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Saritha E.K vs State Of Kerala
2021 Latest Caselaw 2464 Ker

Citation : 2021 Latest Caselaw 2464 Ker
Judgement Date : 21 January, 2021

Kerala High Court
Saritha E.K vs State Of Kerala on 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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