Preethy Mariam Philip vs The State Of Kerala

Citation : 2024 Latest Caselaw 11764 Ker
Judgement Date : 30 April, 2024

Kerala High Court

Preethy Mariam Philip vs The State Of Kerala on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                      WP(C) NO. 16602 OF 2024
PETITIONER:

            PREETHY MARIAM PHILIP, AGED 28 YEARS
            WIFE OF ABU ABRAHAM, UPPER PRIMARY SCHOOL TEACHER,
            L M HIGH SCHOOL, VENMONY, MAVELIKKARA, ALAPPUZHA
            DISTRICT, PIN - 690101

            BY ADV V.A.MUHAMMED


RESPONDENTS:

       1    THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
            SECRETARY TO GOVERNMENT, GENERAL EDUCATION
            DEPARTMENT, SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM, PIN - 695001

       2    THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

       3    THE DISTRICT EDUCATIONAL OFFICER
            MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

       4    THE MANAGER, CATHOLICATE & M D SCHOOLS, DEVALOKAM,
            KOTTAYAM DISTRICT, PIN - 686004

       5    THE HEADMASTER, L M HIGH SCHOOL, VENMONY,
            MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

            SRI. ARUN AJAY SHANKAR-GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    30.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.16602/2024

                               -:2:-

                          JUDGMENT

The petitioner was appointed as UPST from 19.09.2022. The 3rd respondent declined the approval stating that the petitioner has not studied Malayalam as per Exts. P2 and P3.

2. According to the petitioner, in the light of Exts. P12 and P13 her appointment covered by Ext.P1 is liable to be approved. Assailing Exts. P2 and P3 orders, the petitioner filed Ext.P16 representation before the 1 st respondent. The limited prayer of the petitioner is to give a direction to the 1 st respondent to dispose of Ext.P16.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P16, after hearing the petitioner and taking note of Exts.P12 to P15, within a period of three months from the date of receipt of a copy of this judgment.

sd/-

DR. KAUSER EDAPPAGATH JUDGE kp W.P.(C).No.16602/2024 -:3:- APPENDIX OF WP(C) 16602/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER NO.

P.31/671/22 DATED 19.09.2022 Exhibit P-1 (a) TRUE COPY OF THE ORDER NO.

B4/10477/2022/L.DIS DATED 27.12.2022 OFO THE DEO, THIRUVALLA Exhibit P-2 TRUE COPY OF THE ORDER NO. B6/41126/2022 DATED 25.09.2023 SO ISSUED BY THE DEO, MAVELIKKARA Exhibit P-3 TRUE COPY OF THE ORDER NO. B6/57539/2023 DATED 25.03.2024 ISSUED BY THE DEO, MAVELIKKARA Exhibit P-4 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE DATED 31.05.2011 Exhibit P-5 TRUE COPY OF SENIOR SCHOOL CERTIFICATE EXAMINATION 2013 DATED 27.05.2013 Exhibit P-6 TRUE COPY OF THE BA DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 16.06.2017 Exhibit P-7 TRUE COPY OF THE B.ED CERTIFICATE DATED 24.10.2018 ISSUED BY THE M G UNIVERSITY Exhibit P-8 TRUE COPY OF THE KTET-II CERTIFICATE (LANGUAGE II MALAYALAM) DATED 08.07.2019 Exhibit P-9 TRUE COPY OF THE KTET III CERTIFICATE DATED 24.06.2019 Exhibit P-10 TRUE COPY OF THE SET CERTIFICATE DATED 31.05.2021 W.P.(C).No.16602/2024 -:4:- Exhibit P-11 TRUE COPY OF THE P G CERTIFICATE (MA) DATED 23.11.2021 Exhibit P-12 TRUE COPY OF THE G.O. (MS.) NO.

19/2023/GEDN (JA) DATED 24.2.2023 Exhibit P-13 TRUE COPY OF THE G.O. (RT.) NO.

8126/2023/GEDN (B) DATED 20.12.2023 Exhibit P-14 RUE COPY OF THE G.O. (P) NO.

3/2019/G.EDN. DATED 28.02.2019 Exhibit P-15 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 Exhibit P-16 TRUE COPY OF THE REVISION PETITION DATED 30.03.2024