Jis Mathew v. The Manager Desabandhu Higher Secondary School
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 633 of 2015 (D) -------------------------- PETITIONER:
------------------- JIS MATHEW, S/O MATHEW LUKOSE, U.P.S.A., DESABANDHU HIGH SCHOOL THACHAMPARA, PALAKKAD, PIN:678 593.
BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS:
-----------------------
1. THE MANAGER, DESABANDHU HIGHER SECONDARY SCHOOL THACHAMPARA, PALAKKAD, PIN-678 593.
*2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, MALAPPURAM.
3. SMT. ANITHA PHILIP HSST (JUNIOR), DESABANDHU HIGHER SECONDARY SCHOOL THACHAMPARA, PALAKKAD, PIN- 678 593.
4. SMT. SOUMYA RAJAN HSST, DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA, PALAKKAD, PIN:678 593.
* [2nd RESPONDENT'S NAME & ADDRESS CORRECTED AS PER ORDER DATED 08-01-2015 IN I.A. No.276/2015 ] R2 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-012015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 633 of 2015 (D) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
A TRUE COPY OF THE APPROVED SENIORITY LIST OF THE YEAR 2010. EXHIBIT P2:
A TRUE COPY OF THE SENIORITY LIST OF THE YEAR 2014. EXHIBIT P3:
A TRUE COPY OF THE PETITION DATED 13.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4:
A TRUE COPY OF THE PETITION DATED 26.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge
C.K. ABDUL REHIM, J.
------------------------------------------------- W.P.(c) No. 633 OF 2015-D ------------------------------------------------- DATED THIS THE 8th DAY OF JANUARY, 2015.
J U D G M E N T
In view of the relief proposed to be granted in the writ petition, issuance of notice to respondents 1, 3 and 4 can be dispensed with.
2.
The petitioner had submitted Exts.P3 & P4 objections before the 2nd respondent, objecting the grant of approval of appointment of respondents 3 & 4 as Higher Secondary School Teachers. Contention of the petitioner is that he is the senior in-service candidate having superior claim to the post against which the appointment was made in favour of respondents 3 & 4. Limited relief sought for in this writ petition is for a direction to the 2nd respondent to consider Exts.P3 & P4 objections before granting approval of the appointments of respondents 3 & 4.
3.
Heard; learned Government Pleader appearing for the 2nd respondent. It is submitted that there is no difficulty
W.P.(c) No.633/2015 -2in considering Exts.P3 & P4 objections by the 2nd respondent, if appointment of the respondents 3 & 4 were not already approved.
4.
Under the above mentioned circumstances this writ petition is disposed of by directing the 2nd respondent to consider Exts.P3 & P4 objections if the same is already received, before granting approval of appointment of respondents 3 & 4. Needless to observe that, if necessary the 2nd respondent shall afford opportunity of personal hearing to the petitioner as well as the respondents 1, 3 & 4 in the matter, before taking an appropriate decision. Sd/- C.K. ABDUL REHIM JUDGE True copy P.A. to Judge