WP(C) NO. 17751 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 17751 OF 2022
PETITIONER:
ASWATHY P
AGED 28 YEARS
W/O. SHINJITH. M, ASWATHI HOUSE, PEDIYATTUKUNNU,
P.O.KADALUNDY, KOZHIKODE DISTRICT, PIN- 673 302.
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, KERALA - 695014.
3 DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA ROAD, MANANCHIRA, KOZHIKODE, KERALA
673001
4 DISTRICT EDUCATIONAL OFFICER,
THAZHEKKOD, KOZHIKODE, KERALA - 673004
5 MANAGER,
UMBICHY HAJEE HIGHER SECONDARY SCHOOL, CHALIYAM
-673 301, KOZHIKODE DISTRICT.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17751 OF 2022 2
JUDGMENT
The petitioner states that she was working in the post of HST (Physical Science) in the Umbichy Hajee Higher Secondary School, Chaliyam from 15.06.2016 to 31.03.2016 and thereafter from 01.06.2017 to 31.03.2020. The grievance of the petitioner concerns the denial of approval of appointment on the ground that the Manager had not appointed any protected teachers. The petitioner asserts that the list of protected teachers were not made available to the Manager and therefore, the respondents could not have denied approval on the ground that protected teachers were not appointed. It is submitted that the petitioner has preferred Ext.P4 revision petition before the 1st respondent and the same is pending. It is in the afore circumstances that the petitioner is before this Court seeking to quash Exts.P1 and P2 and for other consequential reliefs.
2. This Court by order dated 1st June, 2022 had directed the learned Government Pleader to get instructions as to whether the DGE has passed orders in the revision petition. On instructions, it is submitted by the learned Government Pleader that the DGE has made over the matter to the DEO, where the revision petition is pending consideration. WP(C) NO. 17751 OF 2022 3
3. I have considered the submissions advanced. The contention of Sri. Kaleeswaram Raj, the learned counsel appearing for the petitioner is that the competent educational authorities have not forwarded the list of protected hands to the Manager when the petitioner was appointed. The learned counsel would place reliance on Moosakutty Vs. DEO, Wandoor (2009 (3) KLT 8630) and Nadeera v. State of Kerala (2011 (3) KLT 790) to hammer home his contention that denial of approval cannot be sustained. It is further submitted that the revision petition was preferred before the 2nd respondent and there was no justification in relegating the matter to the DEO.
4. Having considered the submissions advanced, I am of the view that there was no justification on the part of the 2nd respondent in relegating the matter to the 4th respondent. Let the matter be heard by the 2nd respondent and appropriate orders be passed.
Resultantly, this writ petition is disposed of directing the 2nd respondent to take up, consider and pass appropriate orders on Ext.P4, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 5th respondent. Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment. It would be open to the petitioner to produce a copy of the writ WP(C) NO. 17751 OF 2022 4 petition along with the judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 17751 OF 2022 5 APPENDIX OF WP(C) 17751/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER DATED 28.09.2017. Exhibit P2 TRUE COPY OF THE ORDER DATED 29.10.2018 BY THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE.
Exhibit P3 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE 2ND RESPONDENT ON 10.12.2018.
Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 12.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.
Exhibit P5 TRUE COPY OF THE ORDER NO.L-2/9/2021/H.EDN DATED 18.04.2021 ISSUED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION.
Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS, UMBICHY HAJEE HIGHER SECONDARY SCHOOL, CHALIYAM.
RESPONDENTS' EXHIBITS:
NIL