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High Court of KeralaWP(C)/16132/2015disposed of

Balagopalan.M v. The State Of Kerala

2015-06-01Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16132 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- BALAGOPALAN.M, AGED 52 YEARS, HSS TEACHER (PHYSICS), CHATTANCHAL HIGHER SECONDARY SCHOOL, CHATTANCHAL, THEKKIL POST, KASARAGOD - 671 541.

BY ADV. DR.K.P.PRADEEP RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (GENERAL EDUCATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2.DIRECTOR OF HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

3.REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR - 670 002.

4.CHATTANCHAL HIGHER SECONDARY SCHOOL CHATTANCHAL, THEKKIL POST, KASARGOD - 671 541, REPRESENTED BY ITS MANAGER-IN-CHARGE.

5.M.MOHANAN NAIR, PRINCIPAL IN CHARGE, CHATTANCHAL HIGHER SECONDARY SCHOOL, CHATTANCHAL, THEKKIL POST, KASARGOD - 671 541.

R BY GOVERNMENT PLEADER SMT.LOWSY.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO.16132/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: COPY OF THE ORDER NO.A4/4023/2014 DATED 1.7.2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P2: COPY OF THE REPRESENTATION DATED 29.9.2014 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P3: COPY OF THE LETTER NO.ACD B3/31205/HSE/14 DATED 30.10.2014 ISSUED BY THE 2ND RESPONDENT TO THE PRINCIPAL, CHATTANCHAL HSS - KASARAGOD.

EXT.P4: COPY OF THE ORDER NO.A4/4623/2014 DATED 17.11.2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P5: COPY OF THE REPRESENTATION DATED 22.12.2014 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P6: COPY OF THE REMINDER LETTER DATED 7.1.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P7: COPY OF THE COMMUNICATION NO.ACD.B3/31205/HSE/14 DATED 23.1.2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. RESPONDENTS EXHIBITS: NIL.

//TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.16132 OF 2015 (N) ----------------------------------- Dated this the 1st day of June, 2015

J U D G M E N T

The petitioner, who is presently working as Higher Secondary School Teacher (Physics), seeks appointment as the Principal of the School in preference to a rival claim put in by the 5th respondent. In connection with the said claim for appointment as Principal, the petitioner has preferred Exts.P2 and P5 representations before the 2nd respondent and the limited prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Exts.P2 and P5 representations within a stipulated period, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on

W.P.(C).No.16132/2015 Exts.P2 and P5 representations within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition as also a copy of this judgment before the 2nd respondent, for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE prp