The High Court held that the writ petition filed by a qualified teacher seeking an injunction against appointing a new candidate to an unoccupied post was premature. The court closed the petition without hearing, noting no appointment had been made to override the petitioner's claim.
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 K.T.SANKARAN
TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930
WP(C).No. 18032 of 2008(V)
--------------------------
PETITIONER:
JAYANTHI T., D/O.K.PARAMESWARA MENON, AGED 39, H.S.S.T. MATHS (Jr.) B.E.M.H.S.S., PALAKKAD, THIRUMBADY ESTATE, P.O.MUKKAM, KOZHIKODE 673 602.
BY ADV. SRI.SRINATH GIRISH
RESPONDENTS:
ADDITIONAL 4TH RESPONDENT:
THE REGIONAL DEPUTY DIRECTOR, REGIONAL HIGHER SECONDARY' DIRECTORATE, EDAPPALLY, ERNAKULAM.
(ADDL.4TH RESPONDENT IS IMPLEADED VIDE ORDER DATED 24.6.2008 IN IA NO.8036/2008)
BY G.P. SHRI A.J.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T. SANKARAN,J.
W.P.(C) No.18032 of 2008 V -------------------------------------Dated this the 24th day of June, 2008.
J U D G M E N T
The petitioner is working as HSST (Maths) (Junior) at B.E.M. Higher Secondary School, Palakkad. According to the petitioner, she is fully qualified to the post of HSST (Mathematics). Reference is made to Ext.P4 advertisement in the Newspaper, calling for applications for selection to the post of HSST(Mathematics) and other posts. The contention of the petitioner is that the third respondent Manager cannot overlook the claim of the petitioner to be posted as HSST(Mathematics) and call for applications to the said post. The petitioner submitted Ext.P5 representation dated 7.6.2008 to the Manager. She has also submitted Ext.P6 representation dated 13.6.2008 to the Regional Deputy Director, Regional Higher Secondary Directorate, Edappally, Ernakulam.
following:-
“(a) Declare that the third respondent is not entitled to make any appointment to the post of HSST,
WP(C) No.18032/2008
2
Mathematics, overlooking the claim and right of the petitioner to the said post pursuant to Ext.P4;
(b) Call for the records leading up to Exhibit P4 and to quash the same inasmuch as it relates to appointment of HSST, Maths by issuing a writ in the nature of certiorari or any other appropriate writ, order or direction;
(c) Issue a writ in the nature of mandamus or any other writ, order or direction to the 2nd respondent to forbear from approving of any appointment to the post of HSST, Maths, by the third respondent pursuant to Ext.P4; and
(d) Grant such other or further relief as this Hon'ble Court deems fit to grant in the particular facts and circumstances of the case.”
view that the Writ Petition is premature. The Manager has not appointed anybody overlooking the claim of the petitioner. The petitioner can always approach the Educational Authorities. A Writ Petition at this stage cannot be
WP(C) No.18032/2008
3
entertained. Leaving open the right of the petitioner to approach the Educational Authorities and also to move this Court at the appropriate stage, the Writ Petition is closed.
K.T. SANKARAN, JUDGE.
cks
2 issues framed by the court
Whether a writ petition regarding appointment to an unoccupied post is maintainable when no appointment has been made yet.
Whether the petitioner can claim a right to a post while it remains vacant.
JAYANTHI T.
STATE OF KERALA
THE DIRECTOR OF HIGHER SECONDARY EDUCATION
THE CORPORATE MANAGER, CSI DIOCESAN SCHOOLS
THE REGIONAL DEPUTY DIRECTOR
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
