CHANDRALEKHA S Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as Special Government Pleader.

(2.) THE appellant herein approached the learned Single Judge seeking quashing of Exts.P1, P2 and P6. Apparently, appellant was appointed as Upper Primary School Assistant (for short 'UPSA') on 16.06.1997 in an aided school of 5th respondent. The post to which she was appointed, was a vacancy created on account of promotion of Smt.Thanju Rani, UPSA, as High School Assistant (for short 'HSA') by virtue of Ext.P1 order. It is not in dispute that such appointment of Smt.Thanju Rani has to be approved by the 4th respondent herein who is the competent authority for such approval.

(3.) AS a matter of fact, Smt.Thanju Rani, aggrieved by refusal of approval by the 4th respondent, approached this Court and no favourable order came to be passed. Therefore, vacancy to which she was promoted was not in existence and Smt.Thanju Rani automatically comes back to her original position as UPSA leaving no place for the appellant to work. In that context, on account of events which was not in the hands of Smt.Thanju Rani, the appointment of the appellant was at stake. The non- approval of Smt.Thanju Rani as HSA has reached finality. In that view of the matter, the claim of the appellant can not be entertained as 4th respondent has only followed the procedure contemplated by not discriminating anyone showing favouritism to any of the candidates. Under these circumstance we find no good ground to interfere with the opinion of the learned Single Judge. Accordingly, the Writ Appeal is dismissed.