High Court Kerala High Court

Priya Jacob vs State Of Kerala on 21 January, 2010

Kerala High Court
Priya Jacob vs State Of Kerala on 21 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21401 of 2006(W)


1. PRIYA JACOB,
                      ...  Petitioner
2. ANNAMMA ZACHARIAH,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DIRECTOR OF HSE, HOUSING BOARD

3. THE CORPORATE MANAGER,

4. NANCY VARGHESE,

5. JACOB JOHN, HSST CATHOLICATE HSS

                For Petitioner  :SRI.KURIAN GEORGE KANNAMTHANAM (SR.)

                For Respondent  :SRI.V.PHILIP MATHEW

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/01/2010

 O R D E R
                    ANTONY DOMINIC, J
                         .......................
            W.P.(C)s.21401, 21620 & 21474 of 2006
                         .......................
            Dated this the 21st day of January, 2010

                          JUDGMENT

In these writ petitions, petitioners are seeking to challenge

the order passed by the Director of Higher Secondary Education,

a copy of which is marked as Ext.P7 in W.P.(C).21620/2006. In

view of the subsequent developments, the order has lost its

relevance and a decision on the merits of the controversy is not

necessary.

2. Facts of the case are that the petitioners in these cases,

seven in number, who were working as Higher Secondary School

Teachers, were promoted and appointed as Principal of Higher

Secondary Schools. The same was challenged by respondents 4

and 5 in W.P.(C).21620/2006, who are also parties in the other

cases. The Director of Higher Secondary Education set aside the

orders of promotion and directed fresh selection. It is this order

which is under challenge.

3. During the pendency of these writ petitions, the rule

governing appointment to the post of Principal itself has been

amended with effect from 6.1.2006. Applying the rule as

W.P.(C).21401/06 & Connected Cases
2

amended, the Manager has promoted the petitioners herein and

posted them as Principals which has also been approved as per

Ext.R3(a) to E3(c) in W.P.(C).21620/2006 and similar orders

have been passed in the case of other petitioners.

4. As far as respondents 4 and 5 in W.P.(C).21620/2006 at

whose instance the impugned orders were issued, are

concerned, the 4th respondent admittedly is unqualified and

hence can have no grievance. Insofar as the 5th respondent is

concerned, an understanding has been arrived at between

himself and the Manager that in the next arising vacancy, he

will be accommodated. This arrangement has been accepted by

the 5th respondent also.

5. In view of the above, these writ petitions are closed but

however quashing Ext.P7 order in W.P.(C).21620/2006, referred

to above.

6. It is clarified that this Court has not expressed anything on

merits on the contentions of either of the parties.

ANTONY DOMINIC,
Judge
mrcs