Bhavitha M.V vs State Of Kerala
2021 Latest Caselaw 2446 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.1613 OF 2021(B)


PETITIONER:

               BHAVITHA M.V.
               AGED 29 YEARS
               W/O. LINU K.C, UPPER PRIMARY SCHOOL TEACHER
               (UNAPPROVED), MOOTHEDATH HIGHER SECONDARY SCHOOL
               TALIPARAMBA, TALIPARAMBA P.O, KANNUR DIST, PIN 670
               141 RESIDING AT LAVANYA PARAKKADI, KOYYAM P.O,
               KARIMBAM VIA, KANNUR DIST, PIN 670 142

               BY ADV. SRI.MURALI PALLATH

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVT., GENERAL
               EDUCATION DEPARTMENT, GOVT. SECRETARIAT,(ANNEX II)
               THIRUVANANTHAPURAM PIN 695 014

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY P.O, THIRUVANANTHAPURAM PIN 695 014

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR, THANA P.O, KANNUR DIST, PIN 670 002

      4        THE DISTRICT EDUCATIONAL OFFICER,
               TALIPARAMBA, MINI CIVIL STATION, TALIPARAMBA,
               KANNUR DIST PIN 670 141

      5        THE MANAGER,
               MOOTHEDATH HIGHER SECONDARY SCHOOL TALIPARAMBA,
               TALIPARAMBA P.O, KANNUR DIST PIN 670 141



               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1613 OF 2021(B)

                                        2




                                 JUDGMENT

Dated this the 21st day of January 2021

This writ petition is filed seeking the following reliefs:

"i) Orders declaring that the petitioner is entitled for approval as UPST w.e.f 26.07.2018.

ii) issue a writ of mandamus commanding the 2 nd respondent to consider and pass appropriate orders on Exhibit P6 and P7 revision petitions within two months."

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

against the refusal to grant approval to her appointment, the

petitioner has preferred Ext.P6 revision petition before the 2 nd

respondent while the Manager has also approached the 2 nd

respondent with Ext.P7 revision petition.

4. Having heard the learned Government Pleader also, I am of

the opinion that the revision petitions preferred by the petitioner as

well as the 5th respondent are liable to be considered by the 2 nd

respondent in accordance with law. WP(C).No.1613 OF 2021(B)

There will, accordingly, be a direction to the 2nd respondent to

take up, consider and pass orders on the revision petitions preferred

by the petitioner as well as the Manager, within a period of two

months from the date of receipt of a copy of this judgment. The

petitioner and the Manager shall be put on notice and heard through

any appropriate means including through video conferencing before

orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1613 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 26-

07-2018 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF ORDER NO. B1/18463/2019 DATED 23-09-2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF APPEAL PETITION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF ORDER NO. B4/212498/2020 DATED 12-10-2020 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF ORDER NO. B1/18434/2019 DATED 01-10-2020

EXHIBIT P6 TRUE COPY OF REVISION PETITION DATED 26-

12-2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF REVISION PETITION DATED 30-

12-2020 SUBMITTED BY THE 5TH RESPONDENT