Manager vs State Of Kerala
2021 Latest Caselaw 5381 Ker

W.P.(C).No.3778/2021
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.3778 OF 2021(V)


PETITIONER:

                MANAGER, NADVATHUL ISLAM UP SCHOOL
                P.O NADVATH NAGAR, ALAPPUZHA DISTRICT 688 526

                BY ADV. SRI.P.M.PAREETH

RESPONDENTS:

        1       STATE OF KERALA
                REPREENTED BY SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001

        2       DIRECTOR OF GENERAL EDUCATION,
                JAGATHY, THIRUVANANTHAPURAM 695 014

        3       DISTRICT EDUCATIONAL OFFICER,
                CHERTHALA, ALAPPUZHA DISTRICT 688 524

        4       ASSISTANT EDUCATIONAL OFFICER,
                THURAVOOR, ALAPPUZHA DISTRICT 688 532


OTHER PRESENT:

                T RAJASEKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.3778/2021
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                          ANU SIVARAMAN, J.
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                        W.P.(C).No.3778 of 2020
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                Dated this the 15th day of February, 2021

                               JUDGMENT

1. The writ petition is filed seeking the following reliefs:-

"1) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Exhibit P2 and P2(a) and quash the same.

2) A writ of mandamus or other appropriate writ, direction or order commanding the respondents to approve the appointment of Smt.Aneesha E.Bava and Sri.Mohammed Fahiz as UPST w.e.f. 06.06.2019 as per Exhibits P1 and P1(a) appointment orders issued by the petitioner within a time frame.

3) A direction to the second respondent to consider and pass orders on Exhibits P3 and P3(a) revision petitions and Exhibits P4 and P4(a) applications for condonation of delay, submitted by the petitioner within a time frame after hearing the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted that the petitioner, who is the Manager of an

aided school has preferred Exhibits P3 and P3(a) revision W.P.(C).No.3778/2021

petitions under Rule 8A of Chapter XIVA KER against the

order of the AEO refusing to approve the appointment of

Smt.Aneesha E.Bava and Sri.Mohammed Fahiz as UPST w.e.f.

06.06.2019 in the school. It is submitted that the said revision

petitions have been filed along with Exhibits P4 and P4(a)

applications for condonation of delay and the same are liable

to be considered in accordance with law.

4. Having heard the learned Government Pleader also, there will

be a direction to the 2nd respondent to take up Exhibits P3 and

P3(a) revision petitions and Exhibits P4 and P4(a) applications

for condonation of delay with notice to the petitioner as well

as the concerned teachers and after hearing them, within a

period of two months from the date of receipt of a copy of this

judgment. It is made clear that the hearing, as directed, can

be conducted through any appropriate means, including

through video conferencing.

The writ petition is ordered accordingly.

Sd/-

Anu Sivaraman, Judge

sj W.P.(C).No.3778/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 06-06-2019 IN RESPECT OF SMT. ANEESHA E. BAVA

EXHIBIT P1 A A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 06-06-2019 IN RESPECT OF SRI MOHAMMED FAHIZ UPST

EXHIBIT P2 A TRUE PHOTO COPY OF THE ORDER NO.

C/2610/2020 DATED 19-10-2020 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF SMT. ANEESHA E. BAVA

EXHIBIT P2 A A TRUE PHOTO COPY OF THE ORDER NO.

C/2612/2020 DATED 04-05-2020 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF SRI. MOHAMMED FAHIZ

EXHIBIT P3 A TRUE PHOTOCOPY OF THE REVISION DATED 02-02-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN RESPECT OF SMT. ANEESHA E.BAVA

EXHIBIT P3 A A TRUE PHOTOCOPY OF THE REVISION DATED 02-02-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN RESPECT OF SRI MOHAMMED FAHIZ

EXHIBIT P4 A TRUE PHOTOCOPY OF THE APPLICATION DATED 02-02-2021 FOR CONDONATION OF DELAY SUBMITTED BEFORE THE 2ND RESPONDENT IN RESPECT OF SMT. ANEESHA E. BAVA

EXHIBIT P4 A A TRUE PHOTOCOPY OF THE APPLICATION DATED 02-02-2021 FOR CONDONATION OF DELAY SUBMITTED BEFORE THE 2ND RESPONDENT IN RESPECT OF SRI MOHAMMED FAHIZ.

True copy

PS to Judge