The Manager vs State Of Kerala
2021 Latest Caselaw 1877 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                   WP(C).No.176 OF 2021(V)


PETITIONER :-

            THE MANAGER,
            M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HIGHER
            SECONDARY SCHOOL, (M.R.M.K.M.M.H.S.S), EDAVA,
            THIRUVANANTHAPURAM - 695 311.

            BY ADVS.
            SRI.K.MOHANAKANNAN
            SMT.A.R.PRAVITHA
            SMT.D.S.THUSHARA
            SRI.H.PRAVEEN (KOTTARAKARA)
            SRI.T.S.NEJIMUDDIN
            SMT.T.V.NEEMA

RESPONDENTS :-

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

      2     DISTRICT EDUCATIONAL OFFICER,
            ATTINGAL, THIRUVANANTHAPURAM - 695 101.

      3     HEADMASTER,
            M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HIGHER
            SECONDARY SCHOOL, EDAVA,
            THIRUVANANTHAPURAM - 695 311.

            BY SRI.T. RAJASEKHARAN NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.176 OF 2021(V)

                                     -: 2 :-


                                 JUDGMENT

Dated this the 18th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a Writ of Certiorari or any other appropriate writ or order or direction calling for the records leading to Ext.P4 and P5 and quash the same.

ii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2 nd respondent to consider and pass orders on Ext.P2 and P3 proposal for approval of appointment as and when the petitioner submits the same before the 2nd respondent within a time frame to be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the proposals submitted by the petitioner for approval of

appointments made by him have been returned for re-submission

after the schools are reopened. It is submitted that the schools have

now reopened at least partially and that the petitioner will re-submit

the proposals for approval of appointments before the 2nd respondent.

In view of the fact that the approvals sought for are for

appointment to the post of HST (Malayalam), there will be a

direction that in case the petitioner resubmits the proposals before WP(C).No.176 OF 2021(V)

the 2nd respondent, the same shall be considered by the 2 nd

respondent, in accordance with law, without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/19.1.2021.

WP(C).No.176 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE DEO, ATTINGAL DATED 16.6.2020.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 11.9.2020 WITH ANNEXURES IN RESPECT OF JAYAPRATHIBHA B.J.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF AJITHA A.L.

WITH ANNEXURES DATED 11.9.2020 IN RESPECT OF AJITHA A.L.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.B4/18496/2020 DATED 15.9.2020 SENT BY THE 2ND RESPONDENT TO THE PETITIONER IN RESPECT OF AJITHA A.L.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.B4/18497/2020 DATED 15.9.2020 SENT BY THE 2ND RESPONDENT TO THE PETITIONER IN RESPECT OF JAYAPRATHIBHA B.J.

//TRUE COPY//

P.A. TO JUDGE