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2017 Supreme(Online)(KER) 8039

HIGH COURT OF KERALA
Devan Ramachandran, J
P.K.SAJEENA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA, SRI.B.REGUNATHAN, SRI.G.GOPALAKRISHNA PILLAI, SRI.G.S.MOHANDAS, SRI.V.A.MUHAMMED

JUDGMENT

In these two writ petitions the petitioner asserts that she is a teacher holding a claim under Rule 51A of Chapter XIV A of the Kerala Education Rules . She alleges that even though her claim is statutorily recognised, the Manager of the school is attempting to appoint other persons in preference to her without adverting to her claim, and therefore, she says that such appointments if any made by the Manager is illegal and unlawful.

2.The pleadings on record show that the petitioner has not made reference to any specific instance of appointment but she only says that any appointment made by the Manager cannot be approved by the authorities for the above reason. I am afraid that when prayers are made in such an omnibus fashion without impleading persons, if any, who are appointed under the process or against whom she has a claim for such appointment, it will be difficult for this Court to enter into a roving enquiry, at the instance of the petitioner, as to whether the Manager has made an appointment or whether such appointments, if any, are illegal or unlawful. I do not think it is the province of this Court to go on W.P.(C) Nos.15430/2009 & 8378/2010 into such an enquiry or

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