Sreekala B vs State Of Kerala
2021 Latest Caselaw 17457 Ker

WP(C) NO. 15227 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                    WP(C) NO. 15227 OF 2021
PETITIONERS:

    1     SREEKALA B.,
          AGED 54 YEARS
          W/O. ADV. S.S. PILLAI, RESIDING AT NAMPIATH, KAITHA
          NORTH, CHETTIKULANGARA P.O., ALAPPUZHA-690106, AND
          WORKING AS HSST (PHYSICS) AND PRINCIPAL IN CHARGE,
          HSS, CHETTIKULANGARA, CHETTIKULANGARA P.O.,
          ALAPPUZHA-690106.

    2     SREELEKHA K.P.,
          AGED 46 YEARS, W/O. AJAYAKUMAR V., RESIDING AT
          ARATHALIL KIZHAKKATHIL, KALLUMOODU, KAYAMKULAM,
          ALAPPUZHA-690502, AND WORKING AS HSST (MATHS) AND
          PRINCIPAL IN CHARGE, M.K.A.M. H.S.S. PALLANA,
          ALAPPUZHA-688561.

    3     MOHAMED SABIR SAHIB A.,
          AGED 46 YEARS, S/O. ABDUL SHUKKOOR A., RESIDING AT
          INCHACKAL DARUNNAJATH, NORTH OF SHAHEEDAR MASJID,
          KAYAMKULAM P.O., ALAPPUZHA-690502, AND WORKING AS
          HIGHER SECONDARY SCHOOL TEACHER (HSST) SELECTION
          GRADE (PHYSICS) LAJNATHUL MUHAMMADIYA HSS, ALAPPUZHA-
          688012.

    4     PRABHATH B.,
          AGED 40 YEARS, S/O. BALACHANDRAN PILLAI, RESIDING AT
          PULARI, PADA SOUTH, KARUNAGAPPALLY, KOLLAM-690518,
          AND WORKING AS, SENIOR MOST HIGHER SECONDARY SCHOOL
          TEACHER (HSST) PHYSICS AND PRINCIPAL IN CHARGE,
          VISWABHARATHI MODEL HSS, KRISHNAPURAM, KAYAMKULAM,
          ALAPPUZHA-690533.

          BY ADVS.
          DIPU.R
          K.S.BAIJU
          DEVI KRIPA R.
          P.V.SARITHA VENUGOPAL
          DHANYA BABU
          P.A.PRIYA
          NEETHU SASI
 WP(C) NO. 15227 OF 2021      2



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
          EDUCATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTAHAPURAM-695001.

    2     DIRECTOR GENERAL OF EDUCATION (DGE) FORMERLY DIRECTOR
          OF PUBLIC INSTRUCTIONS) [HIGHER SECONDARY WING]
          OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM - 695014.




          SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15227 OF 2021                 3

                                  JUDGMENT

The petitioners state that they are working as Higher Secondary School

Teachers in various aided Higher Secondary Schools in the State and they all

aspire for promotion to the post of Principal in the respective Higher Secondary

Schools. In fact, petitioners 1, 2 and 4 are at the moment, holding charge as

the Principal in the respective schools. The petitioners contend that the

promotion to the post of Principal in Higher Secondary Schools, as per Ext.P1

Special Rules and the Kerala Education Rules, is by promotion from HSST and

by transfer from qualified Headmasters of Aided High Schools under the

respective educational agency in the ratio 2:1. According to them, the 2nd

respondent has in fact submitted Ext.P3 proposal before the 1st respondent

seeking to amend the Special Rules by making the Principal post in the Higher

Secondary Schools as the promotion post of HSST. The petitioners contend

that the 1st respondent has not acted upon Ext.P3 proposal till date. In the

said circumstances, the petitioners have individually preferred Exts.P11 to P14

representations before the 1st respondent. However, though the

representations were filed in the month of June, 2021 and thereafter, no action

has been taken. It is in the afore circumstances that the petitioners are before

this Court seeking directions.

2. I have heard Sri. Dipu R., the learned counsel appearing for the

petitioners and Sri. Bijoy Chandran, the learned senior Government Pleader.

3. The learned Government Pleader submitted that as the limited

prayer of the petitioners is for expeditious consideration of the representations,

he has no serious objection.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of by issuing the

following directions:

a) Without expressing any opinion on the merits of the assertions made in Exts.P11 to P14 representations, there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exts.P11 to P14, after affording an opportunity of being heard, either physically or virtually, to the respective petitioners herein or their authorised representatives.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 15227/2021

PETITIONERS' EXHIBITS:

Exhibit P1 THE TRUE COPY OF SPECIAL RULES FOR THE KERALA HIGHER SECONDARY EDUCATION STATE SERVICE.

Exhibit P2 THE TRUE COPY OF GO(MS) NO.290/2006/G.EDN, DATED 02/12/2006.

Exhibit P3 THE TRUE COPY OF COMMUNICATION WITH NO.

ACDC1/80725/2018/HSE, DATED 16/07/2018.

Exhibit P4 THE TRUE COPY OF ORDER IN OA NO. 280/2021 DATED 03/02/2021.

Exhibit P5 THE TRUE COPY OF REPRESENTATION DATED 25/06/2021, SUBMITTED BY THE AHSTA BEFORE THE HON'BLE EDUCATION MINISTER.

Exhibit P6 THE TRUE COPY OF REPRESENTATION DATED 06/07/2021 SUBMITTED BY KHSTU BEFORE HON'BLE EDUCATION MINISTER.

Exhibit P7 THE TRUE COPY OF REPRESENTATION DATED 22/06/2021, SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

Exhibit P8 THE TRUE COPY OF REPRESENTATION DATED 25/06/2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

Exhibit P9 THE TRUE COPY OF REPRESENTATION DATED 06/07/2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

Exhibit P10 THE TRUE COPY OF REPRESENTATION DATED 16/06/2021 SUBMITTED BY THE 4TH PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

Exhibit P11 THE TRUE COPY OF REPRESENTATION DATED 31.07.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE 1ST RESPONDENT

Exhibit P12 THE TRUE COPY OF REPRESENTATION DATED 30.07.2021 SUBMITTED BY THE 2ND PETITIONER

BEFORE 1ST RESPONDENT

Exhibit P13 THE TRUE COPY OF REPRESENTATION DATED 31.07.2021, SUBMITTED BY THE 3RD PETITIONER BEFORE 1ST RESPONDENT

Exhibit P14 THE TRUE COPY OF REPRESENTATION DATED 31.07.2021, SUBMITTED BY THE 4TH PETITIONER BEFORE 1ST RESPONDENT

Exhibit P15 POSTAL RECEIPTS

RESPONDENTS' EXHIBITS:

NIL