IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 18300 of 2009(F) -------------------------------- PETITIONER: -------------- LIZY MATHEW, W/O.SIBY V.A., VAKKAKUNNEL, NECHIPUZHOOR POST, KOTTAYAM-686 574. BY MR.MATHEW JOHN (K), ADVOCATE. MR.AJEESH K.SASI, ADVOCATE. RESPONDENTS: ------------------ 1. THE SECRETARY TO GOVERNMENT, HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHINAGAR, TRIVANDRUM. 3. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF VIJAYAPURAM, VIJAYAPURAM BISHOP'S HOUSE, P.B.NO.82, KOTTAYAM-686 001. 4. SAJAN PAUL, H.S.S.T POLITICAL SCIENCE ST.SEBASTIANS' HIGHER SECONDARY SCHOOL, CHEENTHALAR. BY MR.V.M.KURIAN, ADVOCATE, FOR R3. MR.MATHEW B. KURIAN, ADVOCATE, FOR R3. MR.K.T.THOMAS, ADVOCATE, FOR R3. MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18300 OF 2009 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioner herein was appointed as H.S.S.T Political Science in the Mount Carmel Higher Secondary School, Kottayam by the 3rd respondent in a leave vacancy consequent on the availing of leave by another teacher namely, Mollykutty Sebastian for the period from 17.11.2004 to 31.03.2005. The said appointment has been approved as per Exhibit P1. According to the petitioner, the said appointment entitles the petitioner to pursue a claim under Rule 51A of Chapter XIV A of Kerala Education Rules. 2. In another school managed by the 3rd respondent, St.Sebastian's Higher Secondary School, Cheenthalar, a vacancy in the post of H.S.S.T Political Science arose with effect from 17.09.2007 on account of the resignation of a teacher by name Baburaj T.S. According to the petitioner, she is the legitimate claimant to be appointed in that vacancy. But, overlooking her W.P.(C) No.18300/2009 2 claim, the 4th respondent was appointed. It is in these circumstances, the petitioner has approached this Court seeking to quash Exhibit P4 order of appointment of the 4th respondent. 3. The 3rd respondent has filed a counter affidavit, and a reply affidavit has also been filed by the petitioner. Learned counsel for the petitioner, by relying upon the decisions of this Court in Jayasree vs. Director of Higher Secondary Education (2009(2)KLT 352), Abdurahiman vs. Government of Kerala (2009(2) KLT 105) and in Sam Joseph vs. State of Kerala (2009(3) KLT 99), submitted that the petitioner ought to have been appointed by recognizing her right under Rule 51A of Chapter XIV A of K.E.R. Learned counsel for the 3rd respondent submitted that Rule 51A will not apply to Higher Secondary Schools and there is unreasonable delay in the petitioner claiming appointment and in challenging Exhibit P4 and therefore, the petitioner cannot have any grievance at this distance of time. She had also participated in the selection and out of three candidates she obtained the last rank. The appointment as per Exhibit P4 was made in accordance with the W.P.(C) No.18300/2009 3 selection and the same has been approved. 4. Since Exhibit P5 is still pending before the 2nd respondent, it is upto the 2nd respondent to take a decision on Exhibit P5 in accordance with law. It is pointed out by the learned Government Pleader that Exhibit P5 has been received along with the copy of the writ petition only. Therefore, there will be a direction to the 2nd respondent to take a decision on Exhibit P5 in accordance with law, after hearing the petitioner and respondents 3 and 4, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that this Court has not considered anything on the merits of the claim of the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp