Kerala High Court
The Manager vs State Of Kerala on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.9903 OF 2020(K)
PETITIONER:
THE MANAGER, KOTTATHALA SURENDRAN MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL, EDAVATTOM
KARUVELIL P. O., KOLLAM DISTRICT, PIN - 691 505.
BY ADV. SMT.K.R.KRISHNAKUMARI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM,
PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM -
691 009.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691 506.
R1-4 BY GOVERNMENT PLEADER
SRI. P.M.MANOJ, SENIOR GOVERNMENT PELADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9903 OF 2020
2
JUDGMENT
Even though the petitioner, who is the
Manager of "Kottathala Surendran Memorial
Vocational Higher Secondary School",
Edavattom, has approached this Court seeking
directions against the respondents to
sanction the posts of Drawing Teacher,
Physical Education Teacher and Craft Teacher
in the said School from the reopening day of
the Academic Year 2020-2021 - either by
deploying protected teachers or on clubbing
arrangement or on part-time basis - when this
matter was taken up today, his learned
counsel, Smt.K.R.Krishnakumari, submitted
that the only issue now surviving in this
writ petition is regarding the appointment of
a Craft Teacher.
2. Smt.K.R.Krishnakumari conceded that
even at the time when this writ petition had
been filed, her client had approached the
WP(C).No.9903 OF 2020
Director of General Education (DGE) through a
statutory Appeal and that before the same had
been rejected by the said Authority, he had
preferred Ext.P8 Revision before the
Government, invoking the provisions of Rule
12F Chapter XXIII of the Kerala Education
Rules.
3. Smt.K.R.Krishnakumari says that the
Appeal preferred before the DGE has now been
rejected through order dated 24/11/2020 and
therefore, that her client intends to amend
this writ petition and seek a challenge to
the same.
4. Even when I hear Smt.K.R.Krishnakumari
on the afore lines, the fact remains that the
petitioner had approached the Government
through Ext.P8 Revision, even before his
Appeal had been rejected by the DGE. I fail
to understand how he could have done so; but
as matters now stand, the Appeal is rejected,
WP(C).No.9903 OF 2020
while the Revision before the Government is
still pending, though it has not been filed
impugning the order issued by the DGE.
5. I am, therefore, of the view that
there will be no purpose in the petitioner
approaching this Court with an amendment
application, since he will certainly have to
impugn the order of the DGE in terms of law
before the Government, by filing a competent
Revision.
In the afore circumstances, I close this
writ petition without any further orders;
however, leaving full liberty to the
petitioner to file a statutory Revision
before the Government notwithstanding Ext.P8
- which shall be closed by the Government
upon receiving the new Revision in terms of
this judgment.
Needless to say, all contentions of the
WP(C).No.9903 OF 2020
petitioner with respect to the post of Craft
Teacher is left open to be pursued by him
appropriately in terms of law.
After I dictated this judgment,
Smt.K.R.Krishnakumari prayed that a time
limit be also fixed for disposal of the
Revision to be filed by her before the
Government.
Even though, normally, it could have been
not prudent for this Court to fix such a time
frame, taking note of the rather peculiar
circumstances involved, I order that if the
petitioner prefers a fresh Revision Petition
against the order of the DGE within a period
of three weeks from the date of receipt of a
copy of this judgment, same will be
considered by the competent Authority of the
Government, after affording the petitioner an
opportunity of being heard - either
physically or through video conferencing -
WP(C).No.9903 OF 2020
thus culminating in an appropriate order
thereon, as expeditiously as is possible, but
not later than three months from the date of
receipt of the said Revision.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/28.1.2021
WP(C).No.9903 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE PETITIONER'S SCHOOL FOR THE ACADEMIC
YEAR 2019-20 DATED 16.07.2019 ISSUED BY THE
4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THE DIVISION
BENCH OF THIS HON'BLE COURT IN STATE OF
KERALA AND ORS. VS. P. SATHEESH KUMAR AND
ANOTHER REPORTED IN 2011(2) KLT 219.
EXHIBIT P3 TRUE COPY OF GO(RT) NO.2085/2015/G.EDN.
DATED 28.05.2015 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE TIME TABLE ISSUED BY
SCERT, KERALA FOR 2015-16 ONWARDS BASED ON
REVISED CURRICULUM.
EXHIBIT P5 TRUE COPY OF GO(P) NO.29/2016/G.EDN. DATED
29.01.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 19.08.2019 IN WP(C)
NO.22434/2019 FILED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.B4/60046/2019
DATED 24.09.2019 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED
18.11.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COVERING LETTER DATED
21/10/2020 SENT ALONG WITH THE INTERIM
ORDERS BY THE PETITIONER TO THE RESPONDENTS
1 TO 4
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 6/11/2020
ISSUED BY THE 2ND RESPONDENT TO ALL THE
SUBORDINATE OFFICERS INCLUDING THE HM OF
ALL THE SCHOOLS
EXHIBIT P11 TRUE COPY OF THE REMINDER DATED 12/11/2020
SENT BY THE PETITIONER TO THE RESPONDENTS 1
TO 4
