Kerala High Court
The Islamic Centre vs State Of Kerala on 5 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.24209 OF 2019(A)
PETITIONERS:
1 THE ISLAMIC CENTRE
AKODE, VIRIPPADAM P.O, KARUMARAKKAD, MALAPPURAM 673
640, REPRESENTED BY ITS SECRETARY, MUSTHAFA HUDAWI
2 SIJI JOSEPH P,
HINDI TEACHER, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
3 MUHAMMED RASHID M.P,
UPSA, A.M.U.P SCHOOL, VIRIPPADAM P.O, KARUMARAKKAD,
MALAPPURAM 673 640
4 SHAMSUDHEEN C,
ARABIC TEACHER, A.M.U.P SCHOOL, AKODE, VIRIPPADAM
P.O, KARUMARAKKAD, MALAPPURAM 673 640
5 SABEENA T.V,
L.P.S.A, AM.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
6 ABDUL BASITH P.P,
L.P.S.A, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
7 FASEELA K.P,
U.P.S.A, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
8 MUHSINA K,
L.P.S.A, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
9 RASEEL P,
U.P.S.A, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
10 RISWANA P.C,
U.P.S.A., A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
11 SHAKKIRA K.P,
WP(C).No.24209 OF 2019 2
L.P.S.A, A.M.U.P SCHOOL, AKODE, VIRIPPADAM P.O,
KARUMARAKKAD, MALAPPURAM 673 640
BY ADVS.
SRI.M.R.ANISON
SMT.P.A.RINUSA
SMT.V.BHARGAVI (PANANGAD)
RESPONDENTS:
1 STATE OF KERALA
REP BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ,
THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR OF GENENERAL EDUCATION,
GENERAL EDUCATIONAL DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM 695 001
3 THE DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM 676 505.
4 THE ASSISTANT EDUCATIONAL OFFICER,
KONDOTTY, MALAPPURAM 673 638
R1-4 BY GOVERNMENT PLEADER
SRI.P.M.MANOJ-SR. GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24209 OF 2019 3
JUDGMENT
When this matter was called today, the
learned counsel for the petitioners submitted
that in view of Ext.P27 order issued by the
Government, his clients are not pressing for
relief against Ext.P9 amendment and that the
competent educational Authorities may be
directed to consider their approval and to
sanction salary and allowances to them, based
on the said order.
2. The learned Senior Government
Pleader, Shri.P.M.Manoj, submitted that in
view of Ext.P27, if the petitioners are
giving up all their contentions against the
amendment, Government will reconsider the
matter and issue a fresh order.
In the afore circumstances, recording the
submissions of the petitioners that they are
not pressing any relief against Ext.P9
amendment at this time, I order this writ
petition and direct the 4th respondent -
Assistant Educational officer, to reconsider
the proposal for approval of the petitioners'
appointments after affording an opportunity
of being heard to them - either physically or
through video conferencing - thus culminating
in an appropriate order thereon, as
expeditiously as is possible, but not later
than three months from the date of receipt of
a copy of this judgment.
It is made clear that, as has been stated
in Ext.P27, this exercise will be subject to
any order to be issued by the Hon'ble Supreme
Court in connected matters; and it is
needless to say that the contentions of the
petitioners against Ext.P9 amendment is left
open to be pursued in such event.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/6.3.2021
APPENDIX OF WP(C) 24209/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF G.O(P) NO. 23/2017/G.EDN DATED
06-01-2017
EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE SCHOOL FOR THE YEAR 2015-2016 DATED 04-
05-2016
EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE SCHOOL FOR THE YEAR 2016-2017 DATED 22-
03-2019
EXHIBIT P4 TRUE COPY OF APPOINTMENT ORDER OF THE 3RD
PETITIONER DATED 02-02-2017
EXHIBIT P5 TRUE COPY OF APPOINTMENT ORDER OF THE 6TH
PETITIOENR DATED 21-02-2017
EXHIBIT P6 TRUE COPY OF APPOINTMENT ORDER OF THE 7TH
PETITIONER DATED 22-02-2017
EXHIBIT P7 TRUE COPY OF APPOINTMENT ORDER OF 8TH
PETITIONER DATED 23-02-2017
EXHIBIT P8 TRUE COPY OF APPOINTMENT ORDER OF THE 9TH
PETITIONER DATED 25-02-2017
EXHIBIT P9 TRUE COPY OF G.O(P) NO. 199/16 DATED 03-12-
EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE SCHOOL FOR THE YEAR 2017-2018 DATED 23-
03-2019
EXHIBIT P11 TRUE COPY OF APPOINTMENT ORDER OF THE 2ND
PETITIONER DATED 11-09-2017
EXHIBIT P12 TRUE COPY OF APPOINTMENT ORDER OF THE 4TH
PETITIONER DATED 27-09-2017
EXHIBIT P13 TRUE COPY OF APPOINTMENT ORDER OF THE 5TH
PETITIONER DATED 01-06-2017
EXHIBIT P14 TRUE COPY OF APPOINTMENT ORDER OF THE 10TH
PETITIONER DATED 01-06-2017
EXHIBIT P15 TRUE COPY OF APPOINTMENT ORDER OF THE 11TH
PETITIONER DATED 01-06-2017
EXHIBIT P16 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE SCHOOL FOR THE YEAR 2018-2019 DATED 22-
03-2019
EXHIBIT P17 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE SCHOOL FOR THE YEAR 2019-2020 DATED 16-
07-2019
EXHIBIT P18 TRUE COPY OF THE ORDER NO. K.DIS/C/1163/17
DATED 23-03-2017 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P19 TRUE COPY OF G.O(P) NO. 5500/2018/G.EDN
DATED 31-12-2018
EXHIBIT P20 TRUE COPY OF JUDGMENT DATED 01-03-2018 IN
W.P(C) NO. 5733/2018
EXHIBIT P21 TRUE COPY OF STAFF STATEMENT AND SENIORITY
LIST OF THE PETITIOENR SCHOOL FOR OCTOBER
EXHIBIT P22 TRUE COPY OF G.O(P) NO. 3/2019/G.EDN DATED
28-02-2019
EXHIBIT P23 TRUE COPY OF CIRCULAR NO. J2/57/2019/G.EDN
DATED 08-03-2019
EXHIBIT P24 TRUE COPY OF LETTER NO. H2/11606/2019/DPI
DATED 26-03-2019
EXHIBIT P25 TRUE COPY OF THE JUDGMENT DATED 27-02-2019
IN W.P(C) NO. 32573/2018
EXHIBIT P26 TRUE COPY OF MINORITY CERTIFICATE DATED 09-
10-2012 ISSUED BY THE NATIONAL COMMISSION
FOR MINORITY EDUCATIONAL INSTITUTIONS.
EXHIBIT P27 A TRUE COPY OF G.O.(RT) NO-4/2021/G.EDN.
DATED 6.2.2021
