Sindhu M.George vs State Of Kerala

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs:

(1) To issue a writ of mandamus, or any other appropriate writ, order or direction, directing the 4th respondent to promote the petitioner as Principal of

Jayakeralam Higher Secondary School, Pulluvazhi, Perumbavoor with effect from 01.06.2021.

(2) To declare that the 5th respondent is not eligible to be promoted as principal in view of Rule 4(1) of Chapter XXXII KER.

(3) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to take a decision on Ext.P6 petition filed by the

petitioner.

Heard the learned counsel for the petitioner and the learned Government Pleader. In view of the directions being issued, notice to respondents 4

and 5 is dispensed with.

It is submitted by the learned counsel for the petitioner that the petitioner is working as Head Mistress in the High School section of the

Jayakeralam Higher Secondary School, Pulluvazhi. It is submitted that she is fully qualified for appointment to the post of Principal of the Higher

Secondary School. However, overlooking the claim of the petitioner, the 5th respondent has been appointed by the Manager as Principal and the

proposal for approval of appointment has been forwarded. It is submitted that the petitioner has approached the Manager with Ext.P4 representation.

The petitioner has also preferred Ext.P6 objection before the 3rd respondent and seeks a consideration of the same, while the issue of approval of the

5th respondent’s appointment is taken.

Having heard the learned Government Pleader also, I notice that since the petitioner has raised an objection to the 5th respondent’s appointment

as Principal as also a rival claim for appointment as Principal, the same is liable to be considered by the 3rd respondent, in accordance with law. There

will, accordingly, be a direction to the 3rd respondent to take up Ext.P6 objection preferred by the petitioner also while considering the proposal for

approval of the 5th respondent’s appointment as Principal in the 4th respondent school. The petitioner, the 4th respondent as well as the 5th

respondent shall be put on notice and heard through any appropriate means, including by video conferencing before orders are passed as directed

above. Necessary shall be done within a period of two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.