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.
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C.M.APPL.No.158 OF 2008 &
R.P.NO.355 OF 2008
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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