Kerala High Court
U.Muhsina vs The State Of Kerala on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.1414 OF 2021(B)
PETITIONER:
U.MUHSINA
AGED 33 YEARS
W/O. NOUSHAD K.M, LG URDU TEACHER, U.A.H.M.U.P
SCHOOL, OMANUR, MALAPPURAM DISTRICT-673 645
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
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 DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM-676 519
4 THE DISTRICT EDUCATION OFFICER,
MALAPPURAM-676 505
5 THE ASSISTANT EDUCATION OFFICER,
KIZHISSERY, MALAPPURAM-673 641
6 THE MANAGER,
U.A.H.M.U.P SCHOOL, OMANUR,
MALAPPURAM DISTRICT-673 645
7 THE HEAD MASTER,
U.A.H.M.U.P SCHOOL, OMANUR,
MALAPPURAM DISTRICT-673 645
T RAJASEKHARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1414 OF 2021(B)
2
JUDGMENT
Dated this the 9th day of February 2021
This writ petition is filed seeking the following reliefs:
"(i) call for the records relating to Exhibits P9, 10 &
P15 and set aside the originals of the same to the extent it
failed to sanction the admissible division and LG Urdu Full
Time Post to the School issue of a writ or certiorari or other
appropriate writ or order.
(ii) issue a writ of mandamus or other
appropriate writ order or direction commanding the
Respondent to sanction the admissible division and post
including LG Urdu Full Time Post in the School taking into
account the students strength and accommodation for the
academic years 2012.-13 and 2013-14.
(iii) call for the records relating to Exhibit P2 and
quash the same to the extent it failed to approve the
appointment of the Petitioner w.e.f 01.03.2013 onwards by
the issue of a writ of certiorari or other appropriate writ or
order.
(iv) issue a writ of mandamus or other appropriate
writ order or direction commanding the Respondents to
approve the appointment of the Petitioner covered in
Exhibit P2 w.e.f 01.03.2013 onwards with all consequential
benefits."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader. In the light of the directions being issued,
notice to respondents 6 and 7 is dispensed with.
WP(C).No.1414 OF 2021(B)
3. It is submitted by the learned counsel for the petitioner that
Ext.P15 order has been issued by the Government without putting
the petitioner on notice and without hearing her. It is further
submitted that the finding in Ext.P15, is almost entirely in favour of
the petitioner. However, the relief sought for has been declined on
no grounds whatsoever. It is submitted that the prayer in Ext.P14
was specifically for approval of the appointment of the petitioner
from 01.03.2013 in a Full Time Post of Urdu Teacher available in the
School. It is submitted that though it was found in Ext.P15 that there
was a Part Time Post available in 2013-14 and a Full Time Post
available from 2014-15 no relief whatsoever has been granted to the
petitioner. It is submitted that Ext.P15 is therefore vitiated by
absolutely want of application of mind and is issued without hearing
the Manager or the petitioner.
4. The learned Government Pleader also submits, on
instructions, that the petitioner was not heard before Ext.P15 order
was passed.
5. Having considered the contentions advanced, I am of the
opinion that the issue requires a reconsideration at the hands of the
WP(C).No.1414 OF 2021(B)
Government, taking note of the admitted factual situation and after
hearing the Manager as well as the petitioner.
In the above view of the matter, Ext.P15 order is set aside.
There will be a direction to the 1st respondent to consider Ext.P14
revision petition preferred by the Manager with notice to the
petitioner as well as the Manager and to pass orders thereon after
hearing the parties through any appropriate means including
through video conferencing within a period of two weeks from the
date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.1414 OF 2021(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 04.06.2012 ALONG
WITH APPROVAL RECORDED THEREON.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.03.2013 ALONG
WITH APPROVAL RECORDED THEREON.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.
B/1964/2012/K.DIS DATED 06.06.2013 OF
THE ASSISTANT EDUCATIONAL OFFICER,
KIZHISSERI.
EXHIBIT P4 TRUE COPY OF THE APPEAL MEMORANDUM FILED
BY THE MANAGER BEFORE THE DEO, DATD
24.06.2013.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE DISTRICT
EDUCATIONAL OFFICER VIDE NO.
B1/4241/2013/K.DIS DATED 31.10.2013.
EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED
BY THE MANAGER BEFORE THE 2ND RESPONDENT
DATED 26.11.2013.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.
G2/45230/14/DPI/K.DIS DATED 18.02.2015
OF THE DIRECTOR.
EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER NO.
961323/S2/16/G.EDN DATED 01.12.2016.
EXHIBIT P9 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2012-13 ODER NO.
D.DIS/B/2720/2016(2) DATED 28.04.2016 OF
THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2013-14 ORDER NO.
D.DIS/B/2720/2016(3) DATED 28.04.2016 OF
THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE G.O(RT) NO.
305/2020/G.EDN DATED 17.01.2020.
WP(C).No.1414 OF 2021(B)
EXHIBIT P12 TRUE COPY OF THE ORDER NO.
B3/20337/2016/K.DIS DATED 05.01.2017 OF
THE 3RD RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
20919/2015 DATED 10.12.2015 OF THIS
HON'BLE COURT.
EXHIBIT P14 TRUE COPY OF THE REVISION FILED BY THE
MANAGER BEFORE THE GOVERNMENT DATED
02.07.2018.
EXHIBIT P15 TRUE COPY OF THE G.O(RT) NO.
880/2020/G.EDN. DATED 19.02.2020.
