Akhila.A vs State Of Kerala
2021 Latest Caselaw 16979 Ker

            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. 16482 OF 2021
PETITIONER :-

          AKHILA.A., AGED 31 YEARS
          W/O.NIZARUDDEEN.Y., UPSA, M.S.H.S.S. FOR BOYS
          MYNAGAPPALLY, KOLLAM-690 579, RESIDING AT
          NIZAR MANZIL, AYIKUNNAM, SASTHAMCOTTA P.O.,
          KOLLAM-690 521.

          BY ADVS.
          P.NANDAKUMAR
          AMRUTHA SANJEEV


RESPONDENTS :-

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

    2     DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     DEPUTY DIRECTOR OF EDUCATION,
          THEVALLY, KOLLAM-691 009.

    4     DISTRICT EDUCATIONAL OFFICER,
          VIDYA NAGAR, KOLLAM-691 013.

          SMT. PARVATHY KOTTOL, G.P.


     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. 16482 OF 2021
                                  -: 2 :-

                               JUDGMENT

Dated this the 12th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. To call for the records leading to Exhibit P9 and quash the same by the issuance of a Writ of Certiorari. ii. To issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on Exhibit P8 revision petition on merits after hearing the petitioner."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that as against Ext.P7 order, the petitioner had preferred Ext.P8

revision petition before the Government. It is submitted that the

revision has been rejected by Ext.P9 communication addressed to the

petitioner dated 25.4.2021. The learned counsel for the petitioner

submits that the jurisdiction of the Director General of Education

under Rule 8A of Chapter XIVA KER and the Government under Rule

92 of the same Chapter are parallel jurisdictions and that the reason

stated in Ext.P9 is completely unjustifiable.

4. In any view of the matter, since the petitioner has

approached the Government with a revision petition and since the WP(C) NO. 16482 OF 2021

same is maintainable before the Government, I am of the opinion that

the same should have been considered on merits by the Government

instead of issuing a communication in the nature of Ext.P9.

Having heard the learned Government Pleader also, there

will be a direction to the 1 st respondent to take up, consider and pass

orders on Ext.P8 revision petition preferred by the petitioner with

notice to the petitioner and the DEO, who is acting as Manager of the

school and after hearing them through any appropriate means

including video conferencing within three months from the date of

receipt of a copy of this judgment. Ext.P9 which is only a

communication issued to the petitioner shall stand set aside to

facilitate a proper consideration of Ext.P8 revision petition.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/18.8.2021 WP(C) NO. 16482 OF 2021

APPENDIX OF WP(C) 16482/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER DATED 10.06.2019 ISSUED BY THE MANAGER, M.S.H.S.S/. & M.S.G H.S. MYNAGAPALLY, KOLLAM.

Exhibit P2 TRUE COPY OF ORDER NO.B2/11434/2019 DATED 31.10.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF ORDER NO.B3/212125/2020 DATED 15.09.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF GO(P) NO.4/2021/GEDN DATED 06.02.2021.

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 08.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF JUDGMENT DATED 22.03.2021 IN WPC NO.7334 OF 2021.

Exhibit P7 TRUE COPY OF ORDER DATED 29/.03.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF REVISION PETITION DATED 05.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF ORDER DATED 25.04.2021 ISSUED BY THE 1ST RESPONDENT.