A.Harish vs The District Educational Officer
2021 Latest Caselaw 16711 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                          WP(C) NO. 16286 OF 2021
PETITIONER:

              A.HARISH
              AGED 55 YEARS
              S/O.GOVI A., HEADMASTER, T.R.KUNJIKRISHNAN U.P.SCHOOL,
              VALANCHERY, MALAPPURAM - 676 552, RESIDING AT MANIKARNIKA
              HOUSE, NEAR NALANA HOSPITAL, RAMANATTUKARA P.O.,
              KOZHIKODE - 673 633.

              BY ADVS.
              J.G.SYAMNATH
              S.ANEESH



RESPONDENTS:

     1        THE DISTRICT EDUCATIONAL OFFICER
              CIVIL STATION, TIRUR P.O., MALAPPURAM - 676 101.

     2        THE ASSISTANT EDUCATION OFFICER
              OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPURAM,
              MALAPPURAM - 679 571.

     3        THE MANAGER, T.R.KUNJIKRISHNAN U.P.SCHOOL
              VALANCHERY, MALAPPURAM - 676 552.


OTHER PRESENT:

              SMT.PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16286 OF 2021
                                      2

                               JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) To issue a writ of mandamus directing the 1 st respondent to consider and pass orders on Exhibit P3 appeal within a time limit to be fixed by this Hon'ble court after affording an opportunity of being heard to the petitioner and all other affected parties.

ii) To declare that the petitioner is entitled to be promoted to the post of Headmaster with effect from 21.03.2020 and all consequential benefits flowing therefrom."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. In view of the directions

being issued, notice to the 3rd respondent is dispensed with.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is working in the 3 rd

respondent's school from 1991 onwards. It is contended that

a vacancy of Headmaster arose on 21.03.2020. The Manager

appointed one Smt. Jain Mary.M.D as HM, but the

appointment was not approved. Thereafter, from 01.06.2020

the petitioner was appointed as HM and the appointment

was approved. The petitioner seeks approval of appointment WP(C) NO. 16286 OF 2021

in the vacancy of HM from 21.03.2020 onwards. Claiming the

same, the petitioner has submitted Ext.P3 appeal before the

1st respondent and seeks a consideration thereof.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take up

Ext.P3 and to consider and pass orders on the same with

notice to the petitioner, the 3rd respondent as well as any

other affected teachers including Smt.Jain Mary M.D and

after hearing them through any appropriate means including

video conferencing within a period of six weeks from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/11.08.2021 WP(C) NO. 16286 OF 2021

APPENDIX OF WP(C) 16286/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER DATED 22/10/2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) NO.9875 OF 2020 DATED 12/07/2021.

Exhibit P3 TRUE COPY OF APPEAL DATED 27/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.