IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 10869 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. ARAVINDAKSHAN ADIYODI P.K., AGED 50 YEARS, S/O.K.NARAYANAN NAIR, HEAD MASTER, GOVERNMENT U.P.SCHOOL, PANANGADI, ANANDASHRAMAM.P.O, KASARAGOD DISTRICT. 2. P.K.RAJAN, AGED 45 YEARS, S/O.P.KRISHNAN NAIR, HEAD MASTER, G.L.P.SCHOOL, UDUMBUMTHALA.P.O, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. STATE, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.DILIP MOHAN R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.10869 OF 2010 -------------------------------------------- Dated this the 2nd day of June, 2010 JUDGMENT The petitioners are Headmasters working in Government Primary Schools. This Writ Petition has been filed mainly with the prayer to declare that the qualified Headmasters of Government Primary Schools are to be preferred first for promotion to the post of Higher Secondary School Teachers under the department quota and only in their absence, preference can be given to High School Assistants and other categories. The further prayer is for a direction to the respondents to amend the rules suitably ensuring first preference to the Headmasters of the Government Primary Schools in the matter of promotion to H.S.S.T under Department quota. 2. It is a settled position that matters relating addition or deletion of categories in the matter of appointment to a particular post and such other service conditions fall within the domain of the Government. Writ of mandamus cannot be issued to any rule making authority to frame or amend the rule. In the light of the decision of this Court in George M.I v. High Court of Kerala & ors. reported in ILR 2010(2) Kerala 213 and that of the Hon’ble Apex Court in Union of India v. Pushpa Rani reported in W.P.(C) NO.10869/2010 2 2008(9) SCC 242, this Writ Petition is liable to be dismissed. This Court cannot issue the declaration or direction sought for by the petitioner in this Writ Petition. There is no merit in this Writ Petition. Accordingly, it is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.10869/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010