Kerala High Court
The Mknm Higher Secondary School vs The State Of Kerala on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 12749 OF 2021
PETITIONER:
THE MKNM HIGHER SECONDARY SCHOOL
KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT 685 608,
REPRESENTED BY ITS MANAGER.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE II,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION), HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM 695 001._
3 THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION, VAYASKARAKUNNU , KOTTAYAM
686 001.
4 SRI. V.S. SHIBU,
HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), M K N M
HIGHER SECONDARY SCHOOL, KUMARAMANGALAM, THODUPUZHA,
IDUKKI DISTRICT 685 608.
5 SRI. K. ANIL,
PRINCIPAL, M K N M HIGHER SECONDARY SCHOOL,
KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT 685 608.
OTHER PRESENT:
SRI. BIJOY CHANDRAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12749 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers: -
"(i) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 3 rd respondent RDD HSE
to approve the appointment of the 5th respondent as
Principal of the petitioner's school for the time being.
(ii) issue a writ of mandamus or other appropriate writ order
or direction commanding the 2nd respondent to consider and
pass appropriate orders upon Exhibit P-17 after affording an
opportunity of being heard to the petitioner within a time
limit."
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 Ext.P18 order dated 01.07.2021 had been passed by the 3 rd
respondent rejecting the proposal for approval of the
appointment of the 5th respondent as Principal in-charge in the
petitioner's school. It is submitted that as against Ext.P18 order
dated 01.07.2021, the petitioner has preferred Ext.P19 revision
petition before the Government.
4. Having considered contentions advanced and in view of
WP(C) NO. 12749 OF 2021
the fact that the appointment and approval of a Principal in-
charge is an urgent matter, there will be a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P19
revision petition preferred by the petitioner with notice to the
petitioner as well as respondents 4 and 5 and after hearing them
through any appropriate means including video conferencing
within a period of one month from the date of receipt of a copy of
this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
bng/16.07.2021
WP(C) NO. 12749 OF 2021
APPENDIX OF WP(C) 12749/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
5TH RESPONDENT DATED 15.07.2004.
Exhibit P2 TRUE COPY OF THE G.O.(MS) NO. 11/06/G.EDN.
DATED 06.01.2006 OF THE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE ORDER NO. A5/7814/RDDE/06
DATED 29.08.2006 OF THE RDD HSE ERNAKULAM.
Exhibit P4 TRUE COPY OF THE G.O.(RT) NO.
3785/2016/G.EDN. DATED 09.11.2016 OF THE
GOVERNMENT.
Exhibit P5 TRUE COPY OF THE ORDER NO.
A3/11095/RDD/HSE/2014 DATED 22.08.2017 OF
THE RDD HSE KOTTAYAM.
Exhibit P6 TRUE COPY OF THE SUBMISSION OF THE 4TH
RESPONDENT ALONG WITH TYPED COPY.
Exhibit P7 TRUE COPY OF THE LETTER NO.
A3/3744/2020/RDD/KTM DATED 09.12.2020 OF
THE RDD HSE, KOTTAYAM.
Exhibit P8 TRUE COPY OF THE LETTER NO.
A3/3744/2020/RDD HSE DATED 16.02.2201 OF
THE RDD HSE, KOTTAYAM ALONG WITH TYPED
COPY.
Exhibit P9 TRUE COPY OF THE LETTER NO. 2/2020-2021
DATED 27.02.2201 OF THE MANAGER ALONG WITH
TYPED COPY.
Exhibit P10 TRUE COPY OF THE LETTER NO.
A3/11095/2020/RDD/HSE/KTM DATED 19.02.2021
WP(C) NO. 12749 OF 2021
OF THE RDD HSE KOTTAYAM.
Exhibit P11 TRUE COPY OF THE LETTER NO. 4/2021-2022
DATED 25.04.2021 OF THE PETITIONER.
Exhibit P12 TRUE COPY OF THE MEMO NO. 5/2020-2021 DATED
03.05.2021 OF THE MANAGER.
Exhibit P13 TRUE COPY OF THE LETTER NO. 6/2020-2021
DATED 04.05.2021 OF THE MANAGER.
Exhibit P14 TRUE COPY OF THE MEMO OF TH MANAGER.
Exhibit P15 TRUE COPY OF THE STATEMENT OF
RELINQUISHMENT OF SRI. RENNY GEORGE DATED
22.04.2021.
Exhibit P16 TRUE COPY OF THE PROVISIONAL SENIORITY LIST
AS ON 01.01.2018.
Exhibit P17 TRUE COPY OF THE PETITION MOVED BEFORE THE
2ND RESPONDENT DATED 03.06.2021.
Exhibit P18 TRUE COPY OF THE ORDER
NO.A3/3744/RDD/HSE/2020 DATED 01.07.2021 OF
THE 3RD RESPONDENT.
Exhibit P19 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 05.07.2021
