Dismissed

Breemi Thomas v. Smitha T.F.

Kerala HC4 Apr 2012WA/628/2012

Case brief

AI extract

What is this about?

This writ appeal challenges an order directing educational authorities to consider a petitioner's claim before approving the appellant's appointment in a promoted teacher post. The High Court dismissed the appeal, holding the direction was appropriate and nothing more was required for appeals at that stage.

What did the court decide?

The writ appeal was disposed of without granting any relief, as the impugned order was held to have no scope for further appeal.

Breemi Thomas Vs Smitha T.F. — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934 WA.No. 628 of 2012 () IN WPC/34166/2011 ---------------------------------------AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.34166/2011 DATED APPELLANT(S): ------------

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BREEMI THOMAS, AGED 30 YEARS D/O.THOMAS HIGHER SECONDARY SCHOOL TEACHER (JUNIOR)-MATHEMATICS HIGHER SECONDARY SCHOOL, ARIMBUR THRISSUR DISTRICT. BY ADVS.DR.GEORGE ABRAHAM SRI.LINDONS C.DAVIS

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RESPONDENT(S):

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SMITHA T.F. HIGH SCHOOL ASSISTANT, HIGHER SECONDARY SCHOOL ARIMBUR, RESIDING AT KULANGARA HOUSE, ERAVU P.O. THRISSUR 680620.

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THE DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM-695001.

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THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695001.

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THE REGIONAL DEPUTY DIRECTOR ERNAKULAM-682024.

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THE DEPUTY DIRECTOR OF EDUCATION THRISSUR-680020.

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THE DISTRICT EDUCATIONAL OFFICER THRISSUR-680020.

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HIGH SCHOOL AND HIGHER SECONDARY SCHOOL ARIMBUR, ST.THERESA'S SHIP CHURCH, ERAVU P.O. PIN 680020, REPRESENTED BY ITS MANAGER.

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BY GOVERNMENT PLEADER SRI. LIGU STEPHEN

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.628 OF 2012

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APPENDIX.

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ANNEXURE-A: COPY OF THE MINITUES OF THE SELECTION COMMITTEE MEETING HELD ON 6.12.2011.

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ANNEXURE-B: COPY OF THE ORDER ISSUED BY THE MANAGER APPOINTING THE APPELLANT.

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ANNEXURE-C: COPY OF THE JOINING REPORT OF THE APPELLANT.

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ANNEXURE-D: COPY OF THE COMMUNICATION ISSUED BY THE MANAGER TO THE REGIONAL DEPUTY DIRECTOR.

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// TRUE COPY //

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P.S. TO JUDGE.

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C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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Writ Appeal No. 628 of 2012

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Dated this the 4^th day of April, 2012

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JUDGMENT

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Ramachandran Nair, J.

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The judgment under appeal is one issued in a Writ Petition filed by a person claiming to be sole High School Assistant eligible for promotion as Higher Secondary School Teacher (Mathematics) in the 25% quota reserved for High School Assistants. The management appointed appellant as teacher in the post that arose to be filled from promoted teachers of school, which was challenged by the Writ Petitioner. The learned Single Judge took into consideration the contention of the Writ Petition and disposed of the case at the admission stage directing the educational authorities concerned while considering the claim for approval of the appellant in the post of Higher Secondary School Teacher to consider eligibility and relative superior claim of the

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[W.A.No.628/12] 2

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petitioner in the Writ Petition and decide the matter.

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We do not think, there is any scope for appeal in this case because the relief granted is such that the educational authorities while considering approval of appointment of the appellant should take into account the claim made by the petitioner and if she has superior claim, necessarily appellant will have to yield or otherwise appellant's appointment will get regularised. We dispose of this Writ Appeal clarifying the position that the Writ Petitioner and the Appellant should be heard on all the contentions raised by them about their relative claims and merit in the matter in the light of the relevant rules explained in the decision of this Court or of the Supreme Court.

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Sd/-

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C.N. RAMACHANDRAN NAIR, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE.

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krs.

Breemi Thomas v. Smitha T.F.

Case brief

What is this about?

What did the court decide?

Breemi Thomas v. Smitha T.F.

Case brief

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