IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RP.No. 1177 of 2008(W) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30226/2007 Dated 19/03/2008 .................... REVIEW PETITIONER(S): RESPONDENTS:- ------------------------------------------------- 1. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION (SPECIAL CELL), DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT(S): PETITIONERS- -------------------------------------- 1. CHANDRASEKHARAN, SON OF RAGHAVAN, NON VOCATIONAL TEACHER, JUNIOR (GFC), S.R.N.S. VOCATIONAL HIGHER SECONDARY SCHOOL, CHIRAKKADAVU. 2. LANCY PAUL M, D/O.M.V. POULOSE, NON VOCATIONAL JUNIOR (G.F.C.), SALEM V.H.S. SCHOOL, W.VENGOLE, PERUMBAVOOR. ADV. SRI.WILSON URMESE FOR R1 & R2 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ R.P.NO.1177 OF 2008 IN W.P.(C)No.30226 OF 2007 ---------------------------------------- Dated this the 26th day of November, 2008 ORDER This Review Petition is filed by the State seeking review of my judgment dated 19.3.2008. The ground on which the review is sought for, is that the order of the Director of Vocational Higher Secondary Education to the Assistant Directors of various regional officers, based on which the judgment was rendered was not one approved by the Government and in fact subsequently the Government has cancelled that order also. Therefore, the judgment solely based on that order requires to be reviewed is the contention raised in the Review Petition. 2. This is opposed by the learned counsel for the petitioners in the writ petition. However, the petitioners in the writ petition could not satisfy me that the Director of Vocational Higher Secondary Education has issued that order after obtaining sanction from the Government and could not controvert the contention of the State that the order has been cancellled. Since R.P.No.1177/08 2 my judgment was solely based on that order, which has subsequently been cancelled, which itself had been issued without the concurrence of the Government, I am inclined to review my judgment. Accordingly, the review petition is allowed and my judgment dated 19.3.2008 is recalled. The writ petition would stand restored to file and be posted before the appropriate Court for hearing. However, I make it clear that the above order would not stand in the way of the petitioners in the writ petition challenging the Government Order cancelling the order of the Director of Vocational Higher Secondary Education appropriately. S. SIRI JAGAN, JUDGE Acd R.P.No.1177/08 3