Kerala High Court
Ambily R.K vs The Director Of Higher Secondary ... on 16 August, 2010
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 19TH DAY OF OCTOBER 2012/27TH ASWINA 1934
WP(C).No. 23141 of 2012 (P)
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PETITIONER(S):
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1. AMBILY R.K., AGED 32 YEARS,
HIGHER SECONDARY SCHOOL TEACHER (BOTANY),
KADATHANATTU HIGHER SECONDARY SCHOOL, PURAMERI,
KOZHIKODE DISTRICT.
2. DILNA A.R.
HIGHER SECONDARY SCHOOL TEACHER (PHYSICS),
KADATHANATTU HIGHER SECONDARY SCHOOL, PURAMERI,
KOZHIKODE DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENT(S):
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1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
2. THE DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
KOZHIKODE-673001.
3. THE MANAGER,
KADATHANATTU RAJAS HIGHER SECONDARY SCHOOL,
PURAMERI, KOZHIKODE DISTRICT-673503.
4. SELECTION COMMITTEE,
KADATHANATTU HIGHER SECONDARY SCHOOL, PURAMERI,
KOZHIKODE DISTRICT, REPRESENTED BY ITS CHAIRMAN
PIN-673503.
R1 & R2 BY SR. GOVERNMENT PLEADER SRI.M.A.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19-10-2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
DSV/-
WP(C).No. 23141 of 2012 (P)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT-P1. COPY OF THE NO. ACD-B5/20618/2010/HSE- 3
DATED 16.8.2010.
EXHIBIT-P2. COPY OF THE GO(RT) 211/2011 DATED 24.10.2011.
EXHIBIT-P3. COPY OF THE CIRCULAR DATED 15.11.2011.
EXHIBIT-P4. COPY OF THE ORDER DATED 1.3.2012 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT-P5. COPY OF APPOINTMENT ORDER DATED 6.3.2012
ISSUED TO THE 1ST PETITIONER.
EXHIBIT-P6. COPY OF THE APPOINTMENT ORDER DATED 7.3.2012
ISSUED TO THE 2ND PETITIONER.
EXHIBIT-P7. COPY OF THE MINUTES OF THE SELECTION
COMMITTEE DATED 4.3.2012.
EXHIBIT-P8. COPY OF LETTER DATED 17.8.2012 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT-P9. COPY OF THE REPRESENTATION DATED 27.9.2O12
SUBMITTED BY THE 1ST PETITIONER BEFORE THE
1ST RESPONDENT.
EXHIBIT-P10. COPY OF REPRESENTATION DATED 27.9.2012
SUBMITTED BY THE 2ND PETITIONER BEFORE THE
1ST RESPONDENT.
RESPONDENTS' EXHIBITS :
EXHIBIT R1(A) COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.6267/12 DATED 04.09.2012.
//TRUE COPY//
P.A. TO JUDGE
DSV/-
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 23141 of 2012
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Dated this the 19th day of October, 2012
JUDGMENT
Non approval of the appointment of the petitioners as H.S.S.Ts (Botany and Physics) respectively in the 3rd respondent school was a matter of dispute, which came to be resolved by virtue of the general order passed by the 2nd respondent as per Ext.P8. The grievance of the petitioners is that, in spite of the direction given by the 1st respondent vide Ext.P8, it is not being implemented by the 2nd respondent, which in turn is sought to be interfered by this Court.
2. The learned Government Pleader appearing for the respondents submits that, Ext.P8, though dated 17.8.2012, reached the hands of the 2nd respondent only much later and that, steps are being taken to give effect to the same. It is also submitted that, there is no lapse or failure on the part of the 2nd respondent, nor has he got any objection as to the orders passed by the higher authorities.
3. After hearing both the sides, this Court finds that the W.P.C. No. 23141 of 2012 -2- further course of action to be pursued by the 2nd respondent is only to give effect to Ext.P8 and this shall be done by passing appropriate orders at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-