Fathima Anshi U. K vs The Assistant Educational ...
2021 Latest Caselaw 5096 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                        WP(C).No.3469 OF 2021(G)


PETITIONER:

                FATHIMA ANSHI U. K.
                AGED 22 YEARS
                D/O. RESAK U. K., UMMINIKADAVATH HOUSE, MATTATHOOR P.
                O., OTHUKKUNGAL, KAIPPATTA, MALAPPURAM DISTRICT, PIN
                - 676 528.

                BY ADV. SRI.R.RAMADAS

RESPONDENT/S:

      1         THE ASSISTANT EDUCATIONAL OFFICER
                VENGARA, MALAPPURAM DISTRICT, PIN - 676 304.

      2         K. P. MAMMADKUTTY
                MANAGER, AMLP SCHOOL, KUTTALOOR, O. K. MURI P. O.,
                VENGARA, MALAPPURAM DISTRICT - 676 519.


                SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3469 OF 2021

                                  2




                            JUDGMENT

Dated this the 11th day of February 2021

This writ petition is filed seeking the following reliefs:-

(a) Call for the records of the case, leading upto Ext.P8 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

(b) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to grant necessary approval to the petitioner's appointment as Arabic Teacher in the AMLP School, Kuttaloor in view of Ext.P9 order.

(c) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to reconsider Ext.P3 application submitted by the 2nd respondent seeking approval of petitioner's appointment as Arabic Teacher and to grant necessary approval for the same at the earliest taking into account Ext.P9 Government Order.

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 the petitioner was appointed as Arabic Teacher (Full Time) in

the 2nd respondent's school on 06.06.2019. This Court had WP(C).No.3469 OF 2021

directed the consideration of the claim of the petitioner for

approval, dehors the issue of approval of the Manager.

4. It is stated that pursuant to the interim orders issued by this

Court, the approval for the petitioner's appointment was

considered and rejected by the AEO by Ext.P8 proceedings dated

02.02.2021. However, it is submitted that by Ext.P9 Government

Order dated 06.02.2021, specific directions have been issued

with regard to approval of appointments made in Aided Schools,

during the academic years 2016-17 to 2019-20 and there has

been a direction to reconsider all rejections of approvals on the

basis of the said Government Order. It is submitted by the

learned counsel for the petitioner that if Ext.P9 Government

Order is taken into account, the petitioner would be entitled to

the approval of her appointment from 06.06.2019.

5. It is clear from Ext.P8 that the order was issued on

02.02.2021 and therefore, the rejection would be liable to be

reconsidered, in the light of Ext.P9 order, since the appointment

of the petitioner was in the academic year 2019-20. I am of the

opinion that the rejection of the petitioner's approval by Ext.P8 is WP(C).No.3469 OF 2021

also liable to be reconsidered in accordance with Ext.P9.

In the result, Ext.P8 order is set aside. There will be

direction to the 1st respondent to reconsider the question of

approval of the petitioner's appointment from 06.06.2019, in the

light of Ext.P9 Government Order. Order shall be passed within a

period of one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3469 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE JOINING REPORT SUBMITTED BY THE 2ND RESPONDENT MANAGER BEFORE THE 1ST RESPONDENT DATED 06.06.2019.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 17.06.2019 SUBMITTED BY THE 2ND RESPONDENT MANAGER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ENDORSEMENT DATED 25.06.2019 MADE BY THE 1ST RESPONDENT ON EXT.P3.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.10.2020 IN W.P.(C) NO.21224/2019.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 14.10.2020 IN W.P.(C) NO.14467/2020.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.12.2020 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 02.02.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER G.O.NO.4/2021 DATED 06.02.2021 ISSUED BY THE GOVERNMENT OF KERALA.