Sojan Joseph vs State Of Kerala
2021 Latest Caselaw 5709 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                        WP(C).No.3889 OF 2021(I)


PETITIONER:

                SOJAN JOSEPH
                AGED 55 YEARS
                S/O.P.K.JOSEPH, UPSA, ST.THOMAS U.P.SCHOOL,
                KARUKUTTY, (VIA) ANGAMALY, ERNAKULAM DISTRICT.

                BY ADV. DR.GEORGE ABRAHAM

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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

      3         ASSITANT EDUCATIONAL OFFICER,
                ERNAKULAM-682 011.

      4         CORPORATE MANAGER,
                SACRED HEART CORPORATE EDUCATIONAL AGENCY OF CMI
                SCHOOLS, RAJAGIRI, KALAMASSERY, ERNAKULAM-683 104.

      5         LILLY JOSEPH,
                HEADMISTRESS, ST.THOMAS U.P.SCHOOL, KARUKUTTY, (VIA)
                ANGAMLY, ERNAKULAM DISTRICT-683 576.

      6         MATHEW.V.J.
                HEADMASTER, ST.MARY'S U.P.SCHOOL, THEVARA, ERNAKULAM-
                682 013.


                SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3889 OF 2021

                                  2




                            JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) to issue a Writ of certiorari, or any other appropriate writ, order or direction, to quash Exhibit P-7 and P8 orders issued by the 3 rd and 4th respondents.

(ii) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the respondents 1 to 4 to appoint the petitioner as Headmaster of St.Thomas UP School, Karakutty, Angamaly with effect from 01.04.2020.

(iii) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the 4th respondent to unseat the 6 th respondent from the post Headmaster of St.Thomas UP School, Karakutty, since he is not qualified to be promoted as Headmaster of the school.

(iv) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the 1st respondent to consider Exhibit P-9 revision submitted by the petitioner within a shortest possible time.

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

Government Pleader. Notice has been taken by e-mail to

respondents 4 to 6.

WP(C).No.3889 OF 2021

3. The substantial prayer sought for by the learned counsel for

the petitioner is only for a consideration of Ext.P9 revision

petition submitted without delay, since the petitioner is due to

retire from service on 31.03.2021.

Having heard the learned counsel on either side, I am of the

opinion that Ext.P9 revision is liable to be considered in

accordance with law without delay, after hearing the petitioner as

well as respondents 4 to 6. There will, accordingly, be a

direction to the 1st respondent to take up, consider and pass

orders on Ext.P9 revision petition preferred by the petitioner,

with notice to the petitioner as well as respondents 4 to 6 at the

earliest, at any rate, within six weeks 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.3889 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE CORPORATE EDUCATIONAL AGENCY ON 28.01.2017.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 21.06.1999.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE DATED 28.06.2003.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.10.2011 ISSUED BY THE GOVERNMENT OF INDIA.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 05.07.2017 OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.

EXHIBIT P6 TRUE COPY OF ORDER PASSED BY THE MINORITY COMMISSION DATED 21.09.2011.

EXHIBIT P7 TRUE COPY OF THE MINUTES PREPARED BY THE EDUCATIONAL AGENCY DATED 27.03.2020.

EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER DATED 24.08.2020.

EXHIBIT P9 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 19.01.2021.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.16391/2020 DATED 15TH JANUARY, 2021.