Kerala High Court
K.Nisha vs State Of Kerala on 13 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 16806 OF 2021
PETITIONERS:
1 K. NISHA
AGED 31 YEARS
LPSA, AMLP SCHOOL, KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
2 SHILPA SHANKER,
LPSA, AMLP SCHOOL,
KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
3 M. K. SHABEERALI,
LPSA, AMLP SCHOOL,
KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
4 C.S DEEPA,
LPSA, AMLP SCHOOL,
KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
5 K. ANUSHREE,
LPSA, AMLP SCHOOL,
KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
BY ADV DR. GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
WP(C) NO.16806 OF 2021
2
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
DOWNHILL, MALAPPURAM - 676 519.
4 DISTRICT EDUCATIONAL OFFICER,
B2 BLOCK, CIVIL STATION,
MALAPPURAM - 676 505.
5 ASSISTANT EDUCATIONAL OFFICER,
MANKADA, MALAPPURAM - 676 503.
6 MANAGER, AMLP SCHOOL,
KACHINIKKAD,
MAKKARAPARAMBA P. O,
MALAPPURAM DISTRICT - 676 507.
SMT. PARVATHY KOTTOL - G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.16806 OF 2021
3
JUDGMENT
The petitioners have approached this Court seeking the following
reliefs:-
"(i) to issue a writ of certiorari or any other appropriate
writ, order or direction, to quash Exhibit P3, P-5, P-9, P-11,
P12, P-14, P16, P-17, P-19 and P-20 orders issued by the
Educational authorities.
(ii) to issue a writ of Mandamus; or any other appropriate
writ, order or direction, directing the respondents 1 to 5 to
approve the appointments of the petitioners as LPSAs, based
on the appointment orders issued by the 6 th respondent
Manager.
(iii) to issue a writ of mandamus; or any other appropriate
writ, order or direction, directing the 1st respondent to
consider the Exhibit P-22 to Exhibit P-26 statutory revision
petitions filed by the petitioners, within a shortest possible
time."
2. Heard the learned counsel for the petitioners and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners
that the petitioners have been appointed as LPSAs in the 6 th respondent
school on several dates during the academic years 2016-2017 to 2019-
2020. It is submitted that the approval for their appointments were
WP(C) NO.16806 OF 2021
initially rejected. It is stated that against the orders of rejection, the
petitioners had preferred Exts.P22 to P26 revision petitions before the
Government. It is submitted that they are eligible for approval in view
of the directions contained in G.O(P) No.4/2021/G.Edn. dated
06.02.2021.
4. Having heard the learned Government Pleader also, I am of
the opinion that the revision petitions preferred by the petitioners
before the 1st respondent are liable to be considered in accordance with
law. There will, accordingly, be a direction to the 1 st respondent to
take up, consider and pass orders on Exts.P22 to P26 revision petitions
preferred by the petitioners, with notice to the petitioners as well as
the manager and after hearing them, through any appropriate means,
including video conferencing, within a period of three months from
the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SPR
WP(C) NO.16806 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
1ST PETITIONER DATED 01.06.2017.
EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF THE 1ST
PETITIONER IN THE RETIREMENT VACANCY WITH
EFFECT FROM 06/2019.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE AEO
DATED 1/1/2020.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.19448/2020 DATED 14/10/2020.
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE AEO,
MANKADA DATED 11.01.2021 WITH RESPECT TO
THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE
2ND PETITIONER DATED 02.06.2017.
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
BY THE MANAGER IN FAVOUR OF THE 2ND
PETITIONER DATED 09.01.2020.
EXHIBIT P8 TRUE COPY OF ORDER OF THE ASSISTANT
EDUCATIONAL OFFICER, MANKADA, DATED
26.09.2017.
EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE AEO,
MANKADA DATED 11.08.2020.
EXHIBIT P10 TRUE COPY OF JUDGMENT IN W.P.(C)
No.26185/2020 DATED 26TH DAY OF NOVEMBER,
2020.
EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE DIRECTOR OF GENERAL EDUCATION DATED
18.01.2021.
WP(C) NO.16806 OF 2021
EXHIBIT P12 TRUE COPY OF THE ORDER ISSUED BY THE
DIRECTOR OF GENERAL EDUCATION DATED
19.04.2021.
EXHIBIT P13 TRUE COPY OF APPOINTMENT ORDER DATED NIL
OF THE THIRD PETITIONER.
EXHIBIT P14 TRUE COPY OF THE ORDER ISSUED BY THE AEO
MANKADA DATED 20.03.2020 WITH RESPECT TO
THE THIRD PETITIONER.
EXHIBIT P15 TRUE COPY OF JUDGMENT IN W.P.(C)
NO.625/2021 DATED 11.01.2021.
EXHIBIT P16 TRUE COPY OF THE ORDER PASSED BY THE DEO,
MALAPPURAM DATED 16.02.2021.
EXHIBIT P17 TRUE COPY OF THE ORDER OF THE AEO MANKADA
DATED 26.12.2019.
EXHIBIT P18 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
IN FAVOUR OF THE 4TH PETITIONER DATED
07.06.2019.
EXHIBIT P19 TRUE COPY OF THE ORDER OF THE AEO MANKADA
DATED 31.12.2019 WITH RESPECT TO THE 4TH
PETITIONER.
EXHIBIT P20 TRUE COPY OF THE ORDER OF THE DEO
MALAPPURAM DATED 15.10.2020.
EXHIBIT P21 TRUE COPY OF THE AFFIDAVIT EXECUTED BY
THE MANGER IN TUNE WITH THE GOVERNMENT
ORDER.
EXHIBIT P22 TRUE COPY OF THE REVISION SUBMITTED BY
THE 1ST PETITIONER DATED 05.08.2021.
EXHIBIT P23 TRUE COPY OF THE REVISION PETITION FILED
BY THE 2ND PETITIONER DATED 05.08.2021.
EXHIBIT P24 TRUE COPY OF THE REVISION PETITION FILED
BY THE THIRD PETITIONER DATED 05.08.2021.
EXHIBIT P25 TRUE COPY OF THE REVISION PETITION FILED
BY THE 4TH PETITIONER DATED 05.08.2021.
WP(C) NO.16806 OF 2021
EXHIBIT P26 TRUE COPY OF THE REVISION PETITION FILED
BY THE 5TH PETITIONER DATED 05.08.2021.
RESPONDENTS EXHIBITS: NIL.
