IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2646 of 2007(M)
1. MADHAVAN A.V., AGED 44 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTIONS,
3. ADDITIONAL DIRECTOR OF
4. M.V. MOHANAN,
5. SUNNY K.M.,
6. V. MOHANACHANDRAN,
7. KRISHNAKUMAR P.V.,
8. GOURI P.K.,
9. KESAVAN POTTY,
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :07/02/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO.2646 of 2007
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Dated this the 7th day of February, 2007
JUDGMENT
The petitioner is working as Senior Lecturer in the Planning
and Management department of DIET. The Director of Public
Instructions has published the final seniority list of Principals,
DIET as per order dated 25.11.2006. The petitioner has serious
objections against the seniority list referred to above. He has
filed Ext.P5 appeal before the first respondent requesting to
consider his objections and to reassign the rank assigned to him
and to place him above respondents 4 to 9. The petitioner
submits that the select list prepared pursuant to Ext.P1
notification can have life for a maximum period of three years
and that no valid appointment can be made from that list after
the expiry of the period of three years.
2. Heard both sides. Ext.P5 appeal is one filed in terms of
Rule 27B of KS & SSR. The first respondent has got a duty to
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consider the same on merits and to take decision in accordance
with law. Hence, the first respondent is directed to issue notice to
the petitioner and respondents 4 to 9, afford them an opportunity
of being heard and pass orders disposing of Ext.P5 appeal, as
early as possible, in any event, within two months from the date
of receipt of a copy of the judgment. Respondents 1 to 3 are
directed not to operate the select list, if any, published pursuant
to Ext.P1 notification, since the same has crossed the maximum
time limit prescribed for its validity.
The petitioner shall produce a copy of the judgment and a
copy of the writ petition before the first respondent for
information and compliance.
K.K.DENESAN, JUDGE
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