High Court Kerala High Court

C.M.Bindu vs State Of Kerala on 25 March, 2008

Kerala High Court
C.M.Bindu vs State Of Kerala on 25 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 355 of 2008(L)



1. C.M.BINDU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :25/03/2008

 O R D E R
                        S. SIRI JAGAN, J.
                 ------------------------------------
                  C.M.APPL.No.158 OF 2008 &
                      R.P.NO.355 OF 2008
               ----------------------------------------
                Dated this the 25th day of March, 2008

                              ORDER

The petitioner in the writ petition has filed this review

petition with the C.M. application to condone delay in filing the

same. By the impugned judgment, I dismissed the original

petition holding that in view of Rule 37 of Chapter XIVA of the

Kerala Education Rules the 6th respondent has to be preferred to

the petitioner for appointment on the basis of age.

2. The petitioner now seeks review of the same on the

ground that since the 6th respondent did not know malayalam,

she having been educated outside the State, she was not eligible

to be appointed as HSA. Although such a contention was raised

in the writ petition, the same was never argued at the time of

hearing. In any event, the Government had in Ext.P8 order has

specifically referred to the fact that according to the 6th

respondent, she is able to teach and speak in malayalam. The

petitioner relies on Exts.P11 and P12 judgments, wherein it was

C.M.Appl.No.158/08 & R.P.355/08 2

held that knowledge of regional language is necessary. But

from Exts.P11 and P12 judgments, I find that those judgments

related to a case in respect of appointment to the post of

LPSA/UPSA, in respect of which there was a Government order

which insisted on knowledge of the regional language for the

purpose of appointment. Such a Government order is absent

in this case and therefore, Exts.P11 and P12 judgments cannot

be relied upon by the petitioner in this case. Further the

recruitment rules also do not stipulate any such conditions.

Therefore, I do not find any merit in either the petition to

condone the delay or the review petition. Both are dismissed.

S. SIRI JAGAN, JUDGE

Acd

C.M.Appl.No.158/08 & R.P.355/08 3