IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21517 OF 2022
PETITIONER/S:
THE MANAGER
A.U.P SCHOOL, PALLIKKAL. JANAKEEYA VIDYALAYAM,
MACHAD, KOORIKUZHI A.M.U.P SCHOOL,
KAIPPAMANGALAM, THRISSUR DISTRICT, PIN-680681.
BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, PIN- 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR, THRISSUR DISTRICT. PIN: 680003.
4 THE ASSISTANT EDUCATIONAL OFFICER,
WADAKKANCHERRY, THRISSUR DISTRICT. PIN:699532.
5 THE ASSISTANT EDUCATIONAL OFFICER,
VALAPPAD, THRISSUR DISTRICT. PIN: 680567.
SRI PREMCHAND R NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 21517 OF 2022
2
JUDGMENT
The petitioner states that he is functioning as the Manager of A.U.P. School, Pallikkal; Janakeeya Vidyalayam, Machad; and Koorikkuzhi A.M.U.P School, Kaippamangalam. He has now been served with Exhibit P1 Notice, as per which the petitioner was ordered to terminate those teachers, whose names have been shown in Exhibit P1. By the said notice, the 3rd respondent has also threatened that action shall be initiated against the petitioner under Rule 7(1) Chapter III of the KER. The specific case of the petitioner is that the persons named in Exhibit P1 are not working in the schools run by the petitioner herein. The petitioner asserts that challenging Exhibit P1 order, the petitioner is stated to have preferred Exhibit P7 revision petition before the 1st respondent, which is stated to be pending.
2. When this matter came up for consideration, Sri. C.D. Dileep, the learned counsel appearing for the petitioner submitted that though various other reliefs are sought in the writ petition, the petitioner would be satisfied if directions were issued to the 1st respondent to take up the revision petition and dispose of the same in accordance with law.
3. I have heard the learned Government Pleader as well. WP(C) NO. 21517 OF 2022 3
4. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
c) Until the statutory revision petition is heard and disposed of, action purported to be taken against the petitioner, pursuant to Exhibit P1 will be kept in abeyance.
d) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 21517 OF 2022 4 APPENDIX OF WP(C) 21517/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE/ORDER NO.DDETSR/2082/2022-B6 DATED 16/06/2022 OF THE 3RD RESPONDENT DEPUTY DIRECTOR. Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT DATED 23/02/2021 IN WP(C).NO.20858/2020 AND 22308 OF 2020 OF THE HON'BLE HIGH COURT.
Exhibit P3 A TRUE COPY OF THE ORDER NO.P.L.(2)/64711/14D.P.I DATED 19.09.2014 OF THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF THE ORDER NO.DDETSR/2817/2021-B4 DATED 17.01.2022 OF THE 3RD RESPONDENT.
Exhibit P5 A TRUE COPY OF THE NOTICE NO.B6-19446/17 DATED 28/10/2017 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE ORDER NO.VA1/29683/2019/DGE DATED 18/02/2022 OF THE 2ND RESPONDENT.
Exhibit P7 A TRUE COPY OF THE REVISION PETITION DATED 05/06/2022 PENDING BEFORE THE 1ST RESPONDENT.
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 14/06/2022 IN WP(C).NO.19241/2022 OF THIS HON'BLE HIGH COURT.
Exhibit P9 A TRUE COPY OF THE REVISION PETITION PENDING BEFORE THE 1ST RESPONDENT DATED 27.06.2022.