Dismissed

P.G.Sushama v. K.B.Ajithakumar

Kerala HC21 Feb 2012WA/255/2012

Case brief

AI extract

What is this about?

A two-judge Division Bench allowed an appeal filed by P.G. Sushama and T. Premlal, Principals (non-Special Grade), challenging the Single Judge's order that declared qualified Special Grade Principals eligible for posting at Special Grade Government Colleges. The bench dismissed the appeals.

What did the court decide?

Writ Appeals against the order declaring the eligibility of special grade principals for posting are dismissed.

P.G.Sushama Vs K.B.Ajithakumar — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933

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WA.No. 255 of 2012 () IN WPC/24007/2011

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AGAINST THE ORDER/JUDGMENT IN WPC.24007/2011 DATED 16-12-2011

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APPELLANT/3RD RESPONDENT:

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P.G.SUSHAMA, PRINCIPAL, GOVERNMENT WOMEN'S COLLEGE, THIRUVANANTHAPURAM.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH

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RESPONDENT(S)/PETITIONERS:

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1. K.B.AJITHAKUMAR,PRINCIPAL (SPECIAL GRADE),

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KERALA COLLEGIATE EDUCATION SERVICE,

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RESIDING AT CHAITHRAM, THAMPURAM NAGAR,

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SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695 010.

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2. S.VALSALAKUMARI, PRINCIPAL (SPECIAL GRADE),

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KERALA COLLEGIATE EDUCATION SERVICE, RESIDING AT 6/182(9) P.K.P.ROAD, VATTIYOORKAVU,

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THIRUVANANTHAPURAM-695 013

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3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL

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SECRETARY TO GOVERNMENT,

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HIGHER EDUCATION SERVICE, THIRUVANANTHAPURAM-695 001

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4. THE DIRECTOR OF COLLEGIATE EDUCATION,

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OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION SERVICE, THIRUVANANTHAPURAM-695 001

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5. T.PREMLAL, PRINCIPAL, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM.PIN-695 001

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R1 & R2 BY ADV.SRI.P.C.SASIDHARAN R3 & R4 BY GOVERNMENT PLEADER SRI.LIJU STEPHEN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-02-2012,ALONG WITH W.A.NO.273 OF 2012 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

W.A.NO.255/2012

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEX A1	COPY OF THE ORDER DATED 31/1/2012 IN R.P.NO.37/2012 OF THIS HON'BLE COURT.
ANNEX A2	COPY OF THE ORDER DATED 9/4/10 ISSUED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT.
ANNEX A3	COPY OF THE ORDER DATED 28/9/2011 ISSUED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

C.N. RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ. -----------------------------------------------------------W.A. Nos. 255 and 273 of 2012

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Dated this the 21^st day of February, 2012

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JUDGMENT

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Ramachandran Nair, J:

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Both the connected Writ Appeals are filed by respondents 3 and 4 in the Writ Petitions challenging the judgment of the learned Single Judge, declaring the eligibility of respondents 1 and 2 in both the Writ Appeals, for being considered for posting as Principals (Special Grade) of Government University College, Thiruvananthapuram and Government Women's College, Thiruvananthapuram. We have heard counsel appearing for the appellants and counsel appearing for respondents 1 and 2 and also Government Pleader for remaining respondents.

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After hearing both the parties, we do not find any merit in

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the contentions raised by appellants. The post claimed by respondents 1 and 2 in the Writ Appeals is the post of Principal in the two Special Grade Government Colleges viz. the University College and the Government Women's College, Thiruvananthapuram. The rival claims of the respondents is that the appellants were not eligible for appointment as Principals of

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[W.A.No.255 &273/2012] 2

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these two Colleges because these Colleges, being Special Grade Colleges, should have Principals in the rank of Special Grade, which the appellants are not. Appellants have no case that they are Special Grade Principals and are seniors to respondents 1 and 2. We do not find any merit in the case because as on the date vacancy arose, both the appellants were holding the post of Principal and respondents 1 and 2 were qualified persons, who are senior Principals holding the rank of Special Grade Principal. The learned Single Judge rightly held that respondents 1 and 2 shall be given posting as Special Grade Principals in the University College, Thiruvananthapuram and Government Women's College, Thiruvananthapuram. We do not find any ground in the challenge against the said judgment by persons who claimed posting as Principal in the Special Grade Colleges to which they are not qualified.

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Writ Appeals are consequently dismissed.

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Sd/-

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C.N. RAMACHANDRAN NAIR,

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JUDGE

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Sd/-

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BABU MATHEW P. JOSEPH, JUDGE.

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krs.

P.G.Sushama v. K.B.Ajithakumar

Case brief

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P.G.Sushama v. K.B.Ajithakumar

Case brief

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What the court decided

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