Sreekumar K.R. vs State Of Kerala
2021 Latest Caselaw 1066 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                      WP(C).No.21404 OF 2011(A)


PETITIONER:

               SREEKUMAR K.R., AGED 49 YEARS,
               S/O.LATE RAMAKRISHNA PILLAI,, MANAGER,JOHN F KENNEDY
               MEMORIAL VHS SCHOOL, AYANIVELIKULANGARA,
               KARUNAGAPALLY,, KOLLAM DISTRICT-690573

               BY ADV. SRI.V.PHILIP MATHEW

RESPONDENTS:

      1        STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL
               EDUCATION DEPARTMENT, KERALA GOVERNMENT SECRETARIAT,,
               THIRUVANANTHAPURAM-695001

      2        THE DIRECTOR OF PUBLIC INSTRUCTION
               O/O.THE DIRECTOR OF PUBLIC INSTRUCTION,,
               THIRUVANANTHAPURAM-695001

      3        THE DIRECTOR OF VOCATIONAL HIGHER
               SECONDARY EDUCATION,, DIRECTORATE OF VOCATIONAL
               HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,
               THIRUVANANTHAPURAM-695001

      4        THE ASST.DIRECTOR OF VOCATIONAL
               HIGHER SECONDARY EDUCATION,, REGIONAL OFFICE OF
               VOCATIONAL HIGHER SECONDARY EDUCATION,KOLLAM-691001

               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21404 OF 2011(A)

                                       2


                                 JUDGMENT

Dated this the 12th day of January 2021

The petitioner has approached this Court as early as in

the year 2011 seeking directions to be issued to respondents 3

and 4 to permit him to cancel the selection process based on

Ext.P2 notification and to permit him to conduct a fresh

process, for making appointment to the post of Vocational

Teacher in Computer Science in John F.Kennedy Memorial

Vocational Higher Secondary School, Kollam.

2. I notice that this matter has been pending on the files

of this Court for the last more than nine years and that a

learned Judge of this Court had passed an order on 22.09.2011

to the following effect:

"Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner prays that the third respondent may be directed to take a decision on Ext.P10 representation.

2. It is a case where the petitioner is seeking permission for notifying the vacancies of Vocational Teacher in Computer Science and Non Vocational Teacher in English in the said representation. It is pointed out that even though the third respondent by Ext.P5 directed the petitioner to appoint one Smt.Beena Thankappan as Vocational Teacher in Computer Science, the same has not been effected so far and the petitioner is seeking for modification of the same also.

3. It is upto the third respondent to take a decision in the matter in accordance with the Rules. Therefore, there will be a direction to the third respondent to consider the representation Ext.P10 in accordance with WP(C).No.21404 OF 2011(A)

the Rules or Executive Orders in the matter and communicate the decision to the petitioner within a period of two months from the date of receipt of a copy of this Interim Order. The petitioner will produce a copy of this Interim Order before the third respondent for compliance."

3. Even though Ext.P10 was so directed to be decided,

nothing has been placed on record as to the developments

subsequently.

4. As I have indicated above, this writ petition has been

filed more than nine years ago and I am certain that, therefore,

by efflux of time, the prayers of the petitioner have now

become incapable of being granted at this point of time.

In the afore circumstances, I close this writ petition

without entering into any of the contentions of the petitioner

and leaving it all open to be pursued by him, if it is so

necessary in future.

                                          Sd/- DEVAN RAMACHANDRAN

    Stu                                            JUDGE
 WP(C).No.21404 OF 2011(A)




                               APPENDIX
    PETITIONER'S EXHIBITS:

    EXHIBIT P1         COPY OF THE LETTER DATED 22/09/2008 ISSUED
                       BY THE 3RD RESPONDENT.

    EXHIBIT P2         COPY OF THE NOTIFICATION INVITING
                       APPLICATION.

    EXHIBIT P3         COPY OF THE LETTER DATED 01/01/2009 ISSUED
                       BY THE 3RD RESPONDENT.

    EXHIBIT P4         COPY OF THE STATEMENT OF MARKS AWARDED BY

THE SELECTION COMMITTEE FOR THE INTERVIEW.

EXHIBIT P5 COPY OF THE LETTER DATED 21/05/2009 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER INFORMING THE SELECTION OF 4TH RESPONDENT.

EXHIBIT P6 COPY OF THE REPRESENTATION DATED 01/12/2009 SEND BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P7 COPY OF THE LETTER DATED 09/02/2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 COPY OF THE REPRESENTATION DATED 05/04/2010 SEND BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P9 COPY OF THE REPRESENTATION DATED 27/07/2010 SEND BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P10 COPY OF THE REPRESENTATION DATED 16/04/2011 SEND BY THE PETITIONER TO THE 3RD RESPONDENT.