Roshan Thomas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 RP.No. 572 of 2015 IN WA.238/2015 ----------------------------------------------- AGAINST THE JUDGMENT IN WA 238/2015 of HIGH COURT OF KERALA DATED 05-06-2015 REVIEW PETITIONER:
----------------------------- ROSHAN THOMAS, U.P.S.A.
S.H.H.S., MYLAPRA, PATHANAMTHITTA RESIDING AT KUTHEANETHU HOUSE PAYYANAMON P.O.
KONNY.
BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS:
--------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.
2. DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 001.
3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHIRRA AT THIRUVALL 689 101.
4. DISTRICT EDUCATIONAL OFFICER PATHANAMTHIRRA 689 645
5. ASSISTANT EDUCATIONAL OFFICER PATHANAMTHITTA 689 645
6. MANAGER, M.S.C. SCHOOLS PATHANAMTHIRRA 689 645 R6 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) R6 BY ADV. SRI.TONY GEORGE KANNANTHANAM SR. GOVERNMENT PLEADER SRI.P.FAZIL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANTONY DOMINIC & SHAJI P. CHALY, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.572 of 2015 in W.A.No.238 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2015
ORDER
Antony Dominic, J.
Heard the counsel for the petitioner, learned Government Pleader appearing for respondents 1 to 5 and the learned Senior Counsel appearing for the fourth respondent.
2. The review petitioner filed the writ appeal challenging the judgment in W.A.238/2015 which was dismissed by the judgment of which the review is now sought. Reading of the judgment shows that the dismissal was basically on the ground that Ext.P2 Government Order was not challenged by the review petitioner. It is now pointed out that though the Government Order was not under challenge in the writ petition, Ext.P2 Government Order has already been set aside by this Court in various writ petitions including Writ Petition No.20107/13 by judgment
R.P.No.572 of 2015 in W.A.No.238 of 2015 : 2 :
dated 15.1.2015. Therefore, the fact that Ext.P2 Government Order was not challenged by the review petitioner was inconsequential.
3. We are, therefore, satisfied that the judgment is vitiated by the aforesaid error. Judgment dated 5th June, 2015 dismissing Writ Appeal No.238/15 is reviewed and recalled.
Review Petition is allowed accordingly. Post the appeal for hearing.
Sd/- ANTONY DOMINIC JUDGE Sd/- SHAJI P. CHALY JUDGE jes