Kerala High Court
Rajeevan K vs State Of Kerala
Author: Pius C. Kuriakose
Bench: Pius C.Kuriakose, A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
MONDAY, THE 23RD DAY OF JANUARY 2012/3RD MAGHA 1933
WPC.No. 34439 of 2011 (D)
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PETITIONER(S):
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RAJEEVAN K, KALAMULATHIL HOUSE,
P.O .KODANCHERRY, (VIA) PURAMERI, KOZHIKODE DISTRICT,
(NOW WORKING AS U.P.S.A ,K.R.HIGHER SECONDARY, SCHOOL
PURAMERI), PIN -673 503.
BY ADVS.SRI.C.VALSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY SECRETARY,
HIGHER SECONDARY EDUCATION, SECRETARIAT,
TRIVANDRUM, PIN- 695 001.
2. REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
KOZHIKODE , PIN -675 001.
3. MANAGER, KADATHANAD RAJA'S HIGHER SECONDARY SCHOOL,
P.O.PURAMERY, KOZHIKODE DISTRICT, PIN -673 503.
4. MANAGING COMMITTEE,
KADATHANAD RAJA'S HIGHER SECONDARY SCHOOL,
REPRESENTED BY ITS SECRETARY, P.O.PURAMERY,
KOZHIKODE DISTRICT, PIN -673 503.
5. HEADMISTRESS IN CHARGE/PRINCIPAL,
K.R.HIGHER SECONDARY SCHOOL, P.O.PURAMERY,
KOZHIKODE DISTRICT, PIN- 673 503.
R1 & R2 BY SR GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR
R3 BY ADV. SRI.DEVAN RAMACHANDRAN
SRI.K.M.ANEESH
R4 BY ADV. SRI.M.P.SREEKRISHNAN
SRI.P.K.SASIKUMAR
R5 BY ADV.SRI.P.A.AUGUSTINE(AREEKATTEL)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23-01-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.34439/2011
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE LIST OF QUALIFIED TEACHERS TO PROMOTE AS HIGHER
SECONDARY SCHOOL TEACHERS.
P1(A) COPY OF THE INFORMATION DATED 14/12/2011 BY THE 3RD RESPONDENT.
P2 COPY OF THE JUDGMENT DATED 18/7/2011 IN WP(C)NO.19339/2011.
P3 COPY OF THE LETTER DATED 22/8/2011 BY 3RD RESPONDENT.
P4 COPY OF THE CIRCULAR DATED 4/11/2011 BY DIRECTOR HIGHER SECONDARY
EDUCATION.
P5 COPY OF THE CIRCULAR DATED 15/11/2011 BY JOINT DIRECTOR OF HIGHER
SECONDARY EDUCATION.
RESPONDENT'S EXHIBITS:
R3(A) COPY OF THE 3RD RESPONDENT ISSUED TO MR.VENUGOPAL
R3(B) COPY OF THE NOTICE ISSUED TO MR.GOKULKUMAR
R3(C) COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER.
/TRUE COPY/
P.A.TO.JUDGE
sts
PIUS C. KURIAKOSE &
A. V. RAMAKRISHNA PILLAI, JJ
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W.P(C) No. 34439 of 2011
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Dated this the 23rd day of January, 2012
JUDGMENT
Pius C. Kuriakose, J This Writ Petition is filed by a Teacher in Kadathanad Raja's Higher Secondary School, Kozhikode, arraying the following as respondents:
1) State of kerala, Represented by Secretary, Higher Secondary Education, Secretariat, Trivandrum.
2) Regional Deputy Director, Higher Secondary Education, Regional Office, Kozhikode.
3) Manager, Kadathanad Raja's Higher Secondary School, P.O.Puramery, Kozhikode District.
4) Managing Committee, Kadathanad Raja's Higher Secondary School, Represented by its Secretary, P.O.Puramery, Kozhikode District.
5) Head Mistress in charge/Principal K.R.Higher Secondary School, P.O.Puramery, Kozhikode District.W.P(C) No. 34439 of 2011 -:2:-
2. The reliefs sought for in this Writ Petition are as follows:
1) Issue a writ of mandamus directing respondents 3 and 4 to promote and post the petitioner as Higher Secondary School Teacher (History) under the 5th respondent in the existing vacancy forth with;
2) Direct 3rd and 4th respondent not to appoint any outside person as Higher Secondary School Teacher under the 5th respondent without a selection process as enumerated and spelt out in Ext.P4 and P5.
3. A serious counter affidavit has been filed by the 4th respondent Managing Committee. It is contended in the counter affidavit that petitioner's claims are unsustainable and that the authority to take decision regarding appointments, is the 4th respondent Managing Committee and also that the 3rd respondent Manager is only the authorised representative/signatory for the 4th respondent Committee.
4. Shri C. Vathsalan, learned counsel for the petitioner after addressing us on initial facts and after drawing our attention to some other documents placed on record, submitted that as the 3rd respondent Manager has already appointed petitioner as HSST (History) in the school in question with effect from 09/1/2012, the petitioner does not need the reliefs which he had sought for in the writ petition. The W.P(C) No. 34439 of 2011 -:3:- learned counsel requested that the Writ Petition will be closed without examining the merits of the grounds.
5. Shri M. C. Sen, the standing counsel for the contesting respondent, namely the 4th respondent submitted that in this case where there is very serious contest, we should examine the merits of the grounds and the petitioner's eligibility to appointment as HSST (History) in the school. He also submitted that the relief No.1 perse cannot be granted, as there is no existing vacancy in the post of HSST (History). He also submitted that relief No.2 also cannot be granted to the petitioner because it is within the prerogative of the Managing Committee to appoint persons even from outside, if suitable candidates in service are not available from the school.
6. Having considered the above submissions of Shri C. Vathsalan, and Mr. Sen, we are of the view that as the petitioner has informed us through his learned counsel that he does not need the reliefs sough for in this Writ Petition, it is not necessary that we examine the merits of the grounds or the petitioner's eligibility to the reliefs.
W.P(C) No. 34439 of 2011 -:4:-
We close this Writ Petition without examining the merits of the grounds or the petitioner's eligibility to the reliefs. The merits of the rival contentions raised are left open to be decided, if necessary, in appropriate other proceedings.
Sd/-
PIUS C.KURIAKOSE JUDGE Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE //True Copy// PA To Judge krj