Manager vs State Of Kerala
2021 Latest Caselaw 6604 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4810 OF 2021(A)


PETITIONER:

               MANAGER
               C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL,
               OZHUR, VELLACHAL P.O., MALAPPURAM DISTRICT-676 106

               BY ADVS.
               SRI.M.R.ANISON
               SMT.V.BHARGAVI (PANANGAD)
               SMT.P.A.RINUSA

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695 001

      3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
               EDUCATION,
               B2 BLOCK, CIVIL STATION, MALAPPURAM-676 505

      4        THE DISTRICT EDUCATIONAL OFFICER,
               THIRURANGADI-676 306

      5        N.K.SURESH BABU
               HSST (MALAYALAM), C.P.POCKER HAJI MEMORIAL HIGHER
               SECONDARY SCHOOL, OZHUR, VELLACHAL P.O., MALAPPURAM
               DISTRICT-676 106

      6        MALATHI.M.R.,
               HSST (MALAYALAM), C.P.POCKER HAJI MEMORIAL HIGHER
               SECONDARY SCHOOL, OZHUR, VELLACHAL P.O., MALAPPURAM
               DISTRICT-676 106

OTHER PRESENT:
             T RAJASEKHARAN NAIR SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4810 OF 2021(A)

                                   2

                            JUDGMENT

Dated this the 24th day of February 2021

This writ petition is filed seeking the following prayers:-

"(i) to issue a writ of Certiorari or other appropriate writ, order or direction, to quash Exhibit P3 and P4 orders, since the same are issued in violation of petitioner's fundamental right under Article 14, 16 and 21 of the Constitution.

(ii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the 1 st respondent to consider and pass orders in Ext.P5 revision petition, without any further delay."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted that against the rejection of

proposal for approval of the appointment of respondents 5

and 6 as HSST (Malayalam) and HST (Malayalam)

respectively, the petitioner, who is the Manager of an aided

school, has preferred Ext.P5 revision petition before the

Government and seeks a consideration of the same.

4. Having heard the learned Government Pleader WP(C).No.4810 OF 2021(A)

also, there will be a direction to the 1 st respondent to take

up, consider and pass orders on Ext.P5 revision petition

preferred by the petitioner with notice to the petitioner as

well as respondents 5 and 6 and after hearing them through

any appropriate means including video conferencing within a

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

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/24.02.2021 WP(C).No.4810 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF PROCEEDINGS DATED 29.06.2018 SELECTED THE 5TH RESPONDENT FOR APPOINTMENT TO THE POST OF HSST (MALAYALA)

EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 06.07.2018

EXHIBIT P3 A TRUE COPY OF THE ORDER NO.H/8568/2018/RDD/HSE/MPLM DATED 28.03.2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE ORDER NO.ACD.A4/137432/2019/HSE DATED 22.07.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT DATED 12.08.2019