Rehima Musalyarakath vs Rehima Musalyarakath
2021 Latest Caselaw 933 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

              RP.No.12 OF 2021 IN WP(C). 13534/2020

   AGAINST THE JUDGMENT IN WP(C) 13534/2020(N) OF HIGH COURT OF
                              KERALA


REVIEW PETITIONER/3RD RESPONDENT IN THE WP(C):

             REHIMA MUSALYARAKATH
             AGED 52 YEARS
             TEACHER HEADMISTRESS,
             AIDED U.P.SCHOOL, IRUMBUCHOL,
             RESIDING AT AT 'AL-HASNATH',
             KUTTOOR NORTH, A.R.NAGAR P.O.,
             MALAPPURAM DISTRICT,PIN-676 305

             BY ADVS.
             SRI.AUGUSTINE JOSEPH
             SRI.K.S.ROCKEY
             SRI.TONY AUGUSTINE
             SRI.GEORGE RENOY

RESPONDENTS/RESPONDENTS:

      1      K.K.GEORGE
             S/O. KURIAKOSE, TEACHER (UPSA),
             AUP SCHOOL,IRUMBUCHOALA,
             RESIDING AT KARIMPEECHI PUTHEN PURAYIL HOUSE,
             CHELARI-PUTHERIVALAPPIL, P.O.VELIMUKKU,
             MALAPPURAM DISTRICT,PIN-676 317

      2      MANAGER,
             AIDEED U.P.SCHOOL,
             IRUMBUCHOLA, A.R.NAGAR P.O.,
             MALAPPURAM DISTRICT,PIN-676 305

      3      THE ASSISTANT EDUCATIONAL OFFICER,
             VENGARA P.O., MALAPPURAM-676 304

      4      P.ABDUL AZEEZ,
             AGED 53 YEARS
             S/O. MOHAMMED BAPPU PULISSERY,
             TEACHER (UPSA), AIDED UP SCHOOL,
             IRUMBUCHOLA, A.R.NAGAR.P.O.,
             MALAPPURAM DISTRICT,PIN-676 305
 RP.No.12 OF 2021 IN WP(C). 13534/2020

                             2

      5     R.SREELATHA,
            AGED 53 YEARS
            W/O. CHANDRABHANU, TEACHER (UPSA),
            AIDED UP SCHOOL, IRUMBUCHOLA,
            A.R.NAGAR.P.O.,
            MALAPPURAM DISTRICT,PIN-676 305

      6     T.SHAHUL HAMEED,
            AGED 51 YEARS
            S/O. MAMMED MASTER THARAYIL,
            TEACHER (UPSA), AIDED UP SCHOOL,
            IRUMBUCHOLA, A.R.NAGAR.P.O.,
            MALAPPURAM DISTRICT,PIN-676 305

      7     STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            GOVT. SECRETARIAT,
            THIRUVANANTHAPURAM-695 001



            R-SRI. R.SURENDRAN

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.12 OF 2021 IN WP(C). 13534/2020

                                  3

                            ORDER

Dated this the 11th day of January 2021

This review petition is filed seeking a review of the

judgment on the ground that the provisions of Rule 18(1)

of the Kerala Right of Children to Free and Compulsory

Education (Amendment) Rules 2021 have been amended

with retrospective effect from 30.04.2011 granting

exemptions to teachers who have attained the age of 50

years from pass in such departmental test and test on

Kerala Education Act and Rules. The vacancy to which the

petitioner in the writ petition sought appointment

admittedly arose on 01.06.2018. As on the date of

occurrence of vacancy, the writ petitioner was the senior

most qualified hand. This Court has admitted challenge

against Annexure-A1 amendment and has granted interim

orders in cases where qualified teachers who have the

qualification of Account Test and test in KER are holding

the post of Head Masters. In the above facts and

situation, I am of the opinion that the law as it stood as RP.No.12 OF 2021 IN WP(C). 13534/2020

on the date of occurrence of vacancy is liable to be

considered. There is no ground raised for review of the

judgment the review petition fails and is accordingly

dismissed.

Sd/-

ANU SIVARAMAN

JUDGE nak RP.No.12 OF 2021 IN WP(C). 13534/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-I TRUE COPY OF THE GOVT. ORDER, GO(P) NO.1/201/G.EDN DATED 05.01.2021