Najumunnisa.I vs State Of Kerala
2021 Latest Caselaw 14429 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

                             WP(C) NO. 8567 OF 2021

PETITIONER:

               NAJUMUNNISA.I
               AGED 49 YEARS
               W/O. M.A.NOUSHAD, PRINCIPAL-IN-CHARGE, THADICADU HIGHER
               SECONDARY SCHOOL, THADICADU P.O., KOLLAM-691306, RESIDING AT
               SANA, NEAR WEST H.S.S., ANCHAL, ANCHAL P.O., KOLLAM.

               BY ADV B.MOHANLAL



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER
               EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2         THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
               SANTHI NAGAR, HOUSING BOARD BUILDINGS,
               THIRUVANANTHAPURAM-695001.

     3         THE REGIONAL DIRECTOR,
               HIGHER SECONDARY EDUCATION, IV FLOOR, CORPORATION BUILDING,
               PALAYAM, THIRUVANANTHAPURAM-691033.

     4         THE MANAGER,
               THADICADU HIGHER SECONDARY SCHOOL, THADICADU P.O., ANCHAL,
               KOLLAM-691306.

               BY ADV SRI.N.UNNIKRISHNAN



OTHER PRESENT:

               SRI. P.M.MANOJ - SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8567 OF 2021

                                   2




                            JUDGMENT

The petitioner has approached this Court seeking that the 4 th

respondent be directed to implement Ext.P9 order issued by the 3 rd

respondent and to prepare a seniority list of Higher Secondary

School Teachers, thus leading to her appointment/promotion to the

post of Principal of "Thadicadu Higher Secondary School" - of which

the 4th respondent is the Manager.

2. Even though Sri.B.Mohan Lal, learned counsel for the

petitioner, made submissions in tune with the afore prayer,

Sri.N.Unnikrishnan, learned counsel appearing for respondent No.4

- Manager, submitted that another Teacher by name, Smt.Saleena J,

has already approached this Court by filing W.P.(C)No.9365/2021,

assailing Ext.P9 order in this case - which had been produced as

Ext.P19 therein - and that a judgment has been delivered by a

learned Single Judge of this Court, directing her representation

against the said order, namely Ext.P21 therein, to be considered by

the competent Authority, after hearing the petitioner herein also.

Sri.Unnikrishnan pointed out that the petitioner herein was arrayed

as respondent No.6 in W.P.(C)No.9365/2021. He, therefore, prayed WP(C) NO. 8567 OF 2021

that this writ petition be dismissed.

3. The afore submissions of Sri.Unnikrishnan certainly now

incapacitate this Court from proceeding further with this writ

petition because the order, which is now sought to be implemented

by the petitioner herein, has been challenged by another teacher

namely, Smt.Saleena J., in W.P.(C)No.9365/2021; and the said writ

petition has been disposed of directing the Director of General

Education to consider her representation against the said order,

namely Ext.P21 produced therein. During the said process, the

petitioner herein has also been directed to be heard.

4. However, it must be borne in mind that the petitioner

herein would not have been aware of the aforementioned judgment,

since this Court had disposed of W.P.(C)No.9365/21 at the stage of

admission itself and I, therefore, cannot find fault with her in having

approached this Court through this writ petition.

5. That said, as long as Ext.P9 order has been assailed by

another teacher and same is now pending before the Director of

General Education on account of the judgment of this Court in W.P.

(C)No.9365/2021, no relief can be granted to the petitioner for

implementation of the said order at this stage. WP(C) NO. 8567 OF 2021

In the afore circumstances, I close this writ petition in view of

the directions in the judgment in W.P.(C)No.9365/2021; however,

leaving full liberty to the petitioner to approach this Court again, as

and when it becomes warranted in future.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 8567 OF 2021

APPENDIX OF WP(C) 8567/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.ACD.B3/1927/HSE/01 DATED 7.3.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE SENIORITY LIST PUBLISHED BY THE 4TH RESPONDENT WITH EFFECT FROM 1.6.2019 IN THE 4TH RESPONDENT AIDED MANAGEMENT SCHOOL.

EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.TRO-07/4462/HSE/2019 DATED 26.6.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 14.8.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE REMINDER DATED 2.9.2019 OF EXT.P4 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 1.10.2019 SENT BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE APPLICATION DATED 4.10.2019 SENT BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 9.7.2020 IN WP(C) NO.13759/2020 OF THIS HON'BLE COURT.

EXHIBIT P9 THE TRUE COPY OF THE ORDER NO.T.R.O.-

7/3654/2020/H.S.E. DATED 1.2.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P10 THE TRUE COPY OF THE APPLICATION DATED 25.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AND ITS POSTAL RECEIPT.