Mallika K vs State Of Kerala

Kerala High Court

Mallika K vs State Of Kerala on 21 May, 2024

WPC.No.18049/24                    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.18049 OF 2024
PETITIONER:

           MALLIKA K.,
           AGED 51 YEARS,
           W/O.RADHAKRISHNAN T., HEADMISTRESS, HEMAMBIKA
           SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD
           DISTRICT, PIN-678 009, RESIDING AT 'AMBADI',
           BLOCK C2, HILL VIEW NAGAR, PUDUPPARIYARAM,
           PALAKKAD DISTRICT, PIN - 678 731.

           BY ADVS.
           JACOB SEBASTIAN
           WINSTON K.V
           ANU JACOB


RESPONDENTS:

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

     2     THE DIRECTOR OF GENERAL EDUCATION (PUBLIC
           INSTRUCTION), VAZHUTHACAUD, POOJAPPURA ROAD,
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

     3     THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD,
           OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
           PALAKKAD DISTRICT, PIN - 678 001.

     4     THE DISTRICT EDUCATIONAL OFFICER PALAKKAD,
           DISTRICT EDUCATIONAL OFFICE, MUNICIPAL COMPLEX,
           ROBINSON ROAD, OPPOSITE GOVERNMENT HOSPITAL,
           SANTHI NAGAR, SULTANPET, PALAKKAD DISTRICT,
           PIN - 678 014.
 WPC.No.18049/24                        2




     5       THE MANAGER,
             HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA,
             KALLEKULANGARA P.O, PALAKKAD DISTRICT, PIN - 678
             009.


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   21.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC.No.18049/24                            3

                               JUDGMENT

The petitioner, being aggrieved by the non approval of her appointment as Headmistress in Hemambika Sanskrit High School, Kallekulangara, has approached this Court seeking the following reliefs:

I. Issue a writ of mandamus commanding the third respondent to consider Ext.P4, statutory appeal along with Exhibit-P3 and pass appropriate orders thereon after hearing the petitioner within a timeframe;

II. Declare that the appointment of the petitioner as headmistress in the Hemambika Sanskrit High School, Kallekulangara, Palakkad is liable to be approved with effect from the date of Exhibit-P1;

III. To dispense with the translated copies of the documents in vernacular language; and IV. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

2. The petitioner has already highlighted her grievance by submitting Ext.P4 appeal, which is now pending before the 3rd respondent. Main prayer sought by the petitioner is for a direction to consider and pass appropriate orders thereon within a time frame.

After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that the 3 rd respondent shall take up Ext.P4 and appropriate orders shall be passed thereon after hearing the petitioner, the 5 th respondent Manager and the affected parties if any. While taking a decision in this regard, Ext.P3 shall also be taken into account. The petitioner shall produce a copy of this writ petition or such other documents at the time of hearing before the 3 rd respondent. Orders in this regard shall be passed within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/22.5.24 WPC.No.18049/24 5 APPENDIX OF WP(C) 18049/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 11.07.2023 ISSUED BY THE FIFTH RESPONDENT.

Exhibit-P2 A TRUE COPY OF ORDER NO.B1/50391/2023/K.DIS. OF THE FOURTH RESPONDENT DATED 24.03.2024 REFUSING TO APPROVE THE PETITIONER'S APPOINTMENT BY EXHIBIT-P1.

Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER OF CLASS VIII OF THE SCHOOL IN THE MONTH OF MARCH 2024.

Exhibit-P4 A TRUE COPY OF THE APPEAL ID NO.450264 DATED 26.03.2024 FILED BY THE FIFTH RESPONDENT AGAINST EXHIBIT-P2 ORDER.