IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 21555 of 2010(T) -------------------------- PETITIONER(S): --------------- LINCY MARY THOMAS, W/O.SELESTIAN, VADAKKEL HOUSE, KANICHAR P.O., KELAKAM, KANNUR - 670674.,H.S.S.T(PHYSICS), LJM HIGHER SECONDARY SCHOOL, KOTTIYOOR. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE SRI.K.C.THOMAS (PALA) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM -1. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY SCHOOL DEPARTMENT, REGIONAL OFFICE, KOZHIKODE -673003. 4. CORPORATE MANAGER, CORPORATE MANAGEMENT SCHOOL, DIOCESE OF MANANTHAVADY, PASTORAL CENTRE, P.B.NO.42, MANANTHAVADY, VAYANADU - 670645. 5. PRINCIPAL, L.J.M.H.S.S. KOTTIYOOR, KANNUR - 670651. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.21555 OF 2010 -------------------------------------------- Dated this the 27th day of July, 2010 JUDGMENT The petitioner was appointed against an anticipatory vacancy of H.S.S.T (Physics) in LJM Higher Secondary School, Kottiyoor as per Ext.P1 dated 13.7.2001. Her appointment was approved as per Ext.P2 with effect from 30.12.2002. This Writ Petition has been filed by the petitioner mainly with the prayer to issue a writ of mandamus commanding the third respondent to consider and pass orders on Ext.P3 representation after affording an opportunity of being heard. As per Ext.P3, the petitioner has requested for approval of her appointment and consequential disbursement of salary with effect from 13.7.2001 to 29.12.2002. 2. Admittedly, the petitioner acquired the basic qualification of M.Sc (Physics) for appointment as H.S.S.T (Physics) only on 13.11.2001. In other words, it was prior to her acquisition of the qualification of M.Sc in Physics that she was appointed as H.S.S.T (Physics) as per Ext.P1 by the fourth respondent. The petitioner did not have a case that the aforesaid degree is not the prescribed qualification for appointment as H.S.S.T W.P.(C) NO.21555/2010 2 (Physics). That apart, though as per Ext P2, her appointment was approved only with effect from 30.12.2002, so far the same was not successfully challenged in any proceedings. When that be the case, the petitioner cannot legally sustain the claim for approval of her appointment and consequential disbursement of salary with effect from 13.7.2001 to 29.12.2002. In the circumstances, I am of the view that Ext.P3, which carries such an unsustainable claim, cannot be directed to be disposed by this Court. There is no merit in this Writ Petition and accordingly, it is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.21555/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.21555/2010 4