Dennis Saviour Akkara vs State Of Kerala
2024 Latest Caselaw 17521 Ker

Kerala High Court

Dennis Saviour Akkara vs State Of Kerala on 21 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                        WP(C) NO. 8309 OF 2018
PETITIONER:

            DENNIS SAVIOUR AKKARA,
            HIGH SCHOOL TEACHER, SAINT AGUSTIN'S HIGH SCHOOL,
            KUTTANELLUR, KUTTANELLUR P.O., THRISSUR DISTRICT.

            BY ADVS.
            SRI.A.S.DHEERAJ
            SRI.P.V.JEEVESH


RESPONDENTS:

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

    2       THE DIRECTOR OF PUBLIC INSTRUCTIONS
            JAGATHY, THIRUVANANTHAPURAM-695014.

    3       THE DEPUTY DIRECTOR OF EDUCATION THRISSUR
            AYYANTHOL, THRISSUR DISTRICT-680003.

    4       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT-A, SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    5       THE UNIVERSITY OF KANNUR
            REP. BY ITS REGISTRAR, THAVAKKARA, CIVIL STATION P.O.,
            KANNUR-670002.

    6       THE MANAGER ST.AUGUSTINES HIGH SCHOOL,
            KUTTANELLUR, THRISSUR DISTRICT-680014.

    7       C.D.OUSEPH
            S/O.DEVASY, AGED 54 YEARS, HEAD MASTER, ST.AUGUSTINE'S
            HIGH SCHOOL,KUTTANELLUR, THRISSUR DISTRICT-680014.

            BY ADVS.
            I.V.PRAMOD
            SRI.V.A.MUHAMMED
 WP(C) NO. 8309 OF 2018         -2-



            SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
            SRI.M.SAJJAD
            SRI. BINOY DAVIS, GOVERNMENT PLEADER


     THIS    WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 8309 OF 2018      -3-



                         JUDGMENT

The present writ petition is filed challenging Ext.P1

approval of the appointment granted to the seventh

respondent as Head Master under the sixth respondent

Management. The petitioner contends that the seventh

respondent is not qualified and on a contrary that the

petitioner was qualified and therefore the action of sixth

respondent in refusing to appoint the petitioner as the

Head Master of sixth respondent school is illegal. In the

writ petition it is not clear as to whether the petitioner

has moved the department authorities against the non-

appointment as Head Master. The approval granted by

the first respondent to the seventh respondent had

worked itself out especially when the seventh respondent

continued in service and retired as the Headmaster.

2. When the writ petition is taken up for

consideration today, the learned counsel for the seventh

respondent submitted that the petitioner was

subsequently appointed as HSST and therefore he is

continuing as such. If that be so, the petitioner cannot

aspire to be appointed as a Head Master under the sixth

respondent school.

3. The writ petition was once disposed of by this

Court by judgment dated 09.11.2018 and the same was

recalled by order dated 31.01.2019 in R.P.No.1077 of

2018 at the instance of the seventh respondent.

The essential dispute being the qualification of the

seventh respondent qua the petitioner for appointment

as headmaster, the decision on the relative merit, need

not be gone into by this court at this point of time

because admittedly the seventh respondent continued in

service as a Head Master and retired from service.

Therefore, the challenge to Ext.P1 is declined. Writ

petition is closed.

Sd/-

                                  EASWARAN S.
VV                                  JUDGE




                APPENDIX OF WP(C) 8309/2018

PETITIONER EXHIBITS

EXHIBIT P1        THE TRUE COPY OF THE ORDER DATED 17-3-

2017 CONFIRMING THE APPOINTMENT OF 7TH RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE WRITTEN ANSWER BY THE RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20-2-2018.

EXHIBIT P4 THE TRUE COPY OF THE LETTER, DATED 23- 2-2018, GIVEN BY THE 6TH RESPONDENT.