Suni M.Kurian vs State Of Kerala
2021 Latest Caselaw 1663 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                       WP(C).No.1115 OF 2021(L)


PETITIONER:

               SUNI M.KURIAN
               AGED 50 YEARS
               W/O.AUGUSTINE K.ANTONY, HEADMISTRESS,
               L.F.H.S., OONNUKAL, KOTHAMANGALAM,
               ERNAKULAM DISTRICT.

               BY ADV. SRI.PAULSON THOMAS

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION DEPARTMENT,
               GOVERNMENT OF KERALA, JAGATHY,
               THIRUVANANTHAPURAM, PIN-695005.

      3        DEPUTY DIRECTOR OF EDUCATION,
               ERNAKULAM, PIN-682024.

      4        DISTRICT EDUCATIONAL OFFICER,
               KOTHAMANGALAM, PIN-666691.

      5        CORPORATE MANAGER,
               CORPORATE EDUCATIONAL AGENCY,
               DIOCESE OF KOTHAMANGALAM, PIN-666691.



               NISHA BOSE S R GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1115 OF 2021(L)

                                          2

                                   JUDGMENT

Dated this the 15th day of January 2021

This writ petition is filed seeking the following reliefs:

"i. issue a writ of certiorari quashing Ext.P3. ii. issue a writ mandamus or appropriate writ or direction directing the 4th respondent to approve P1 appointment of the petitioner as H.M. w.e.f. 01-06-2020 and grant all consequential service."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The petitioner submits that he is the senior most

teacher entitled for appointment as Headmistress of the Little

Flower High School, Oonnukal, which is an aided school managed

by the 5th respondent - Corporate Educational Agency. It is

submitted that though the petitioner had been appointed as

Headmistress, the approval is rejected by Ext.P3 order on the

ground that she had not completed 50 years as on 01.01.2020

ie., the first day of the year in which the vacancy arose. The

Manager has submitted Ext.P4 appeal before the 3rd respondent.

It is submitted by the learned counsel for the petitioner that the

said appeal is liable to be considered in accordance with law. It is

further submitted that even if the date of occurrence of vacancy WP(C).No.1115 OF 2021(L)

is taken note of, since there is no test qualified teacher available

in the Management for appointment as Headmaster in the High

School section, the petitioner's appointment is liable to be

approved.

4. Having heard the learned Government Pleader also, I

am of the opinion that since the matter involves factual issues, it

is for the 3rd respondent to consider the appeal.

There will, accordingly, be a direction to the 3 rd respondent

to take up, consider and pass appropriate orders on Ext.P4

appeal, with notice to the petitioner as well as the 5 th respondent

and any other parties likely to be affected. Orders shall be passed

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

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE nak WP(C).No.1115 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS H.M. W.E.F.

01.06.2020.

EXHIBIT P2 TRUE COPY OF THE JOINING CERTIFICATE OF THE PETITIONER DATED 01.06.2020.

EXHIBIT P3 TRUE COPY OF THE REJECTION ORDER OF THE PETITIONER NO.B4/17261/2020 DATED 17.09.2020.

EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE CORPORATE MANAGER DATED 31.10.2020.