Sasi K vs State Of Kerala
2021 Latest Caselaw 15217 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                        WP(C) NO. 14413 OF 2021
PETITIONER:

            SASI K.,
            AGED 51 YEARS
            S/O. NARAYANA KURUP, HST (MATHEMATICS), PERAMBRA HIGHER
            SECONDARY SCHOOL, POST PERAMBRA, KOZHIKODE DISTRICT-
            673525, RESIDING AT AMRAVATHI, POST ULLIYERI,
            KOZHIKODE DISTRICT-673620.

            BY ADV R.K.MURALEEDHARAN



RESPONDENTS:

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

    2       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
            EDUCATION,
            KOZHIKODE, KOZHIKODE DISTRICT-673001.

    3       THE MANAGER,
            PERAMBA HIGHER SECONDARY SCHOOL, POST PERAMBRA,
            KOZHIKODE DISTRICT-673525.

    4       VIMALA V.K.,
            HSA (MATHS), INDEEVARAM, POST PERAMBRA, KOZHIKODE
            DISTRICT-673525.



            SRI. BIJOY CHANDRAN -SR,G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14413 OF 2021

                                    2


                                JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) Call or the records and issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P9 communication by the 3rd respondent Manager dated 14.07.2021 and (2) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to appoint the petitioner as HSST (Mathematics) with effect from 15.7.2021 with all consequential benefits OR in the alternative nd (3) Direct the 2 respondent to consider and pass orders on Ext.P11 objection after hearing the parties by further directing not to approve the appointment of the 4 th respondent.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader appearing for respondents 1 and 2. In

view of the directions being issued, notice to respondents 3 and 4 is

dispensed with.

3. It is submitted by the learned counsel for the petitioner that

the petitioner is working as HSA (Mathematics) in the 3 rd respondent's

school. He had initially been appointed as Lab Assistant and later as

HSA (Mathematics) with effect from 23.06.1997. It is submitted that a

vacancy of HSST (Mathematics) arose in the school. The petitioner

had appeared for the MSC Degree Examination conducted by the WP(C) NO. 14413 OF 2021

Annamalai University and had passed all the eight papers as on

08.07.2021. It is submitted that by Ext.P7 order, the Government

permitted the filling up of vacancies arising in the aided schools with

effect from 15.07.2021. It is submitted that the petitioner was fully

qualified for appointment as HSST (Mathematics) as on 15.07.2021.

However, overlooking the petitioner's claim, the 4 th respondent, who

according to the petitioner, is a junior hand, as is evident from Ext.P2

seniority list, has been appointed by the Manager. It is submitted that

the proposal has also been forwarded to the 2 nd respondent for

approval. The petitioner has submitted Ext.P11 objection before the

2nd respondent to the approval of appointment of the 4 th respondent.

It is submitted that the petitioner has pointed out that he is fully

qualified and senior to the 4th respondent and therefore, his claim is

liable to be considered.

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

the opinion that Ext.P11 objection raised by the petitioner is to be

considered, while the proposal for approval of the 4 th respondent's

appointment is being considered.

WP(C) NO. 14413 OF 2021

There will, accordingly, be a direction to the 2 nd respondent to

take up Ext.P11 objection preferred by the petitioner while the

proposal for approval of the 4 th respondent's appointment is being

considered and to consider and pass orders on the same with notice to

the petitioner and respondents 3 and 4 and any other interested

parties and after hearing them through any appropriate means,

including by video conferencing. Orders shall be passed within a

period of one month from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of this writ petition

along with a copy of the judgment before the 2 nd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14413 OF 2021

APPENDIX OF WP(C) 14413/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER IN FORM 27 DATED 23/06/1997.

Exhibit P2 A TRUE COPY OF THE SENIORITY LISTS OF TEACHERS OF THE 3RD RESPONDENT SCHOOL AS ON 01/01/2019.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF THE REGULATION AND SYLLABUS OF MSC.

MATHEMATICS EXAM CONDUCTED BY THE ANNAMALAI UNIVERSITY.

Exhibit P4 A TRUE COPY OF THE STATEMENT OF MARKS ISSUED BY THE ANNAMALAI UNIVERSITY DATED 06/09/2019.

Exhibit P5 A TRUE COPY OF THE STATEMENT OF MARKS ISSUED BY THE ANNAMALAI UNIVERSITY DATED 03/12/2020.

Exhibit P6 A TRUE COPY OF THE PRINTOUT OF THE RESULT ATTESTED BY THE CONTROLLER F EXAMINATION, ANNAMALAI UNIVERSITY.

Exhibit P7 A TRUE COPY OF THE GO(RT) NO.3287/2021/G.EDN. DATED 06/07/2021.

Exhibit P8 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 13/07/2021 EXCLUDING EXHIBITS.

Exhibit P9 A TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT MANAGER DATED 14/07/2021.

Exhibit P10 A TRUE COPY OF THE GO(MS) NO.272/2018/HEDN DATED 13/11/2018.

Exhibit P11 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 15/07/2021.