The Manager vs State Of Kerala
2021 Latest Caselaw 24054 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
                       WP(C) NO. 30779 OF 2021
PETITIONER:

           THE MANAGER
           SEVA MANDHIR POST BASIC, HIGHER SECONDARY
           SCHOOL, RAMANATTUKARA, KOZHIKODE-673 632.
           BY ADVS.
           K.JAJU BABU (SR.)
           M.U.VIJAYALAKSHMI
           BRIJESH MOHAN


RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.
    2          THE DIRECTOR OF GENERAL EDUCATION
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695 014.
    3          THE DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               MANANCHIRA, KOZHIKODE-673 001.
    4          THE DISTRICT EDUCATIONAL OFFICER
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
               PAVAMANI ROAD, KOZHIKODE-673 004.
               GP-SMT. PARVATHY K.
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   28.12.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30779 OF 2021
                                 ..2..
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                      JUDGMENT

The petitioner is the Manager of an aided school,

namely, Seva Mandhir Post Basic Higher Secondary School,

Ramanattukara, Kozhikode. During the academic year

2018-19, the District Educational Officer sanctioned 30

divisions for the school as per Ext.P1. However, during the

year 2019-20, by Ext.P6, the number of divisions were

reduced to 25, three teachers were deployed and salary of

four teachers were directed to be stopped. The petitioner

preferred appeal against Ext.P6 and the 3rd respondent, as

per Ext.P8 order, allowed the appeal and restored the entire

30 divisions during the academic year 2019-2020.

However, the 3rd respondent as per Ext.P9 objected to the

grant of 30 divisions sanctioned during 2018-19 stating that

the same is issued on the basis of a fitness certificate issued

on 2018-19. The petitioner preferred an appeal against

Exts.P9 and the 2nd respondent by Ext.P10 rejected the

same against which Ext.P11 revision was preferred before

the Government.

2. According to the petitioner, the Government has WP(C) NO. 30779 OF 2021 ..3..

,

not so far considered Ext.P11 and in the meantime, coercive

steps are taken against the Headmistress of the school and

the management. The prayer of the writ petitioner is for a

direction to the first respondent to consider and pass orders

on Ext.P11 revision petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. Ext.P11 is the statutory

revision petition preferred by the petitioner before the

Government.

4. There will be a direction to the first respondent to

consider Ext.P11, after issuing notice to the petitioner. The

1st respondent shall consider and dispose of Ext.P11 within

a period of two months from the date of receipt of a copy of

this judgment. In the meantime, no coercive steps shall be

taken pursuant to Ext.P9.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN , JUDGE

kkj WP(C) NO. 30779 OF 2021 ..4..

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APPENDIX OF WP(C) 30779/2021

PETITIONER EXHIBITS Exhibit P1 COPY OF THE STAFF FIXATION ORDER VIDE NO.B4/3536/2018 DATED 3.7.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 COPY OF THE OCCUPANCY CERTIFICATE DATED 26.7.2018 ISSUED BY THE RAMANATTUKARA MUNICIPALITY.

Exhibit P3 COPY OF THE FITNESS CERTIFICATE DATED 7.1.2019 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER LSGD SUB DIVISION, KOZHIKODE TO THE PETITIONER.

Exhibit P4 COPY OF THE LETTER VIDE NO.B4/6743/18(3) DATED 18.6.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P5 COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P6 COPY OF THE ORDER NO.B4/49380/2019 DATED 20.7.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 COPY OF THE APPEAL DATED 25.7.19 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 COPY OF THE ORDER NO.B5/60510/2019 DATED 26.9.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 COPY OF THE ORDER NO.B5/23230/2018(1) DATED 3.3.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P10 COPY OF THE ORDER NO.R.A(4)/10677/ 20208DPI/ DDS DATED 14.7.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P11 COPY OF THE REVISION PETITION DATED 30.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.