High Court of KeralaWP(C)/5436/2015disposed of

Jubair.K v. State Of Kerala

2015-02-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 5436 of 2015 (D) -------------------------------------- PETITIONER(S):

----------------------- JUBAIR K., AGED 46 YEARS, S/O.MOHAMMEDALI K, KHAIMA, UGRAPURAM P.O., AREACODE, MALAPPURAM DISTRICT - 673 639.

BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF HIGHER EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.

3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL DEPUTY DIRECTORATE OF HIGHER SECONDARY EDUCATION, KOZHIKODE - 693 001.

4. THE MANAGER, HIDAYATHUL MUSLIM YATHEEMKHANA, HIGHER SECONDARY SCHOOL, MANJERI P.O., MALAPPURAM DISTRICT - 676 121.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 5436 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: THE TURUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 22.02.13.

EXHIBIT P2: THE TURUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 05.02.15.

EXHIBIT P3: THE TURUE COPY OF THE JUDGMENT DATED 19.06.13 IN OP 28791/02. EXHIBIT P4: THE TURUE COPY OF THE REVISION DATED 12.02.15 SUBMITTED BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.5436 of 2015 ***************************************************** Dated this the 20th day of February, 2015

JUDGMENT

The petitioner is now working as High School Assistant in the fourth respondent School. The petitioner submits that he is eligible to be appointed as HSST under transfer quota. As per Ext.P2, the third respondent did not consider the claim of the petitioner on the ground that 25% of the transfer quota had already been filled up. Challenging Ext.P2 order, the petitioner preferred Ext.P4 before the first respondent. The only request made before this Court is for an early disposal of Ext.P4.

Considering the facts and circumstances, there shall be a direction to the first respondent to consider Ext.P4 and pass appropriate orders on the same after hearing the petitioner and the fourth respondent within a period of four months.

W.P.(C) No.5436 of 2015 2 Till a decision is taken in the matter, any appointment made in the post of HSST (Computer Science) by the 4th respondent shall not be approved by the third respondent. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln