vacancy was not filled up. It is under the above circumstances, the petitioner has filed this original petition seeking a direction to the first respondent to appoint the petitioner in the said vacancy. On 3.3.1992, this Court passed the following interim order in C.M.P.No.22411 of 1991: “Learned counsel representing the respondent submits that a long leave vacancy exists in the school and no substitute has been appointed. It is also stated that the staff strength fixed by Educational Authorities require one more teacher to be appointed in the school. According to him, the leave vacancy is not being filled up on account of the ban imposed by the Commissioner, Devaswom, to the appointments under the Devaswom. The ban imposed by the Commissioner cannot affect the students in the school. If sufficient number of teachers are not appointed in the school, the students will be adversely affected. So, the ban imposed by the Commissioner cannot stand against the appointment in the long leave vacancy which exists from July, 1990. The respondent is directed to fill up the vacancy in O.P.No.12896/1991 2 accordance with the ban as expeditiously as possible. Post O.P for final hearing during the last week of March.” The petitioner now submits that pursuant to the same, the petitioner was appointed. But the counsel for the petitioner does not have instructions from the petitioner as to what transpired thereafter. According to the counsel, in view of the appointment made, the petitioner would be entitled to preference in appointment in future vacancies under Rule 51A of Chapter XIVA of K.E.R. I am of opinion that this is the matter which the petitioner has to take up as and when vacancies arise and the petitioner becomes entitled to stake a claim for such vacancy. Without prejudice to that right, the original petition is disposed of in terms of the above interim order. S.SIRI JAGAN, JUDGE dvs