IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9819 of 2009(V)
1. RAMESH.A, PHYSICAL EDUCATION TEACHER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. DIRECTOR OF PUBLIC INSTITUTION
3. DEPUTY DIRECTOR OF EDUCATION
4. HEADMISTRESS
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.9819 of 2009 -V
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Dated this the 26th day of March, 2009.
J U D G M E N T
Heard Sri.M.Balagovindan, the learned Counsel appearing for
the petitioner and Sri.A.J.Varghese, the learned Government Pleader
appearing for respondents.
2. The petitioner is presently working as Physical Education
Teacher. He was advised for appointment by the Kerala Public
Service Commission, on 22.10.1999 and appointed by Ext.P2
Government order dated 7.1.2002. According to the petitioner he
possesses the qualifications prescribed for the post of HSA (English)
also. Claiming promotion as HSA (English), he moved the Deputy
Director of Education in Ext.P5 representation. The said request
was rejected by Ext.P6 letter dated 22.1.2009. In this writ petition
the petitioner challenges Ext.P6 and seeks a writ in the nature of
mandamus commanding the Director of Public Instruction to
appoint him as HSA (English).
3. The petitioner’s request for appointment as HSA
(English) was rejected by the Deputy Director of Education. The
petitioner has straight away moved this Court challenging Ext.P6
W.P(C) No.9819 of 2009 -V 2
without moving the higher authorities namely the Director of Public
Instruction and the Government. In my opinion the petitioner ought
to have moved the Director of Public Instruction or the Government
seeking their intervention. I am therefore not inclined to entertain
this writ petition at this stage. I accordingly dispose of this writ
petition with the following directions.
The petitioner shall within one month from today file
appropriate representation before the Secretary to Government,
General Education Department setting out his claims and
contentions. The Secretary to Government, General Education
Department shall within three months thereafter consider the said
representation and take a decision thereon in the light of the
relevant rules and the Government orders governing the field. The
Government shall also afford the petitioner a reasonable
opportunity of being heard before taking a decision in the matter.
The writ petition is disposed of as above.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab
W.P(C) No.9819 of 2009 -V 3