C.Nirmalan vs The State Of Kerala
2021 Latest Caselaw 4481 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                        WP(C).No.3118 OF 2021(L)


PETITIONER:

                C.NIRMALAN
                AGED 54 YEARS
                SON OF NARAYANAN, HEADMASTER, MAMBARAM UP SCHOOL,
                THALASSERY NORTH, KANNUR DISTRICT-670 741, RESIDING
                AT NIVEDYAM, KOLAYAD P.O., KANNUR-670 650.

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

RESPONDENT/S:

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

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

      3         THE DISTRICT EDUCATIONAL OFFICER,
                THALASSERY, KANNUR DISTRICT-670 101.

      4         THE ASSITANT EDUCATIONAL OFFICER,
                THALASSERY NORTH, KANNUR DISTRICT-670 101.

      5         THE MANAGER, MAMBARAM UP SCHOOL,
                MAMBARAM, KANNUR DISTRICT-670 741.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3118 OF 2021
                                   2




                            JUDGMENT

Dated this the 8th 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 4 th Respondent to grant approval to the appointment of the Petitioner as Headmaster w.e.f. 01.06.2020

(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-6 duly taking note of Exhibits P-5 and P-5(a) within a time limit and with notice to the Petitioner.

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

that the petitioner has preferred Ext. P6 revision petition before

the Government with regard to the approval of appointment of

the petitioner as Headmaster with effect from 01.06.2020 on a

regular basis.

3. Having heard the learned Government Pleader also, WP(C).No.3118 OF 2021

there will be a direction to the respondents to take up, consider

and pass appropriate orders on Ext. P6 revision petition having

due regard to Exts.P5 and P5(a) as well. Orders shall be passed

within a period of three months from the date of receipt of the

copy of this judgment, after hearing the petitioner as well as the

Manager and any other person likely to be affected, through any

appropriate means, including through video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3118 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/3861/2020 DATED 28.09.2020 OF THE AEO.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B5/193122/2020 DATED 15.11.2020 OF THE DEO, THALASERY.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.F/1400(1)/2020 K.DIS DATED 10.08.2020.

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

DATED 23.12.2020.

EXHIBIT P5 A TRUE COPY OF THE GO(P) NO.1/2020/G.EDN DATED 05.01.2021.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 07.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT (WITHOUT EXHIBITS).