The High Court of Kerala closed a writ petition challenging the vacancy notification process for High School Assistants. The judge held the rank list had expired and no further orders could be issued, and jurisdiction had shifted to the Administrative Tribunal.
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 DEVAN RAMACHANDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.429 OF 2011(C)
PETITIONER:
VIJAYAKUMAR C S/O.CHANDRASHEKHARA NAIR, AGED 41 YEARS, NANDANAM (VIJAYA SADANAM) P.O., CHAMUNDIKUNNU, HOSDURG TALUK, KASARAGOD DISTRICT 671 532. SRI.K.M.FIROZ SMT.M.SHAJNA
RESPONDENTS:
1 THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD, CIVIL STATION,, VIDYANAGAR, KASARGOD , 671 123.
4 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
5 THE KERALA PUBLIC SERVICE COMMISSION PATTAM, PATTAM PALACE P.O, TRIVANDRUM - 695 004,REPRESENTED BY ITS SECRETARY.
SRI. SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.429 OF 2011(C)
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JUDGMENT
Dated this the 11th day of January 2021
The petitioner has approached this Court seeking inter alia that respondents 1 to 4 be directed to report all vacancies of High School Assistants (English) in the Education Department in Kasaragod District, as expeditiously as is possible. The petitioner has approached this Court on the strength of Ext.P1 rank list and he, therefore, prays that respondents 5 and 6 be directed to issue advice memos.
However, as is ineluctable from Ext.P1 rank list, it has now expired and no further orders can be issued from this Court. That apart, after the operation of Kerala Administrative Tribunal has commenced, this Court would not obtain any competence to issue orders as prayed for by the petitioner.
This writ petition is, therefore, closed without any further orders.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
WP(C).No.429 OF 2011(C)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION ISSUED BY THE PUBLIC SERVICE COMMISSION IN CATEGORY NO.83/06. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE INFORMATION/COMMUNICATION ISSUED BY THE ASSISTANT IN CHARGE, GOVERNMENT HIGHER SECONDARY SCHOOL, ANGADIMOGAR DATED 06/09/2010. |
| EXHIBIT P3 | A TRUE COPY OF THE INFORMATION/COMMUNICATION ISSUED BY THE HEADMISTRESS GHS, UPPALA DATED 04/09/2010. |
| EXHIBIT P4 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMISTRESS GHSS, BETHURPARA DATED 03/09/2010. |
| EXHIBIT P5 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, BANDADKA DATED 06/09/2010. |
| EXHIBIT P6 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, BANGRA DATED 03/09/2010. |
| EXHIBIT P7 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, BALANTHODE DATED 02/09/2010. |
| EXHIBIT P8 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, UDINUR DATED 03/09/2010. |
| EXHIBIT P9 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, KUMBLA DATED 02/09/2010. |
| EXHIBIT P10 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, BELLURU DATED 04/09/2010. |
| EXHIBIT P11 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMISTRESS GHSS, PAIVALIKE DATED 06/09/2010. |
| EXHIBIT P12 | A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMISTRESS |
WP(C).No.429 OF 2011(C)
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GOVERNMENT FISHERIES HSS, PADNEKADAPPURAM DATED 03/09/2010. EXHIBIT P13 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEAD MASTER CHEMMADU GHSS, PARAVANADULAM DATED 06/09/2010. EXHIBIT P14 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER, GHSS, KOTTODY DATED 09/09/2010. EXHIBIT P15 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, UDUMA DATED 09/09/2010. EXHIBIT P16 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMASTER GHSS, KUVATHUR DATED 03/09/2010. EXHIBIT P17 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE HEADMISTRESS GHSS, PALLIKERA DATED 06/09/2010. EXHIBIT P18 A TRUE COPY OF THE INFORMATION / COMMUNICATION ISSUED BY THE PRINCIPAL, GOVERNMENT VHSS, MOGRAL DATED 03/09/2010.
2 issues framed by the court
Whether the petition for directing respondents to report vacancies in High School Assistants positions could be granted.
Whether the petitioner is competent to seek orders after the operation of Kerala Administrative Tribunal has commenced.
VIJAYAKUMAR C S/O.CHANDRASHEKHARA NAIR
THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD
THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DEO, KASARAGOD EDUCATION DISTRICT, KASARAGOD
THE STATE OF KERALA
THE KERALA PUBLIC SERVICE COMMISSION
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
