JISHA JOHN Vs. MUHAMED BASHEER

JUDGEMENT

(1.) These appeals are preferred by Smt.Jisha John against a common judgment arising from the writ petitions filed by her and one Shri Mohammed Basheer K. respectively.

(2.) Both Jisha John and Mohammed Basheer K. are eligible to be appointed in the vacancy of Higher Secondary School Teacher (English) ("HSST") from by transfer quota of High School Assistant in a vacancy that arose at Imbichi Koya Thangal Higher Secondary School, Cherukulamba, in Malappuram District. Jisha John, admittedly, is the senior. The Regional Deputy Director of the Higher Secondary Education Department, Malappuram, found that Mohammed Basheer's appointment as HSST (English) lacked transparency and overlooked the claim of Jisha John. Consequently, the approval was rejected. The Government, in a revision filed by Mohammed Basheer challenging the order of the Regional Deputy Director, affirmed the order of the Regional Deputy Director. This was questioned before the learned Single Judge by Mohammed Basheer. In the writ petition filed by Jisha John she also claimed appointment to the above post of HSST. The learned Single Judge, by the common judgment, reversed the orders of the Regional Deputy Director and the Government, allowed the writ petition filed by Mohammed Basheer, and dismissed the writ petition filed by Jisha John.

(3.) We heard Adv.V.A.Muhammed appearing for Jisha John and Dr.George Abraham for Mohammed Basheer. We have gone through the orders passed by the Regional Deputy Director as well as the Government. We find that fact findings were made based on materials and after perusing the records. The question is whether the learned Single Judge was justified in exercising the power of judicial review or not.