S.Indiradevi vs State Of Kerala
2021 Latest Caselaw 2258 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.1465 OF 2021(G)


PETITIONER:

               S.INDIRADEVI
               AGED 53 YEARS
               HEADMISTRESS, LUTHERAN MISSION LOWER PRIMARY SCHOOL,
               EDATHARA, KADAKKAL P.O., KOLLAM-691 536,
               RESIDING AT KARTHIK BHAVAN, MRA-A-15, MUKKOLA,
               NETTAYAM P.O., THIRUVANANTHAPURAM-695 013.

               BY ADV. SRI.S.MOHAMMED AL RAFI

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION
               JAGATHI, THIRUVANANTHAPURAM-695 014.

      3        THE DISTRICT EDUCATION OFFICER
               VIDYA NAGAR, KOLLAM-691 013.

      4        THE ASSISTANT EDUCATION OFFICER
               CHADAYAMANGALAM, KOLLAM-691 534.

      5        THE MANAGER
               LUTHERAN SCHOOL CORPORATE MANAGEMENT,
               THIRUVANANTHAUPRAM SYNOD, C L HSS COMPOUND,
               PEROORKADA, THIRUVANANTHAPURAM-695 005.

      6        JAYA V.
               LOWER PRIMARY SCHOOL TEACHER, LUTHERAN MISSION UPPER
               PRIMARY SCHOOL, NILAMEL, KOLLAM-691 535.

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1465 OF 2021

                                       2




                                JUDGMENT

The petitioner has approached this Court seeking the following

prayers:

"(i) Call for the records leading to Exts.P4 and P6 and quash the same, by writ of certiorari;

(ii) issue a writ of mandamus commanding the 1 st respondent to consider Ext.P7 and to dispose of the same as expeditiously as possible;"

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

petitioner is appointed as Headmistress in the 5 th respondent's school

and that the petitioner is sought to be reverted on the ground that she

does not possess the qualification of Account test (Lower) and test in

KER. It is submitted by the learned counsel for the petitioner that in

view of the amendment brought about to Rule 18(1) of the Kerala

Right of Children to Free and Compulsory Education Rules, the

petitioner is liable to be permitted to continue. The petitioner has

preferred Ext.P7 revision petition before the Government. WP(C).No.1465 OF 2021

4. In the above view of the matter, there will be a direction to the

1st respondent to take up, consider and pass orders on Ext.P7 revision

petition preferred by the petitioner with notice to respondents 5 and 6

and any other affected parties. Orders shall be passed within a period

of three months from the date of receipt of a copy of this judgment. If

the petitioner is continuing as Headmistress in the school, the

reversion shall be kept in abeyance till orders are passed by the

Government as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.1465 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.184/19, DATED 23.12.2019, ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 30.12.2019, ISSUED BY 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.6.2020 IN SLP(CIVIL) DIARY NO.12310/2020 OF THE SUPREME COURT OF INDIA.

EXHIBIT P4 TRUE COPY OFTHE ORDER NO.320/2020 DATED 31.3.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 3.7.2020 IN WPC 9490/2020 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.F4/6154/2020/DGE.K.DIS. DATED 30.11.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 30.12.2020 FILED BY PETITIONER, BEFORE THE IST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL