IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WA.No. 78 of 2011() ------------------- AGAINST THE JUDGEMENT IN WPC.20330/2008 Dated 26/10/2010 APPELLANT/3RD PARTY: ---------------------------------- MATHEW ZACHARIA, S/O.T.M.BABY, THELAKKATTU HOUSE, VARIKKOLI P.O., PUTHENCRUZ, ERNAKULAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENTS/PETITIONER & RESPONDENTS: ---------------------------------------- 1. THOMSON.C.VARGHESE, MANAGER, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL AND TEACHERS TRAINING INSTITUTE, VADAKARA, OLLIYAPPURAM P.O., KOOTHATTUKULAM, ERNAKULAM-686 679. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY P.O., KOCHI-682 024. 4. SINOBY MATHEW, THEKKEDATH HOUSE, MANNATHUR P.O., ERNAKULAM DISTRICT-678 513. 5. JOBY.M.JOHN, S/O.M.J.JOHN, RESIDING AT MANGALATHU HOUSE, KIZHAKOMBU P.O., KOOTHATTUKULAM, ERNAKULAM-686 662. 6. FR.JOY KADUKKUMMAKKIL, S/O.CHACKOCHAN, VICAR, ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, OLLIYAPURAM P.O., KOOTHATTUKULAM-686 679. R1 BY ADV. SRI.JAIJU BABU R2&3 BY G.P. SMT.T.B.RAMANI R4 BY ADV. SRI.V.A.MOHAMMED R5 BY ADV. SRI.JAMES ABRAHAM R6 BY ADV. SRI.S.SREEKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2011, ALONG WITH WA NO.79 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal Nos.78 & 79 of 2011 .................................................................... Dated this the 27th day of January, 2011. JUDGMENT Ramachandran Nair, J. In the connected Writ Appeals appellant is challenging appointment of Lab Assistants, one by direct recruitment and the other by promotion, by the same management. The appellant's case is that while he was very young, his mother died in 1992 and, therefore, he has a claim for appointment on compassionate ground under Rule 51 (B) of the Kerala Education Rules. On account of a faction dispute in the Church and the management, the management kept on changing and the previous Manager appointed contesting respondents, one through promotion and the other through direct recruitment. When the petitioner claimed the post on compassionate ground in preference to the persons appointed, the claim though was allowed, the learned Single Judge did not interfere with the appointment of contesting respondents for the reason that they were validly appointed. Counsel appearing for the respondents raised a contention that Rule 51B has no 2 application because the posts filled up are in Higher Secondary School to which Rule 51(B) does not apply at all. We find force in this contention because Lab Assistants are required only for Higher Secondary Schools and K.E.R. does not apply for the purpose of appointment to Higher Secondary Schools. So much so, the learned Single Judge rightly held that the appellant cannot maintain his claim in accordance with Rule 51B for a vacancy in the school wherefrom his mother retired. Subject to appellant's right to claim employment in the suitable vacancy, the Writ Appeals are dismissed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms