Khayas F. vs State Of Kerala
2021 Latest Caselaw 1449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                      WP(C).No.17828 OF 2012(C)


PETITIONER:

               KHAYAS F., AGED 32 YEARS,
               S/O.FASALUDEEN, THATTANPARAMBU, TKMC.P.O,
               KUTTICHIRA, PIN-691 005.

               BY ADV. SRI.E.NARAYANAN

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               THE DEPARTMENT OF GENERAL EDUCATION,
               PAREEKSHA BHAVAN, TRIVANDRUM, PIN-695 012.

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               TRIVANDRUM-695 001.

      3        THE PAREEKSHA BHAVAN,
               REPRESENTED BY ITS DIRECTOR, POOJAPPURA,
               THIRUVANANTHAPURAM-695 012.

      4        THE DY.DIRECTOR OF EDUCATION,
               OFFICE OF THE DY.DIRECTOR OF EDUCATION,
               ERNAKULAM-682 011.

               BY ADV. SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17828 OF 2012(C)

                                     -2-


                               JUDGMENT

Dated this the 14th day of January 2021

The petitioner, who claims to be a public

spirited teacher, has approached this Court

impugning Clause 12 of Ext.P1, which mandates

that Teachers Eligibility Test (TET) shall be

made mandatory for the appointments of all

teachers in Lower Primary, Upper Primary and

High Schools. He asserts that this stipulation

in Ext.P1 is contrary to the provisions of the

Kerala Education Act and Rules and, therefore,

prays that same be set aside.

2. Even when I hear Sri.E.Narayanan,

learned counsel for the petitioner, on the afore

lines, the fact remains that the petitioner does

not show anywhere that he is personally affected

by Ext.P1, but he seems to be expousing the

cause of all teachers, though none of them are

on the party array.

WP(C).No.17828 OF 2012(C)

That apart, I notice that this writ

petition was filed as early as in the year 2012

but no orders have been secured by the

petitioner until now. I am, therefore, of the

firm view that the prayers sought for cannot be

granted at this distance of time.

In the afore circumstances, I close this

writ petition without issuing any further

orders, however, giving liberty to the

petitioner to approach this Court again, if, for

any reason, he is affected by Ext.P1 in future

or if he can show that he is so affected.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.17828 OF 2012(C)

APPENDIX OF WP(C) 17828/2012 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO. GO(P) 199/2011/G.EDN. DATED 01/10/2011.

EXHIBIT P2 TRUE COPY OF PROSPECTUS ISSUED BY THE 1ST RESPONDENT FOR TEACHERS ELIGIBILITY TEST.

EXHIBIT P3 TRUE COPY OF THE DEGREE CERTIFICATE DATED 07/10/2003 ISSUED TO THE PETITIONER FROM THE UNIVERSITY OF KERALA.

EXHIBIT P4 TRUE COPY OF THE BED. CERTIFICATE ISSUED TO THE PETITIONER FROM THE UNIVERSITY OF KERALA.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE