IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 17787 of 2005(P) -------------------------- PETITIONER: ------------ BINUMON. D.A., LPSA, ARIVARIKUZHI LMLPS, ARIVARIKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ------------------ 1. THE MANAGER, LUTHERAN SCHOOLS, CONCORDIA HGH SCHOOL COMPOUND PEROORKADA, THIRUVANANTHAPURAM. 2. THE HEADMISTRESS, LMLPS, ARIVARIKUZHI, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER KOLIMANOOR, THIRUVANANTHAPURAM DISTRICT. 4. JAYASREE G.R., GIREESHA BHAVAN, ATTINKUZHI, KAZHAKOOTAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR SRI. B. RAGHUNATHAN GOVERNMENT PLEADER SRI.T.T.MAHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C) NO.19384 OF 2005 ON 02/01/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17787 OF 2005. APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF APPOINTMENT ORDER DT. 20.12.2004. EXT.P2: COPY OF THE JOINING DUTY REPORT OF R2. EXT.P3: COPY OF THE INTIMATION DT. 20.12.2004 OF R2. EXT.P4: COPY OF THE COMMUNICATION NO.201/05 DT. 4.3.2005 OF THE MANAGER LUTHERAN SCHOOLS. EXT.P5: COPY OF THE ORDER DT. 2.6.2005 IN W.P.(C) 9263/05 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE ORDER DT. 7.6.2005 IN W.P.(C) NO.17081/05 OF THIS HON'BLE COURT. EXT.P7: COPY OF THE APPOINTMENT ORDER DT. 8.6.2005 APPOINTING R4. RESPONDENT'S EXHIBITS EXT.R4(a): COPY OF THE REPRESENTATION DT. 4.6.05 ADDRESSED TO THE MANAGER. EXT.R4(b): COPY OF LETTER NO.F4-34157/05L. DIS DT. 9.6.05 OF THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.R4(c): COPY OF ORDER OF APPOINTMNET DT. 8.6.2005. EXT.R4(d): COPY OF THE JUDGMENT DT. 7.6.2005 IN W.P.(C) NO.17081 OF 2005-H. EXT.R4(e): COPY OF ORDER NO.F1/71142/05/DPI/K/DIS. DATED 28.1.2006 OF ADDITIONAL DPI. EXT.R4(f): COPY OF ORDER NO.917/05-06 DT. 22.03.2006 OF THE MANAGER. EXT.R4(g): COPY OF ORDER DT. 19.8.06 OF THE DEO, ATTINGAL TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. -------------------------------------------- W.P.(C)Nos.17787 & 19384 OF 2005 ---------------------------------------------- Dated this the 2nd day of January, 2008 JUDGMENT In these two writ petitions, the petitioners are persons appointed by an unapproved manager of the 2nd respondent's School. At the relevant time there was a management dispute pending and the educational agency elected a manager, who appointed the petitioners in these two cases validity of which election was under challenge in other proceedings. Subsequently in 2005, the Government approved another manager, who directed the Headmaster of the School not to allow persons appointed by anybody other than him to work in the School consequent to which intimations were given by the Headmaster to the petitioners not to attend the work. It is under the above circumstances, these writ petitions have been filed. However, it is not disputed before me that at the relevant time there were 51A claimants eligible for preferential appointment and it is overlooking such preferential claims the petitioners have been W.P.(c) No.17787/05 & Con.case 2 appointed in the School. Therefore notwithstanding the other contentions in the writ petitions that the management dispute cannot affect the validity of the appointments made by the defacto manger, the petitioners cannot claim continuance overlooking the claims of the 51A claimants. Therefore there is no merit in these writ petitions and accordingly the same are dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.17787/05 & Con.case 3