IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 6606 OF 2022
PETITIONER:
MASHLY SIMON ALIAS SIMON MASHLY
AGED 38 YEARS
D/O C K SIMON, R O CHEMMANATTU HOUSE, MALAKALLU,
KASARGOD DISTRICT, KERALA-671532.
BY ADVS.
JOSE ABRAHAM
E.ADITHYAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER
COLLECTORATE, CIVIL STATION, VIDYANAGAR P O,
ULIYATHADKA ROAD, KASARGOD DISTRICT, KERALA, PIN-
671123.
3 ST.MARY'S A U P S SCHOOL,
MALAKALLU, KANHANGAD, HOSDURG, KASARGOD DISTRICT,
KERALA, PION-671532., REPRESENTED BY MANAGER, FR THOMAS
EDATHIPARAMBIL.
4 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, VIDYANAGAR, KASARGOD DISTRICT, KERALA,
PIN-671123.
OTHER PRESENT:
SMT. SABEENA P ISMAIL -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6606 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 6606 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
Petitioner was appointed to an additional post of UPST under the 3rd respondent School on 6/6/2019. However, the proposal for approval of appointment of the petitioner was declined by the statutory Authority on the ground that the name of the petitioner mentioned in the qualification certificate is different.
2. Challenging the order of rejection of approval, the Manager of the School preferred an appeal before the 2 nd respondent as early as on 5/11/2021. The learned counsel for the petitioner submits that in spite of lapse of more than 6 months, the appellate authority has not considered the appeal. On the other hand, petitioner's appointment is 'hanging in air' that too on a minor mistake, against which, WP(C) NO. 6606 OF 2022 3 sufficient explanation and clarification was pointed out by the petitioner.
3. Having heard Sri.Jose Abraham, the learned counsel for the petitioner as well as Smt.Sabeena P.Ismail, the learned Government Pleader, I am of the view that this writ petition can be disposed of directing an expeditious consideration of the appeal.
4. Accordingly, there will be a direction to the 2 nd respondent to consider and pass appropriate orders on Ext.P6 appeal as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to the petitioner.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 6606 OF 2022 4 APPENDIX OF WP(C) 6606/2022 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE ORDER PASSSED BY THE ASSISTANT EDUCATIONAL OFFICER (AEO) DATED 4/10/2021.
Exhibit P2 TRUE COPY OF THE HIGHER SECONDARY SCHOOL CERTIFICATE EXAMINATION ISSUED BY THE GOA BOARD.
Exhibit P3 TRUE COPY OF THE B.E.D CERTIFICATE ISSUED BY THE KERALA UNIVERSITY IN THE NAME OF THE PETITIONER.
Exhibit P4 TRUE COPY OF THE MA CERTIFICATE ISSUED BY THE KANNUR UNIVESITY IN THE NAME OF THE PETITIONER.
Exhibit P5 TRUE COPY OF THE KTET ELIGIBILITY CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER.
Exhibit P6 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO DATED NIL, THE SECOND RESPONDENT HEREIN.
Exhibit P7 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 22-07-2021, ISSUED BY THE VELLARIKUNDU TALUK OFFICE, IN THE NAME OF THE PETITIONER STATING THAT MASHLY SIMON AND SIMON MASHLY ARE ONE AND THE SAME.
Exhibit P8 TRUE COPY OF THE AFFIDAVIT WHICH WAS PRODUCED BEFORE THE TAHASILDAR, TALUK OFFICE, VELLARIKUNDU, KASARGOD DATED 20- 07-2021.
Exhibit P9 TRUE COPY OF THE ONE AND THE SAME CERIFICATE DATED 30-04-2019, ISSUED BY THE KALLAR VILLAGE OFFICE, IN THE NAME OF THE PETITIONER STATING THAT MASHLY SIMON WP(C) NO. 6606 OF 2022 5 AND SIMON MASHLY ARE ONE AND THE SAME. Exhibit P10 TRUE COPY OF THE AFFIDAVIT FILED BY THE MANAGER DATED 20-03-2021.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP 25056 OF 2021 DATED 12-11-2021.
Exhibit P12 TRUE COPY OF THE RTI INFORMATION RECIEVED BY THE PETITONER DATED 2-02-2022.
Exhibit P13 TRUE PHOTOCOPY OF THE JUDGMENT IN RP
199/2022 DATED 22/2/2022
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE