P.V.Ajithakumari vs State Of Kerala
2021 Latest Caselaw 4381 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        WP(C).No.3017 OF 2021(B)


PETITIONER:

                P.V.AJITHAKUMARI
                AGED 57 YEARS
                WIFE OF VIJAYAN, FORMER HEADMISTRESS,
                MAMBARAM UP SCHOOL, THALASSERY NORTH,
                KANNUR DISTRICT-670741, (RESIDING AT GOVINDAM,
                PATHAYAKUNNU, THALASSERY-670691).

                BY ADVS.
                SRI.V.A.MUHAMMED
                SRI.M.SAJJAD

RESPONDENT/S:

      1         STATE OF KERALA,
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
                GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
                THIRUVANANTHAPURAM-695001.

      2         THE DIRECTOR OF GENERAL EDUCATION,
                JAGATHY, THIRUVANANTHAPURAM-695014.

      3         THE DISTRICT EDUCATIONAL OFFICER,
                THALASSERY, KANNUR DISTRICT-670101.

      4         THE ASSISTANT EDUCATIONAL OFFICER,
                THALASSERY NORTH, KANNUR DISTRICT-670101.

      5         THE MANAGER,
                MAMBARAM UP SCHOOL, MAMBARAM,
                KANNUR DISTRICT-670741.

                SR GP, NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3017 OF 2021

                                          2



                                  JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-2 and P-3 and set aside the originals of the same by the issue of a writ of certiorari or other writ or order.

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to grant approval to the appointment of the Petitioner as Headmistress w.e.f. 01.04.2020.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass orders on Exhibit P-7 within a time limit with notice to 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

against the rejection of approval for appointment to the post of

Headmistress, the petitioner has approached the Government with

Ext.P7 revision petition and the same is liable to be considered in

accordance with law.

4. Having heard the learned Government Pleader also, there will be WP(C).No.3017 OF 2021

a direction to the 1st respondent to take up and consider Ext.P7

revision petition preferred by the petitioner, with notice to the

petitioner and the Manager as well as any other affected parties, and

to pass orders thereon 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 NP WP(C).No.3017 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROPOSAL FOR APPOINTMENT DATED NIL.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.F/3716/2020 DATED 28.9.2020 OF THE AEO.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B5/193196/2020 DATED 15.11.2020 OF THE DEO, THALASSERY.

EXHIBIT P4 TRUE COPY OF THE SENIORITY LIST DATED 1.3.2020 OF THE STAFF OF THE SCHOOL.

EXHIBIT P5 TRUE COPY OF THE G.O.(P) NO.19/2020/G.EDN. DATED 23.12.2020.

EXHIBIT P6 TRUE COPY OF THE G.O.(P) NO.1/2021/G.EDN.

DATED 5.1.2021.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 06.1.2021.

RESPONDENT'S/S EXHIBITS: NIL