Xavier P.J. vs The State Of Kerala
2021 Latest Caselaw 10115 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      WP(C).No.22300 OF 2018(J)

PETITIONER:

               XAVIER P.J., POLLAYIL, PALLITHODU P.O,
               THURAVOOR,ALLEPPEY DISTRICT.

               BY ADVS.
               SRI.JOSEPH RONY JOSE
               SRI.K.G.GOPAKUMAR
               SRI.E.A.JOSE
               SMT.JYOTHI ABRAHAM
               SMT.K.N.NAZEERA


RESPONDENTS:

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

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS
               OFFICE OF DIRECTOR OF PUBLIC INSTRUCTIONS,
               JAGATHI, THIRUVANANTHAPURAM 695 014

      3        DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF DEPUTY DIRECTOR OF EDUCATION,
               ALAPPUZHA 688 012.

      4        DISTRICT EDUCATIONAL OFFICER
               OFFICE OF DISTRICT EDUCATIONAL OFFICER,
               MEDICAL COLLEGE JN.,ALAPPUZHA 688 005.

      5        ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF ASSISTANT EDUCATIONAL OFFICER,
               THURAVOOR, THURAVOOR P.O, ALAPPUZHA 688 012.

      6        THE MANAGER, LITTLE FLOWER LOWER PRIMARY
               SCHOOL,MANAKKODAM PATTAM P.O, ANTHAKARANAZHI
               P.O,THURAVOOR, ALAPPUZHA 688 012.
 WPC 22300/18
                                 2




       7       SMT. SULABHA JOY K, LOWER PRIMARY SCHOOL
               ASSISTANT,LITTLE FLOWER L.P SCHOOL,MANAKKODAM
               PATTAM,ANTHAKARANAZHI P.O, THURAVOOR,
               ALAPPUZHA 688 012.


               BY ADVs.
               SRI.JOHN JOSEPH(ROY)
               SRI.P.M.MANOJ - SR GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 22300/18
                                         3



                                   JUDGMENT

This Writ Petition has been filed seeking

that Ext.P4 be directed to be implemented by

the competent Educational Authorities.

However, this order has been succeeded by

another order of the Government dated

15.03.2019 affirming it, which has been

challenged by the Manager of the school and

another teacher in W.P(C)No.11688/2019.

2. Obviously, therefore, nothing survives

in this Writ Petition, since all the issues

will have to be now considered in

W.P(C)No.11688/2019.

In the afore circumstances, this Writ

Petition is closed; however, leaving open all

contentions of the petitioner to be pursued

when W.P(C)No.11688/2019 is considered.

Sd/-

                                             DEVAN RAMACHANDRAN
       RR                                             JUDGE
 WPC 22300/18

APPENDIX OF WP(C) 22300/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE GOVT.ORDER NO(ORD) NO. 3611/2013/G.EDN DATED 30-08-2013.

EXHIBIT P2 A TRUE COPY OF OBJECTION FILED BY PETITIONER DATED 26-11-2016.

EXHIBIT P3 A TRUE COPY OF THE HEARING NOTICE DATED 09-10-2017

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 06-03-

2018 OF THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS.

EXHIBIT P5 A TRUE COPY OF PETITION BEFORE THE DPI DATED 02-06-2018.

EXHIBIT P6 A TRUE COPY OF COMMUNICATION DIRECTING THE PETITIONER TO PRODUCE A CONDUCT CERTIFICATE WITHIN 15 YEARS.

RESPONDENTS' EXTS:

TRUE COPY OF THE LETTER DATED EXHIBIT R6(A) 13.09.2016 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER

TRUE COPY OF THE LETTER DATED EXHIBIT R6(B) 19.09.2016 OF THE 6TH RESPONDENT TO THE 5TH RESPONDENT

TRUE COPY OF THE LETTER DATED EXHIBIT R6(C) 04.10.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER

TRUE COPY OF THE LETTER ISSUED FROM THE EXHIBIT R6(D) OFFICE OF THE 5TH RESPONDENT DATED 19.04.2017 WITH APPLICATION

TRUE COPY OF THE HEARING NOTICE ISSUED EXHIBIT R6(E) FROM THE SECRETARY TO THE GOVERNMENT OF KERALA DATED 26.05.2018.

EXHIBIT R6(F) TRUE COPY OF THE LETTER ISSUED FROM THE 5TH RESPONDENT DATED 13.08.2014.