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Kerala High Court
Neethu Sunny vs State Of Kerala on 21 May, 2024
WPC.No.18171/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO.18171 OF 2024
PETITIONERS:
1 NEETHU SUNNY, AGED 34 YEARS,
LPST, ST.PETERS LP SCHOOL VAZHOOR
(PALICKALKAVALA) W/O.JIBI VARUGHESE,
PODIPPARAKAL ,VAZHOOR P.O, VAZHOOR,
PIN - 686 515.
2 HEVALEENA K.E,
AGED 35 YEARS,
LPST, ST.THOMAS LPS NELLIPOYIL, MEEMUTTY
P.O,KODENCHERY, KOZHIKODE-673580 W/O.ARUN K
KURUVILA, KALAPPURACKAL HOUSE, MEEMUTTY P.O,
KODENCHERY, KOZHIKODE, PIN - 673 580.
3 STEPHY BENNY, AGED 32 YEARS,
LPST ST.THOMAS LPS NELLIPOYIL, MEEMUTTY P.O,
KODENCHERY, KOZHIKODE-673580, W/O.FR.ELDHO
KURIAKOSE, VEEKKAPPARA , PAYYAMPALLY P.O,
KUTTIKULAM, MANANTHAVADY,
WAYANAD, PIN - 670 646.
4 LABI GEORGE JOHN, AGED 26 YEARS,
LPST, ST.THOMAS LPS NELLIPOYIL, MEEMUTTY P.O,
KODENCHERY, KOZHIKODE-673580 S/O.JOHN
GEEVARGHESE, PEEDIKATHARAYIL, KUTTEMPEROOR P.O,
MANNAR, PIN - 689 623.
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
WPC.No.18171/2024 2
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
O/O.THE DIRECTOR OF GENERAL EDUCATION JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE,
O/O THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE,
PIN - 673 004.
4 DISTRICT EDUCATIONAL OFFICER THAMARASSERRY
O/O THE DISTRICT EDUCATIONAL OFFICER
THAMARASSERRY, PIN - 673 573.
5 ASSISTANT EDUCATIONAL OFFICER THAMARASSERRY,
O/O THE ASSISTANT EDUCATIONAL OFFICER
THAMARASSERY, PIN - 686 502.
6 CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY, CATHOLICATE & MD
SCHOOLS DEVALOKAM KOTTAYAM, PIN - 686 004.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.No.18171/2024 3
JUDGMENT
The petitioners, who are working as Lower Primary School Teachers in the School managed by the 6 th respondent, have approached this Court being aggrieved by the denial of approval of their appointment. The denial was mainly on the ground that, the appointment of one of the seniors was not approved in view of the fact that she has not cleared KTET. Besides the same, denial of appointment of a physically handicapped person was also relied on to deny the appointment of the petitioner. The petitioners have submitted Exts.P12, P15, P16, P17 and P19 revision petitions which are pending before the 2 nd respondent. Main prayer sought by the petitioners is for a direction to the 2nd respondent to take up the said revision petitions and appropriate orders thereon shall be passed within a time frame. Learned counsel for the petitioners also placed reliance upon Exts.P20 to P24 to substantiate his contention. After hearing the learned counsel for the petitioners and the learned Government Pleader, I am of the view that this writ petition can be disposed of.
WPC.No.18171/2024 4
Accordingly, it is ordered that the 2 nd respondent shall take up Exts. P12, P15, P16, P17 and P19 and appropriate orders thereon shall be passed within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners and the 5th respondent. It is also ordered that, while taking a decision, Ext.P20 to P24 produced along with this writ petition shall also be adverted to.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/22.5.24 WPC.No.18171/2024 5 APPENDIX OF WP(C) 18171/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 14.09.2021 ISSUED BY THE 6TH RESPONDENT IN RESPECT OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT DATED 01.07.2022 IN RESPECT OF THE 2ND PETITIONER.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT DATED 12.06.2023 IN RESPECT OF THE 3RD PETITIONER.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT DATED 22.06.2023 IN RESPECT OF THE 4TH PETITIONER Exhibit P5 TRUE COPY OF ORDER NO B2/197181/2022 DATED 17.05.2023 Exhibit P6 TRUE COPY OF ORDER NO.K.DIS/B/33585/2022 DATED 13.04.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO B2/197643/2022 DATED 26.05.2023 Exhibit P8 TRUE COPY OF THE ORDER NO K.DIS /B/50477/2023 DATED 10.10.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P9 TRUE COPY OF ORDER NO.K.DIS/ B1/48304/2023 DATED 26.01.2024 ISSUED BY THE 5TH RESPONDENT WPC.No.18171/2024 6 Exhibit P10 TRUE COPY OF THE ORDER NOK.DIS/B/50164/2023 DATED 28.01.2024 ISSUED BY THE 5TH RESPONDENT Exhibit P11 TRUE COPY OF THE APPEAL DATED 15.02.2024 Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED NIL FILED BY THE 6 TH RESPONDENT Exhibit P13 TRUE COPY OF THE ORDER NO.B2/197643/2022 DATED 26.05.2023 ISSUED BY THE 4 TH RESPONDENT Exhibit P14 TRUE COPY OF THE ORDER NO.A4/707277/2024 DATED 06.04.2024 Exhibit P15 TRUE COPY OF THE REVISION PETITION FILED BY THE 2 ND PETITIONER DATED 29.04.2024 Exhibit P16 TRUE COPY OF ORDER NO.A4/707404/2024 DATED 06.04.2024 ISSUED BY THE 4 TH RESPONDENT Exhibit P17 TRUE COPY OF THE REVISION PETITION FILED BY THE 2 ND PETITIONER DATED 29.04.2024 Exhibit P18 TRUE COPY OF THE PROCEEDINGS NO.A4/707487/2024 DATED 06.04.2024 Exhibit P19 TRUE COPY OF THE REVISION PETITION DATED 29.04.2024 Exhibit P20 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO SMT JOSIYA JOSE DATED 06.02.2024 Exhibit P21 TRUE COPY OF LETTER NO.H2/28207/2019/DGE DATED 27.07.2019 ISSUED BY THE 2 ND RESPONDENT Exhibit P22 TRUE COPY OF THE INTERIM ORDERS ISSUED WPC.No.18171/2024 7 BY THE HON'BLE SUPREME COURT IN SLP(C)NO.9566/2023 DATED 15.05.2023 AND 14.07.2023 Exhibit P23 TRUE COPY OF ORDER NO.DGE/15133-2023(2)-
H2 DATED 03.02.2024 ISSUED BY THE 2 ND RESPONDENT Exhibit P24 TRUE COPY OF THE ORDER NO.L1/300/2023- G.EDN DATED 27.04.2024 ISSUED BY THE 1ST RESPONDENT.