IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 18076 OF 2022
PETITIONER/S:
MINI V.S
LOWER PRIMARY SCHOOL TEACHER, A.U.P.SCHOOL,
THESSERY, KANAKAMALA.P.O, THRISSUR DISTRICT.
BY ADVS.
M.R.ANISON
V.BHARGAVI (PANANGAD)
P.A.RINUSA
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVT., GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKUDA, IRINJALAKUDA.P.O.,
THRISSUR DISTRICT - 680 121.
3 THE ASSISTANT EDUCATIONAL OFFICER,
CHALAKUDY, CHALAKUDY.P.O, THRISSUR DISTRICT - 680 307.
4 THE MANAGER,
A.U.P.SCHOOL, THESSERY, KANAKAMALA.P.O,
THRISSUR DISTRICT - 680 689.
5 BILLIJIN.K.I.,
UPPER PRIMARY SCHOOL TEACHER, A.U.P.SCHOOL, THESSERY,
KANAKAMALA.P.O, THRISSUR DISTRICT - 680 689.
SRI PREMCHAND R NAIR, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18076 OF 2022 2
JUDGMENT
The case of the petitioner is that she is the senior most LPST working in the AUP School, Thessery, with effect from 1.6.1992. She is now aged 54 years. Relying on Chapter XIV A of Rule 45B of the KER and Rule 18 of the Right of Children to Free and Compulsory Education Kerala Rules, 2010, it is contended that she is permanently exempted from passing the departmental tests. According to the petitioner, the 4th respondent had appointed the petitioner as a permanent Headmistress of the School with effect from 1.4.2022. However, the request for approval was rejected on the sole ground that the petitioner had not passed the departmental test. Immediately after the rejection of the approval, the 4th respondent has appointed the 5th respondent as the Headmistress of the school though she is much junior to the petitioner herein. The learned counsel appearing for the WP(C) NO. 18076 OF 2022 3 petitioner relies on Ext.P3 judgment rendered by a Division Bench of this Court and contends that teachers who have crossed 50 years of age are not required to pass the departmental tests. Stating all these aspects, the petitioner is stated to have preferred Ext.P5 appeal before the 2nd respondent which is stated to be pending. The grievance of the petitioner is that pending consideration of the appeal, steps have been taken by the 3rd respondent to approve the appointment of the 5th respondent. In the afore circumstances, the petitioner is before this Court seeking directions.
2. I have heard Sri.M.R.Anison, the learned counsel appearing for the petitioner and Sri.Premchand R. Nair, the learned Senior Government Pleader.
3. In view of the nature of the order that I propose to pass, notice to the party respondents is dispensed with.
4. After having carefully evaluated the contentions raised WP(C) NO. 18076 OF 2022 4 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 by issuing the following directions:
a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P5, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the party respondents.
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. Until orders are passed on Ext.P5, the official respondents shall refrain from granting approval of appointment to the 5th respondent.
c) It would be open to the petitioner to produce a copy of the writ petition along with the WP(C) NO. 18076 OF 2022 5 judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 18076 OF 2022 6 APPENDIX OF WP(C) 18076/2022 PETITIONER' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.04.2022 ISSUED BY THE 4TH RESPONDENT PROMOTING THE PETITIONER AS HEADMISTRESS.
Exhibit P2 A TRUE COPY OF NOTIFICATION BEARING G.O.(P) NO.1/2021/G.EDN. DATED 05.01.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 05.01.2022 IN W.A NO. 123/2021 PASSED BY THIS HON'BLE COURT.
Exhibit P4 A TRUE COPY OF ORDER BEARING NO.C/26489/2022 DATED 24.05.2022 REJECTING APPROVAL OF APPOINTMENT ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 28.05.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P6 A TRUE COPY OF THE PROCEEDING DATED 26.05.2022 ISSUED BY THE 4TH RESPONDENT.
RESPONDENTS EXHIBITS : NIL