MUHAMED BASHEER K Vs. MANAGER

JUDGEMENT

(1.) The facts of these two writ petitions are interconnected and intertwined. In WP(C) No.1859/2018, an unsuccessful teacher, whose appointment as Higher Secondary School Teacher ("HSST", for short) has been declined by the Educational Authorities and confirmed by the Government, is before this Court. The reasons perhaps may be little strange. On the other hand, WP(C) No.2499/2018 has been filed by the rival claimant, who claims that she being the senior most teacher, is entitled to be appointed as HSST by transfer in the place of Sri.Mohammed Basheer, the petitioner in WP(C) No.1859/2018. For the sake of brevity, the facts in WP(C) No.1859/2018 will be stated.

(2.) Sri.Mohammed Basheer K. and Smt.Jisha John are both working as high school teachers in IKT Higher Secondary School, Cherukulmba, Vattaloor, Malappuram District. On 20/6/2015, the Manager, who is the 1st respondent, invited applications for filling up of the post of HSST, consequent to the retirement of Smt.Alice Joseph. The said notice was exhibited in the notice board. Later, Sri.Mohammed Basheer claims that the notice dtd. 1/7/2015 proposing to conduct an interview on 5/7/2015 was issued to him as well as Smt.Jisha John as per Ext.P3. On 5/7/2015 at 10.00 a.m., a selection committee interviewed and minutes was recorded regarding the selection process. Smt.Jisha John did not participate in the selection process. However, later Smt.Jisha John seems to have filed a complaint on 6/1/2016 to the Educational Authorities, which started the long drawn litigation between the parties. Based on the claim raised by Smt.Jisha John, the Educational Authorities declined to grand approval to the petitioner. This was by Ext.P9 order dtd. 25/5/2017. Aggrieved by the same, a revision was filed before the 3rd respondent, which was rejected by Ext.P13 order dtd. 5/1/2018, which is impugned in the writ petition.

(3.) Before entering into the discussion relating to the sustainability of the orders impugned, this Court will refer to the bare necessary facts in WP(C) No.2499/2018 also.