Kerala High Court
The Sardar Vallabha Bhai Patel ... vs State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16566 OF 2021
PETITIONER:
THE SARDAR VALLABHA BHAI PATEL MEMORIAL HIGH SCHOOL
PANAYANARKAVU, VADAKKUMTHALA EAST, KARUNAGAPPALLY,
REPRESENTED BY ITS MANAGER.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM AT THEVALLY-691009.
4 THE DISTRICT EDUCATIONAL OFFICER
CIVIL STATION, KOLLAM-691013.
5 THE HEADMASTER
SARDAR VALLABHA BHAI PATEL MEMORIAL HIGH SCHOOL,
PANAYANARKAVU, VADAKKUMTHALA EAST, KARUNAGAPPALLY,
KOLLAM DISTRICT-690536.
SMT. PARVATHY KOTTOL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16566 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) call for the records relating to Exhibits P-1 (a), P-2 (a), P-3
(a), P-4 (a), P-5 (a) and P-6 (a) and set aside the originals of the
same by the issue of a writ of certiorari or other appropriate
writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order
or direction commanding the 4th Respondent to grant approval
to the appointment covered by Exhibits P-1 to P-6 as also the
other appointments made by the Manager against regular
vacancies.
(iii) issue a writ of mandamus or other appropriate writ order
or direction commanding the 4th Respondent to consider and
pass appropriate orders upon Exhibit P-9 after affording an
opportunity of being heard to the Petitioner and the
appointees within a time limit."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. The petitioner, who is the Manager of an aided school had made
appointments in the school in the posts of Upper Primary School
Teachers. It is submitted that pursuant to the Government Order dated
06.02.2021, the petitioner has re-arranged the appointments made by
him and submitted Ext.P9 revised proposal in accordance with the
WP(C) NO. 16566 OF 2021
relevant Government orders and the circular. It is submitted that the
said proposal is liable to be considered by the DEO and appropriate
orders are liable to be passed on the same.
4. Having heard the learned Government Pleader also, there will be a
direction to the 4th respondent to take up Ext.P9 revised proposal
submitted by the petitioner and to consider and pass orders on the same,
taking note of Exts.P10 & P12 Government Orders and Ext.P11 circular as
well. In case there is any requirement for any clarification, the petitioner
as well as the teachers shall be put on notice and heard by the 4 th
respondent. Orders shall be passed, at any rate, within six weeks from
the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 16566 OF 2021
APPENDIX OF WP(C) 16566/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT OF SMT.NISHA.S.
DATED14.06.2018.
Exhibit P1(A) TRUE COPY OF THE LETTER NO.B5/4310/18/K.DIS
DATED 11.03.2019 F THE DEO, KOLLAM.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF
SRI.VISHNU V.S. DATED 14.06.2018.
Exhibit P2(A) TRUE COPY OF THE LETTER NO.B5/4311/2018/K.DIS
DATED 14.03.2019 OF THE DEO, KOLLAM.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF
AMT.SREEJA A. DATED 06.06.2019.
Exhibit P3(A) TRUE COPY OF THE ORDER NO.B5/17052/2019 DATED
02.12.2019 OF THE DEO, KOLLAM.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT.AMPILI S. VALLIYATH DATED 06.06.2019.
Exhibit P4(A) TRUE COPY OF THE ORDER NO.B5/17051/2019 DATED
02.12.2019 OF THE DEO, KOLLAM.
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT.KRIPA PHILIP DATED 06.06.2019.
Exhibit P5(A) TRUE COPY OF THE ORDER NO.B5/15778/2019 OF
DEO, KOLLAM.
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT.AKHILA P.S. DATED 06.06.2019.
Exhibit P6(A) TRUE COPY OF THE ORDER NO.B5/15776/2019 DATED
15.11.2019 OF DEO, KOLLAM.
Exhibit P7 TRUE COPY OF THE DECLARATION OF THE MANAGER
DATED 20.10.2020.
WP(C) NO. 16566 OF 2021
Exhibit P8 TRUE COPY OF THE DECLARATION OF THE MANAGER
DATED 20.10.2020.
Exhibit P9 TRUE COPY OF THE PETITION ADDRESSED TO THE
DEO, KOLLAM DATED 20.10.2020.
Exhibit P10 TRUE COPY OF THE G.O (P) NO. 3/2019/G.EDN
DATED 28/10/2019.
Exhibit P11 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN
DATED 08.03.2019 OF THE GOVERNMENT.
Exhibit P12 TRUE COPY OF THE G.O (P) NO.4/2021/G.EDN
DATED 06.02.2021 OF THE GOVERNMENT.
RESPONDENT'S/S EXHIBITS: NIL
