This writ petition filed by Headmasters sought a declaration and direction to prefer them over other categories for promotion to Higher Secondary School Teachers under department quota. The Court held that rule-making is the exclusive domain of the Government and cannot be interfered with via writ. The petition was dismissed.
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 C.T.RAVIKUMAR
WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932
WP(C).No. 10869 of 2010(G)
PETITIONER(S):
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S):
GOVT.PLEADER SRI.DILIP MOHAN R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.T. RAVIKUMAR, J.
W.P.(C). NO.10869 OF 2010
Dated this the 2nd day of June, 2010
JUDGMENT
The petitioners are Headmasters working in Government Primary Schools. This Writ Petition has been filed mainly with the prayer to declare that the qualified Headmasters of Government Primary Schools are to be preferred first for promotion to the post of Higher Secondary School Teachers under the department quota and only in their absence, preference can be given to High School Assistants and other categories. The further prayer is for a direction to the respondents to amend the rules suitably ensuring first preference to the Headmasters of the Government Primary Schools in the matter of promotion to H.S.S.T under Department quota.
W.P.(C) NO.10869/2010
2
2008(9) SCC 242 , this Writ Petition is liable to be dismissed. This Court cannot issue the declaration or direction sought for by the petitioner in this
Writ Petition. There is no merit in this Writ Petition. Accordingly, it is dismissed.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.10869/2010
3
C.T. RAVIKUMAR, J.
W.P.(C). NO. /2010
JUDGMENT
June, 2010
3 issues framed by the court
Whether the Court can issue a declaration or direction to the Government to amend rules regarding preference of Headmasters for promotion to Higher Secondary School Teachers.
Whether matters relating to addition or deletion of categories in appointment to a post fall within the domain of the Government.
Whether a Writ of Mandamus can be issued to a rule making authority to frame or amend rules.
Colour shows how this judgement treated each authority
George M.I v. High Court of Kerala & orsReferred¶24
ILR 2010(2) Kerala 213 · Who else cites this
Union of India v. Pushpa RaniReferred¶24
2008(9) SCC 242 · Who else cites this
ARAVINDAKSHAN ADIYODI P.K. AND ANR.
STATE REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION AND ORS.
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
