Petitioner seeking approval of appointment in an aided school. Court avoided merit due to limited prayer, directing the Secretary to decide Ext. P4 within four months after giving affected parties a hearing.
Direction to Respondent No.1 to consider Ext. P4 strictly on merit and pass orders within four months after hearing affected parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER
FRIDAY, THE 3RD NOVEMBER 2006 / 12TH KARTHIKA 1928
WP(C).No. 28837 of 2006(G)
PETITIONER:
TELSON THOMAS, S/O.THOMAS K.T. (NOW PROMOTED AS CLERK OF H.S.S.), ST.LITTLE TERESA'S GIRLS HIGHER SECONDARY SCHOOL, VAIKOM-686 142.
BY ADV. SRI.BENOY THOMAS SRI.SAJI ABRAHAM
RESPONDENTS:
BY GOVT. PLEADER SRI.A.J.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.K.BASHEER, J.
----------------------------------------------W.P.(C) No. 28837 OF 2006 ------------------------------------------------Dated this the 3rd day of November, 2006
JUDGMENT
Petitioner who is working as a Lower Division Clerk in an aided Higher Secondary School has a grievance that his appointment is not being approved by the 2nd respondent. Any how, I do not propose to deal with the merit of the contentions raised by the petitioner in view of the limited prayer made by the learned counsel at the Bar. It is submitted that the petitioner has preferred Ext. P4 representation highlighting the relevant aspects of the issue. It is also submitted that petitioner will be satisfied if an appropriate direction is issued to respondent No.1 to consider and pass orders on Ext.P4 representation without any further delay.
WPC28837/2006 2
months from the date of receipt of a copy of this judgment. Needless to mention that petitioner, the manager of the School and other candidate who are likely to be affected by the order that may be passed by respondent No.1 shall be afforded sufficient opportunity to be heard before a decision is taken in the matter.
The writ petition is disposed of in the above terms.
A.K. BASHEER, JUDGE
csl
Telson Thomas
State of Kerala, represented by the Secretary, General Education Department
A.K. Basheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
