Seenath.P.P vs The State Of Kerala
2021 Latest Caselaw 2791 Ker

Citation : 2021 Latest Caselaw 2791 Ker
Judgement Date : 25 January, 2021

Kerala High Court

Seenath.P.P vs The State Of Kerala on 25 January, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                       WP(C).No.1844 OF 2021(E)


PETITIONER:

               SEENATH.P.P
               AGED 42 YEARS
               D/O. SAIDALAVI P.P., JUNIOR ARABIC TEACHER (PT), ST.
               MARY'S GHS, CHOWANNUR, THRISSUR-680517, (RESIDING AT
               PALLIPURATH HOUSE, EZHUMANGADU, THIRUMITTACODE P.O.,
               PIN-679533).

               BY ADVS.
               SRI.T.T.MUHAMOOD
               SRI.A.RENJIT
               SRI.V.E.ABDUL GAFOOR
               SRI.A.MOHAMMED SAVAD
               SHRI.T.R.VISHNU

RESPONDENTS:

      1        THE STATE OF KERALA
               REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695001.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DDE, THRISSUR, THRISSUR-680506.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DEO, CHAVAKKAD, THRISSUR-680506.

      5        ADDITIONAL DIRECTOR GENERAL OF EDUCATION (GENERAL),
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695001.

      6        THE CORPORATE MANAGER,
               ST.AUGUSTINES EDUCATIONAL AGENCY CONGREGATION OF
               SISTERS OF CHARITY, KOKKALA, THRISSUR-680021.
 WP(C).No.1844 OF 2021(E)

                                 2

              NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1844 OF 2021(E)

                                         3



                                 JUDGMENT

Dated this the 25th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) A writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P5 order issued by the 5 th respondent.

ii) A writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P2 order issued by the 4 th respondent.

iii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to approve the appointment of the petitioner as Junior Arabic Teacher w.e.f 01.06.2017.

iv) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P6 revision petition within the time stipulated 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

as against Ext.P5 order of the Director General of Education, the

petitioner has preferred Ext.P6 revision petition before the

Government and that the same is liable to be considered in WP(C).No.1844 OF 2021(E)

accordance with law. It is further submitted that the directions

contained in Ext.P5 to submit criminal complaints against the

petitioner and the Manager may be kept in abeyance till the

Government decides on Ext.P6.

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

the opinion that the issue is liable to the considered by the

Government in accordance with law.

There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P6 revision petition

preferred by the petitioner, with notice to the petitioner as well as

the Manager within a period of three months from the date of receipt

of a copy of this judgment. Hearing can be conducted through any

appropriate means including video conferencing. Further steps

pursuant to Ext.P5, shall be kept in abeyance till orders are passed as

directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1844 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.B4/25381/17/K.DIS.

DATED 10.8.2018 ISSUED BY 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER NO.B2/9424/18/K.DIS.

DATED 7.12.2018 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF MARK LIST OF AFSAL UL ULAMA PRELIMINARY EXAMINATION ISSUED TO THE PETITIONER BY THE CONTROLLER OF EXAMINATION UNIVERSITY OF CALICUT.

EXHIBIT P4 TRUE COPY OF CERTIFICATE NO.71967/EOT-