Kerala High Court
Jaya Philip vs State Of Kerala on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 15281 OF 2021
PETITIONER:
JAYA PHILIP,
AGED 51 YEARS
HEADMISTRESS, MGLP SCHOOL, KUMBAZHA,
PATHANAMTHITTA DISTRICT.
BY ADVS.
V.A.MUHAMMED
T.V.VIJAYARAJAN
M.SAJJAD
P.A.JENZIA
V.K.GOPALAKRISHNAN
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
PATHANAMTHITTA-689645.
4 THE MANAGER,
MGLP SCHOOL, KUMBAZHA, PATHANAMTHITTA DISTRICT-689653.
SRI. BIJOY CHANDRAN- SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15281 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs :-
"i) call for the records relating to Exhibit P6 and set
aside the original of the same to the extent it declines
approval to the appointment of the petitioner as
Headmistress from 01.06.2020 on a regular basis by the issue
of a writ of certiorari or other appropriate writ or order.
ii) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 3rd respondent to
approve the appointment of the petitioner as Headmistress
from 01.06.2020 and disburse the attendant benefits
forthwith.
iii) issue a writ of mandamus or other appropriate
writ order or direction commanding the 2nd respondent to
consider and pass appropriate orders upon Exhibit P8 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. In view of the directions being issued,
notice to the 4th respondent is dispensed with.
3. It is submitted that the petitioner was appointed as Head
teacher from 01.06.2020. It is submitted that she is the only regular
hand in the school and has regular service from 07.06.1993 and has
crossed the age of 50 years as on the date of occurrence of vacancy. It
is submitted that subsequently, she has passed the required test
qualification as well. However, approval is declined for appointment
WP(C) NO. 15281 OF 2021
as HM. The petitioner has moved the 2nd respondent with Ext.P8
revision petition and seeks a consideration thereof.
Having heard the learned Government Pleader also, there will
be a direction to the 2 nd respondent to take up, consider and pass
orders on Ext.P8 revision petition preferred by the petitioner with
notice to the petitioner as well as the 4 th respondent and after
hearing them through any appropriate means, including video
conferencing, within a period of two months from the date of receipt
of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C) NO. 15281 OF 2021
APPENDIX OF WP(C) 15281/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF KERALA
EDUCATION ACT AND RULES DATED 10/03/2021.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF KERALA
SERVICE RULES DATED 10/03/2021.
Exhibit P3 TRUE COPY OF THE JOINING REPORT ADDRESSED
TO THE AEO DATED 01/06/2020.
Exhibit P4 TRUE COPY OF THE ORDER NO.1365/2020 DATED
08/07/2020 OF THE AEO.
Exhibit P5 TRUE COPY OF THE SUBMISSION OF THE
PETITIONER DATED 30/04/2021.
Exhibit P6 TRUE COPY OF THE ORDER NO.
7722/2021/K.DIS DATED 22/06/2021 OF THE
AEO.
Exhibit P7 TRUE COPY OF THE GO(P) NO. 19/2020/G.EDN.
DATED 23/12/2020 OF THE GOVERNMENT.
Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE 2ND RESPONDENT DATED
30/06/2021 (WITHOUT ANNEXURE)
