Radhika R vs State Of Kerala

Citation : 2022 Latest Caselaw 7998 Ker
Judgement Date : 29 June, 2022

Kerala High Court
Radhika R vs State Of Kerala on 29 June, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944

                  WP(C) NO. 17076 OF 2022

PETITIONER/S:

           RADHIKA R
           AGED 42 YEARS
           W/O. VIMAL T R,
           UPPER PRIMARY SCHOOL TEACHER,
           DEVI VILASAM HIGHER SECONDARY SCHOOL,
           KANDANKARY, P. O. THAYAMKARY,
           ALAPPUZHA DISTRICT-689573,
           (RESIDING AT PERUMANOOR, P. O. KUTTAMANGALAM,
           KAINAKARY, ALAPPUZHA DISTRICT-688501
           (M.94473 90449)

           BY ADVS.
           V.A.MUHAMMED
           V.RAJASEKHARAN NAIR

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           SECRETARIAT ANNEX II, THIRUVANANTHAPURAM-695 001.

    2      THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM-695 014

    3      THE DEPUTY DIRECTOR OF EDUCATION
           CIVIL STATION, ALAPPUZHA DISTRICT-688 001.

    4      THE DISTRICT EDUCATIONAL OFFICER
           KUTTANAD AT RAMANKARY, P. O. RAMANKARY,
           ALAPPUZHA DISTRICT - 689595.

    5      THE MANAGER
           DEVI VILASAM HIGHER SECONDARY SCHOOL,
           KANDANKARY, P. O. THAYAMKARY,
           ALAPPUZHA DISTRICT-689573.
 WP(C) NO. 17076 OF 2022

                             2



    6      SUJINA REGHUNATH
           HIGH SCHOOL TEACHER (PHYSICAL SCIENCE) (NOT APPROVED),
           DEVI VILASAM HIGHER SECONDARY SCHOOL,
           KANDANKARY, P. O. THAYAMKARY,
           ALAPPUZHA DISTRICT-689573.

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17076 OF 2022

                                        3


                                  JUDGMENT

Instant writ petition is filed seeking for a declaration that the appointment of the 6th respondent as per Ext.P5 order is unsustainable and also for a further direction to the 1st respondent to consider Exhibit P11 revision petition filed by the petitioner and for incidental reliefs.

2. When the matter was taken up for consideration, the learned Government Pleader, on instructions, submitted that the 2nd respondent has considered the revision petition and has disposed of the same by order dated 22.3.2022.

3. Faced with the above submission, Sri. M. Sajjad, the learned counsel seeks permission to withdraw this writ petition reserving the right of the petitioner to challenge the said order in appropriate proceedings.

Reserving such right, this writ petition is dismissed as withdrawn.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 17076 OF 2022 4 APPENDIX OF WP(C) 17076/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. B3/2072/17/K.DIS.

DATED 16.10.2018 OF THE 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE B.SC CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 02.02.1999. Exhibit P3 TRUE COPY OF THE B.ED. CERTIFICATE ISSUED BY THE MAHATMA GANDHI UNIVERSITY.

Exhibit P4 TRUE COPY OF THE KTET CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF EXAMINATIONS (K.TET) KERALA DATED 16.12.2021.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 15.07.2021.

Exhibit P6 TRUE COPY OF THE APPEAL PETITION MOVED BEFORE THE DEO, KUTTANAD.

Exhibit P7 TRUE COPY OF THE G.O. (MS.) NO. 194/2019/G.EDN.

DATED 15.11.2019 OF THE GOVERNMENT.

Exhibit P8 TRUE COPY OF THE ORDER NO. B3/24861/2021 DATED 28.08.2021 OF THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER NO. B2/214158/2021 DATED 02.11.2021 OF THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE ORDER NO. EC1/235076/2021 DATED 22.03.2022 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. Exhibit P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.05.2022.

Exhibit P12 TRUE COPY OF THE DECISION REPORTED IN 2017 (3) KHC 429 DECIDED ON 19.06.2017