R Arun Chand vs The State Of Kerala
2021 Latest Caselaw 13229 Ker

WP(C) NO. 12196 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                             WP(C) NO. 12196 OF 2021
PETITIONER:

              R ARUN CHAND
              AGED 49 YEARS
              SON OF G RAMACHANDRAN NAIR, HEADMASTER-CUM-PRINCIPAL-IN-
              CHARGE, MANNAM MEMORIAL HIGHER SECONDARY SCHOOL, VILAKUDY,
              PUNALUR, KOLLAM DISTRICT 691 508

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II,
              THIRUVANANTHAPURAM 695 001

     2        THE DIRECTOR OF GENERAL EDUCATION,
              (HIGHER SECONDARY WING) HOUSING BOARD BUILDING,
              SANTHI NAGAR, THIRUVANANTHAPURAM 695 001

     3        STATE OF KERALA
              IVTH FLOOR, CORPORATION BUILDINGS,
              THIRUVANANTHAPURAM 695 033

     4        THE MANAGER,
              MANNAM MEMORIAL HIGHER SECONDARY SCHOOL,
              VILAKUDY, PUNALUR, KOLLAM DISTRICT 691 508

              SMT.NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12196 OF 2021

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                                     JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibit P-4 and set aside the original of the same to the extent it declines approval to the Petitioner as regular Principal 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 regular Principal from 22-07-2020.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-9 after affording an opportunity of being heard to the Petitioner and 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 the

petitioner, who is working as Headmaster of a high school under the 5 th

respondent had been appointed as Principal. However, approval for the said

appointment was declined by the 3 rd respondent. The petitioner has

submitted Ext.P9 representation before the Government and seeks a

consideration of the same.

4. Having heard the learned Government Pleader also, there will be a WP(C) NO. 12196 OF 2021

direction to the 1st respondent to take up, consider and pass orders on Ext.P9

representation preferred by the petitioner, with notice to the petitioner as

well as the 5th respondent and after hearing them, through any appropriate

means, including through video conferencing, within a period of three

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12196 OF 2021

APPENDIX OF WP(C) 12196/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT OF THE PETITIONER DATED 02-06-1997 ALONG WITH APPROVAL WITH TYPED COPY

Exhibit P2 TRUE COPY OF THE ORDER NO. B6/4730/04/K.DIS DATED 14-12-2004 OF THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO B5/18118/2020 DATED 01-10-2020 OF THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO. TRO-7/5134/2021/HSE DATED 23-02-2021 OF THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE G.O(MS) NO. 105/2021/G.EDN DATED 19-02-2021 OF THE GOVERNMENT

Exhibit P6 TRUE COPY OF THE CERTIFICATE OF MA (ENGLISH) DATED 26-07-2003

Exhibit P7 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 30-012002

Exhibit P8 TRUE COPY OF THE CERTIFICATE OF SET DATED 02-

04-2002

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 08-06-2021 (WITHOUT EXHIBITS

Exhibit P10 TRUE COPY OF THE G.O(RT) NO. 1992/2020/G.EDN DATED 16-06-2020 OF THE GOVERNMENT

Exhibit P11 TRUE COPY OF THE G.O(RT) NO. 2913/2021/G.EDN DATED 02-06-2021 OF THE GOVERNMENT

RESPONDENT'S/S EXHIBITS: NIL