Shino Varghese vs State Of Kerala
2021 Latest Caselaw 7238 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.5452 OF 2021(F)


PETITIONER:

               SHINO VARGHESE
               AGED 40 YEARS
               S/O.K.T.VARGHESE, KURISINGAL, SOUTH MARADY,
               MUVATTUPUZHA, MARADY (PART), THEKKENMARADY,
               ERNAKULAM, KERALA-686673.

               BY ADVS.
               SRI.JOBY CYRIAC
               SHRI.KURIAN K JOSE

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION, DEPARTMENT, JAGATHI,
               THIRUVANANTHAPURAM-695014, (FORMERLY DIRECTOR OF
               HIGHER SECONDARY EDUCATION, THE DIRECTORATE OF HIGHER
               SECONDARY EDUCATION, THIRUVANANTHAPURAM).

      3        DEPUTY DIRECTOR,
               HIGHER EDUCATION, REGIONAL OFFICE, KOTTAYAM-686001.

      4        THE NATIONAL COUNCIL FOR TEACHER EDUCATION,
               HANS BHAWAN (WING-II), I, BAHADUR SHAH ZAFAR MARG,
               NEW DELHI-110002.


OTHER PRESENT:

               SR GP T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5452 OF 2021(F)

                                 2

                           JUDGMENT

Dated this the 2nd day of March 2021

This writ petition is filed seeking the following prayers:-

"i) Issue a writ mandamus or any other appropriate writ, order directing the 1st respondent pass appropriate order deleting the condition No.6 stipulated in Ext.P1 order.

ii) Issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to consider and pass appropriate order on Ext.P2 representation within a time frame that may be fixed by this Hon'ble court after affording an opportunity of being heard to the petitioner."

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 has appointed as Higher

Secondary School Teacher in Journalism. The appointment

has been approved by Ext.P1 on condition that the petitioner

should acquire B.Ed qualification within 5 years. It is

submitted by the learned counsel for the petitioner that

there is no B.Ed qualification being offered in Journalism or

in allied subjects in any institutions in the State and that WP(C).No.5452 OF 2021(F)

Ext.P2 representation has hence been moved before the

Government seeking a relaxation of the said qualification

and seeking exemption from acquiring B.Ed.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take

up, consider and pass orders on Ext.P2 representation

preferred by the petitioner with notice to the petitioner as

well as the Manager and after hearing them through any

appropriate means including 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 Bng/02.03.2021 WP(C).No.5452 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER BEARING NO.B5/260/2020/RDD/H.S.EDN DATED 14.10.2020.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 10.2.2021 SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT.