The High Court dismissed an appeal against the dismissal of a writ petition challenging a school teacher's selection. The court held that no prejudice was caused by the committee's composition and that selecting a senior teacher was not illegal.
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.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WA.No. 2899 of 2007() --------------------AGAINST THE JUDGEMENT/ORDER IN OP.25872/2000 Dated 06/10/2006 ....................
APPELLANT(S): PETITIONER IN THE WPC
----------------------------------MINI THOMAS, HIGH SCHOOL ASSISTANT (MALAYALAM), ST.MARY'S GIRLS HIGH SCHOOL, MUTTOM, CHERTHALA.
BY ADV. SRI.V.P.SUKUMAR
RESPONDENT(S): RESPONDENTS IN THE WPC
ADV. SRI.V.M.KURIAN FOR R1, SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1
SRI.KURIAN ANTONY EDASSERY FOR R.4, SMT.ANN EMIL JOSEPH FOR R.4 SRI.MICHAEL POOVATHANY FOR R.4
GP SMT.R.BINDU FOR R2 AND R3 SRI.R.KRISHNA RAJ, FOR R5
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ.
WA No.2899 of 2007-E -----------------------------------------------------------------Dated 20th October 2009
Judgment
Balakrishnan Nair, J.
The writ petitioner is the appellant. The brief facts of the case are the following :
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learned Single Judge prima facie accepted the said contention and by way of an interim order, directed the Manager to constitute a proper committee in terms of Ext.P3 and make a fresh selection. A fresh selection was made by a newly constituted Committee, in which the Regional Deputy Director of Higher Secondary Education, Ernakulam was the Government nominee. The said committee also selected the 4th respondent. The learned Single Judge, after hearing both sides, finally dismissed the Writ Petition. Hence this appeal.
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preference to the 4th respondent, who is admittedly an HSA (Malayalam). Normally, in these types of selections, the persons in the higher grade will be preferred first and only in their absence, persons in the lower grade will be considered. Such selection will be in the interest of senior teachers also. When HSAs are available, if persons in the lower grade are selected, the same is sure to demoralise the High School teachers and the Manager will be accused of having selected persons of his choice. So, we find nothing illegal or irregular about the selection of the 4th respondent in preference to the appellant, who is only a UPSA. Therefore, no grounds are made out to interfere with the judgment under appeal. Accordingly, the appeal is dismissed.
K.BALAKRISHNAN NAIR, JUDGE
P.BHAVADASAN, JUDGE
sta
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3 issues framed by the court
Whether the presence of the Regional Deputy Director of Higher Secondary Education, Ernakulam in the second selection committee invalidated the selection process given the school was outside his juris
Whether the appellant has established any prejudice due to the irregularities alleged in the selection committee's constitution.
Whether the preferential selection of a higher-grade teacher (HSA) over an upper-primary teacher (UPSA) was illegal.
Mini Thomas
The Manager, Corporate Management of Holy Family Higher Secondary School and St. Mary's Girls High School, Muttom, Cherthala
The Director of Higher Secondary Education, Housing Board Buildings, Santhi Nagar, Thiruvananthapuram
K.Balakrishnan Nair
P.Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
