Binu E.R vs State Of Kerala

Kerala High Court

Binu E.R vs State Of Kerala on 22 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                      WP(C) NO. 18351 OF 2024
PETITIONER/S:
          BINU E.R.,AGED 49 YEARS,H.S.S.T. POLITICAL SCIENCE
          SREE NARAYANA HIGHER SECONDARY SCHOOL,
          AYYAPPANKAVU, KOCHI - 18. RESIDING AT C.C. 31/846
          B, 'DEVADHEYAM', KOTTARAM ROAD, VADUTHALA.P.O.,
          KOCHI, PIN - 682023

            BY ADVS.
            K.R.GANESH
            ELVIN PETER P.J. (SR.)
            GOURI BALAGOPAL
            SREELEKSHMI A.S.


RESPONDENT/S:
    1     STATE OF KERALA,REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2      THE DIRECTOR OF GENERAL EDUCATION
             OFFICE OF THE DIRECTOR OF HIGHER SECONDARY
             EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
             THIRUVANANTHAPURAM, PIN - 695121

      3      THE REGIONAL DEPUTY DIRECTOR,HIGHER SECONDARY
             EDUCATION, ERNAKULAM, PIN - 682024

      4      THE MANAGER,SREE NARAYANA HIGHER SECONDARY SCHOOL,
             AYYAPPANKAVU, KOCHI, PIN - 682018

      5      GINCY.T.J.,PRINCIPAL, SREE NARAYANA HIGHER
             SECONDARY SCHOOL, AYYAPPANKAVU, KOCHI, PIN -
             682018


            ADV. PREMCHAND R NAIR-GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    22.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 18351 of 2024

                                   2

                           JUDGMENT

The petitioner, has approached this Court being aggrieved by the denial of his appointment as the Principal of the school managed by the 4th respondent. It is the specific case of the petitioner that, the 5th respondent who was appointed as the Principal and is now continuing in the said post, is not qualified for continuing in the said post, in view of the fact that, she could not obtain the test qualification even though the appointment was made on 01.04.2020. It is the case of the petitioner that, the 5 th respondent should have secured the test qualification within a period of two years, which was the probation period. The claim for the appointment as the Principal was raised by the petitioner in such circumstances. By highlighting the above aspects, the petitioner submitted Ext.P7 representation before the 3rd respondent on 26.02.2024. This Writ Petition is submitted by the petitioner in such circumstances. The limited prayer sought by the petitioner isw to direct the 3rd respondent to consider Ext.P7 representation 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 W.P.C No. 18351 of 2024 3 Petition. Accordingly, it is ordered that the 3rd respondent shall take up Ext.P7 representation and orders thereon shall be passed after hearing the petitioner, the 4th respondent-Manager and the 5th respondent. The orders in this regard shall be passed within a period one month from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 18351 of 2024 4 APPENDIX OF WP(C) 18351/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 17.02.1999 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.

ACD.A1/20165/HSST/2001 DATED 02.06.2003 ISSUED BY THE 2ND RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER AS HSST (POLITICAL SCIENCE) WITH EFFECT FROM 15.07.1999.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER FOR PASSING ACCOUNT TEST FOR EXECUTIVE OFFICERS DATED 03.02.2024. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER FOR PASSING KERALA EDUCATION ACT AND RULES TEST DATED 03.02.2024.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

B1/5306/2020/RDD/EKM DATED 02.12.2020 ISSUED BY THE 3RD RESPONDENT .

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 29.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 26.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REGIONAL DEPUTY DIRECTOR.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED W.P.C No. 18351 of 2024 5 04.03.2024 FILED BY ADVOCATE SRI. NIKHIL NARENDRAN, UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPLY DATED 20.03.2024 ISSUED BY THE 3RD RESPONDENT TO EXT.P8 APPLICATION.