Citation : 2021 Latest Caselaw 2464 Ker
Judgement Date : 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
RP.No.45 OF 2021 IN WP(C). 31557/2019
AGAINST THE JUDGMENT IN WP(C) 31557/2019(T) OF HIGH COURT OF
KERALA
REVIEW PETITIONERS:
1 SARITHA E.K.
AGED 40 YEARS
W/O PRAMOD, UPST, PATHIRIPATTA UP SCHOOL,
P.O.PATHIRIPATTA, KOZHIKODE DISTRICT, RESIDING AT
VATHUKKALPARAMBATH, P.O. VATTOLI,
KOZHIKODE DISTRICT-673 507.
2 SHINI T.P,
AGED 39 YEARS
W/O SUDHEESH M P, UPST, PATHIRIPATTA UP SCHOOL,
P.O.PATHIRIPATTA, KOZHIKODE DISTRICT, RESIDING AT
MAVULLAPARAMBATH PATHIRIPATTA P.O, KAKKATTIL VIA,
KOZHIKODE-673 507.
BY ADVS.
SRI.R.K.MURALEEDHARAN
SHRI.K.B.GANGESH
GOVERNMENT PLEADER
RESPONDENTS:
1 STATE OF KERALA
REP BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE ASSISTANT EDUCATIONAL OFFICER,
KUNNUMAL P.O., MOKERI, KOZHIKODE DISTRICT-673 507.
3 THE MANAGER,
PATHIRIPATTA UP SCHOOL, P.O.PATHIRIPATTA,
KOZHIKODE DISTRICT-673 507.
4 DISTRICT EDUCATIONAL OFFICER,
VATAKARA, KOZHIKODE DISTRICT-673 004.
5* ADDL.R5- DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM -695014
RP.45/2021 IN WP(C).31557/2019
2
* (Additional 5th respondent impleaded vide order
dated 21.1.2021 in I.A.No.2 of 2021)
SRI. MATHEW GEORGE VADAKKEL - SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.45/2021 IN WP(C).31557/2019
3
ORDER
The petitioners have approached this Court
through this petition seeking review of the
judgment dated 18.12.2020 in W.P(C)No.31557 of
2019, because, at the time when the writ
petition was considered, it was erroneously
brought to the notice of this Court that
Exts.P7 and P7(a) Appeals are still pending.
2. The petitioners say that, in fact,
even at the time when the writ petition was
considered, these Appeals had been disposed of
and that they had filed further statutory
Appeals against it before the Director of
General Education, copies of which have been
now placed on record as Annexures A2 and
A2(a). The petitioners, therefore, pray that
the judgment be reviewed and Annexures A2 and
A2(a) statutory Appeals be directed to be
considered by the Director of General
Education.
RP.45/2021 IN WP(C).31557/2019
3. The learned Senior Government
Pleader, Shri.Mathew George Vadakkel, in
response to the afore submissions of the
petitioner made by their learned counsel
Shri.R.K.Muralidharan, submitted that there
does not appear to be any impediment in
Annexures A2 and A2(a) being considered by
the Director of General Education and that if
this Court is so inclined, said Authority
will do so without any delay.
Taking note of the afore submissions, I
allow this review petition and modify the
judgment dated 18/12/2020, thus directing the
Director of General Education to take up
Annexures A2 and A2(a) Appeals preferred
before him by the petitioners and dispose it
of in the same manner as the District
Educational Officer had been directed
therein.
The afore exercise shall be completed by RP.45/2021 IN WP(C).31557/2019
the Director of General Education as
expeditiously as is possible, but not later
than three months from the date of receipt of
a copy of this order.
It is, of course, needless to say that
the earlier direction issued to the District
Educational Officer stand vacated.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/21.1.2021 RP.45/2021 IN WP(C).31557/2019
APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 10.10.2020 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF 1ST PETITIONER
ANNEXURE A1(A) TRUE COPY OF THE ORDER DATED 10.10.2020 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF 2ND PETITIONER
ANNEXURE A2 TRUE COPY OF THE APPEAL FILED BEFORE THE DIRECTOR OF GENERAL EDUCATIONAL IN RESPECT OF 1ST PETITIONER
ANNEXURE A2(A) TRUE COPY OF THE APPEAL FILED BEFORE THE DIRECTOR OF GENERAL EDUCATION IN RESPECT OF 2ND PETITIONER
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