IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 17054 of 2009(B) -------------------------- PETITIONER(S): --------------- JOSEPH MATHEW, S/O. P.J.MATHEW, AGED 44, HIGHER SECONDARY SCHOOL TEACHER(HISTORY) ST. MOMINIC HIGHER SECONDARY SCHOOL, KANJIRAPPALLY BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAGT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION EDAPPALLY, ERNAKULAM-24. 4. THE CORPORATE MANAGER, DIOCESE OF KANJIRAPPALLY, KANJIRAPPALLY-686507. 5. SMT. LUCY KURIEN HIGH SCHOOL ASSISTANT ST. MANY'S HIGH SCHOOL THEKKEMALA, PERUVANTHANAM-685532. 6. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17054 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of June, 2009. JUDGMENT The petitioner herein is aggrieved by Ext.P7 and P11 orders. He was appointed by the Manager as per order dated 3.6.2008, as a Higher Secondary School Teacher (Junior) pursuant to a selection conducted, while working as H.S.A. The 5th respondent was another applicant and she had objected to the appointment of the petitioner. The matter was considered by this court at the instance of the 5th respondent, in Writ Petition No.20351/2008. As per Ext.P3 judgment, this court directed the third respondent to consider the matter. Ext.P4 is the written submission made by the petitioner before the third respondent. The third respondent directed the Manager to make appointment strictly as per the Special Rules, as per Ext.P7. This was challenged by the Manager in appeal by filing Ext.P8. The petitioner has also filed Ext.P9 appeal and Ext.P9(a) stay petition. Pursuant to the directions issued by this court in W.P.(C) No.297/2009, the matter was disposed of by Ext.P11 rejecting the appeal. Presently, the petitioner filed Ext.P12 further appeal along with Ext.P12(a) stay petition. Going by the orders now passed, the petitioner's appointment has been 17054/2009 2 found to be not in order. Therefore, learned counsel for the petitioner prays that a direction may be issued to consider the appeal and the stay petition expeditiously, within a time frame. There will be a direction to the first respondent to take a decision on Ext.P12 appeal after hearing the petitioner and respondents 4 and 5, within a period of three months from the date of receipt of a copy of this judgment. Meanwhile, orders will be passed on Ext.P12(a) stay petition after hearing the parties, within one month from today. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/