WP(C) NO. 3645 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 3645 OF 2022
PETITIONER:
KERALA AIDED SCHOOL NON-TEACHING STAFF ASSOCIATION,
(RECOGNISED BY GOVT. OF KERALA AS PER G.O(MS)
81/68/EDN. DT. 28.02.1968), REPRESENTED BY ITS
PRESIDENT, MADHU N.V, NTS BHAVAN, ARANGATH ROAD,
ERNAKULAM NORTH P.O, KOCHI-682 018
BY ADVS.
JOSE ABRAHAM
PHILIP.N.JOSEPH
MANAS P HAMEED
E.ADITHYAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, 3RD FLOOR, ANNEX II, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DIRECTORATE OF GENERAL EDUCATION,
REPRESENTED BY ITS DIRECTOR, JAGATHI,
THIRUVANANTHAPURAM-695 014.
3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
THIRUVANANTHAPURAM, PIN-695 014.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3645 OF 2022 2
JUDGMENT
An association of Non-Teaching Staff of Government aided schools in the State of Kerala has approached this Court challenging the action of the 1st respondent in forcefully deploying High School Class IV employees in charge of monitoring the safe custody of question papers of the Higher Secondary examinations. It is the case of the petitioner that Higher Secondary Part-Time Menial, Clerk, Librarian etc. posts should be created by the Government instead of adopting the said procedure.
2. The learned Government Pleader points out that Ext.P1 representation filed by the petitioner is before the 2nd respondent. As the creation of posts is a policy decision, the petitioner ought to have submitted Ext.P1 before the 1st respondent.
3. In that view of the matter, there will be a direction to the petitioner to place Ext.P1 before the 1st respondent within a period of two weeks from the date of receipt of a copy of this judgment. If a representation is submitted as aforesaid, the 1st respondent shall consider the same and take a decision within a period of three months.
The petitioner shall place a copy of the writ petition along with the WP(C) NO. 3645 OF 2022 3 judgment before the 1st respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 3645 OF 2022 4 APPENDIX OF WP(C) 3645/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF REPRESENTATION DATED 29.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL