IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 16203 of 2004(D) -------------------------- PETITIONER(S): --------------- C.L. VINCENT, HIGH SCHOOL ASSISTANT, (PHYSICAL SCIENCE), ST.JOSEPH'S HIGH SCHOOL, KALLODY, WAYANAD. BY ADV. SRI.E.SUBRAMANI SRI.S.EASWARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGNENCY, DIOCESE OF MANANTHAVADY, PASTORAL CENTRE, P.B.NO.42, MANANTHAVADY-670 645. 3. THE DISTRICT EDUCATIONAL OFFICER, MANANTHAVADY. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. SHRI. M.C. VINCENT, PRINCIPAL, ST.JOSEPH'S T.T.I., MANANTHAVADY. 6. SHRI SEBASTIAN J., MUKADAN, HEADMASTER, C.K.H.S., MANIMOOLY, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.M.R.SABU SRI.GRASHIOUS KURIAKOSE FOR R2,5,6 SRI.GEORGE MATHEWS FOR R2,5,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON 11/12/2008 DELIVERED THE FOLLOWING: W.P.(C).No. 16203/04 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT DTD.22.10.97 IN O.P.No.5138/91. P2. COPY OF THE SENIORITY LIST OF HEADMASTERS. P3. COPY OF THE APPOINTMENT ORDER DTD.1.4.04 OF R5. P4. COPY OF THE DECLARATION DTD.1.4.04 BY R2. P5. COPY OF THE APPOINTMENT ORDER DTD.12.4.04 OF R6. P6. COPY OF THE DECLARATION DTD.12.4.04 BY R2. P7. COPY OF THE REPRESENTATION DTD.NIL TO R3. P8. COPY OF THE REPRESENTATION DTD.19.4.04 TO R4. P9. COPY OF THE GOVT. ORDER DTD.14.6.00. P10. COPY OF THE ORDER DTD.4.7.2000 IN C.M.P.NO.30891/2000 IN O.P.NO.18591/2000. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 16203 of 2004 ================== Dated this the 11th day of December, 2008 J U D G M E N T This writ petition raises a dispute regarding the entitlement to be appointed as Headmaster and Principal in the schools managed by the 2nd respondent corporate management as between the petitioner on the one hand and respondents 5 and 6 on the other. 2. According to the petitioner, the petitioner is senior to respondents 5 and 6 and therefore, he has a better claim for appointment as headmaster and principal, which has been overlooked and respondents 5 and 6 have been appointed as per Exts.P3 to P6 orders. The petitioner challenges those orders, as also Ext.P9 order of the government holding that the schools managed by the 2nd respondent are minority institutions in a case between two other teachers in the schools under the same Corporate Management, which has been challenged by one of those teachers and the same is being disposed of separately in O.P.No.18591/2000. I am not called upon to decide that dispute on merits in so far as the petitioner has already invoked the w.p.c.16203/04 2 jurisdiction of respondents 3 and 4 by filing Exts.P7 and P8 complaints. In the above circumstances, I deem it appropriate that respondents 3 and 4 shall consider Exts.P7 and P8 after hearing all parties. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to respondents 3 and 4 to consider and pass orders on Exts.P7 and P8 respectively, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.16203/04 3 S.SIRI JAGAN, J. ================== W.P.(C).No. 16203 of 2004 ================== 11th December, 2008 J U D G M E N T