Smt.Yogi Rakhee Manohar vs State Of Kerala
2021 Latest Caselaw 3925 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                   WP(C).No.2764 OF 2021(U)

PETITIONER :-

            SMT.YOGI RAKHEE MANOHAR, AGED 43 YEARS
            W/O.SHAJITH, UPST,
            ANJARAKANDY HIGHER SECONDARY SCHOOL,
            P.O.MAMBA, KANNUR DISTRICT,
            RESIDING AT MURESHALAYAM, KUZHIMBALODE,
            P.O.ANJARAKKANDY, KANNUR DISTRICT.

            BY ADVS.
            SRI.M.SASINDRAN
            SRI.V.VENUGOPAL

RESPONDENTS :-

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

      2     THE DIRECTOR GENERAL OF EDUCATION
            DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM - 695 014.

      3     THE DEPUTY DIRECTOR OF EDUCATION
            KANNUR - 670 001.

      4     THE DISTRICT EDUCATIONAL OFFICER
            KANNUR - 670 001.

      5     THE MANAGER
            ANJARAKKANDY HIGHER SECONDARY SCHOOL,
            P.O.MAMBA - 670 611, KANNUR DISTRICT.

            SRI.T.RAJASEKHARAN NAIR, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2764 OF 2021(U)

                                  -: 2 :-


                             JUDGMENT

Dated this the 3rd day of February, 2021

The petitioner, who was appointed as UPST by Ext.P2 order has

approached this Court challenging the rejection of Ext.P6 revision

petition filed by the Manager by Ext.P8 communication dated

24.12.2020. It is submitted by the learned counsel for the petitioner

that Ext.P6 was a revision petition preferred by the Manager under

Rule 92 Chapter XIV A KER. The rejection by Ext.P8, which is only a

communication issued by the Under Secretary to the Manager is

completely untenable, it is submitted. It is further submitted that in

Ext.P12 order issued by the Government on 22.1.2020, an identically

situated person had been given the benefit and appointments had

been approved on the ground that the provisions of Rule 3 of Chapter

XXXI of the KER are liable to be looked into with regard to the

qualifications for appointment as UPST.

2. Having considered the contentions advanced on either

side, I am of the opinion that the rejection of Ext.P6 revision petition

preferred by the Manager by Ext.P8, which is only a communication

addressed to the Manager and which does not answer the

requirements of a Government Order in terms of Article 166(2) of the

Constitution of India is completely untenable. Further, Ext.P8 is a WP(C).No.2764 OF 2021(U)

non-speaking order and the Government cannot, in exercise of its

revisional power, pass a communication in the nature of Ext.P8.

In the above circumstances, I am of the opinion that the

revision petition preferred by the Manager is liable to be considered

in accordance with law by the Government, with notice to the

petitioner as well as the Manager and an appropriate speaking order

is liable to be passed by the Government. The petitioner as well as

the Manager shall be heard through any appropriate means including

video conferencing and Ext.P12 order produced by the petitioner in

this writ petition shall also be taken note of before orders are passed.

The petitioner shall produce a copy of this writ petition along with a

copy of this judgment before the 1st respondent for compliance.

Orders shall be passed 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

Jvt/9.2.2021 WP(C).No.2764 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS JPSA ON DAILY WAGE BASIS WHICH HAS BEEN APPROVED BY THE EDUCATIONAL AUTHORITY.13/11/2018.

EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2018 ISSUED BY THE 5TH RESPONDENT MANAGER.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 5/10/2018 VIDE ORDER NO.

B2/2710/2018 ISSUED BY THE 4TH RESPONDENT DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P4 A TRUE COPY OF THE PASSED BY THE 3RD RESPONDENT VIDE NO. B2/22181/2018/2018.K DIS DATED 19/1/2019.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO. EM4/2957/2019/DGE/K.DIS DATED 15/2/2020 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION FOR AND ON BEHALF OF THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE STATUTORY REVISION DATED 28/2/2020 FILED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE DATED 29/3/2019 CLEARING THE KTET EXAMINATION FOR UPPER PRIMARY CLASSES.

EXHIBIT P7(a) A TRUE COPY OF THE CERTIFICATE DATED 29/3/2019 CEARING KTET EXAMINATION FOR HIGH SCHOOL CLASSES.

EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 24/12/2020 VIDE NO.463/TI/2020/G.EDN ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE GO(RT) NO. 534/2002/G.EDN DATED 19/3/2002.

EXHIBIT P10 A TRUE COPY OF THE GO(MS) NO. 67/2018/G.EDN DATED 22/5/2018.

EXHIBIT P11 A TRUE COPY OF THE CERTIFICATE OF THE PETITIONER IN RESPECT OF BAHCELOR OF ARTS.

EXHIBIT P11(a) A TRUE COPY OF THE CERTIFICATE OF THE PETITIONER IN RESPECT OF BAHCELOR OF EDUCATION.

EXHIBIT P12 A TRUE COPY OF THE GO(RT) NO 424/2020/G.EDN DATED 22/1/2020 ISSUED BY THE 1ST RESPONDENT.