Jyothi.P vs Director Of General Education
2021 Latest Caselaw 7743 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                        WP(C).No.5715 OF 2021(L)


PETITIONER/S:

      1         JYOTHI.P,
                AGED 41 YEARS
                D/O. GOPALAN NAIR, MAURUTHIYATTU, KAVIL P.O,
                NADUVANNUR, KOZHIKODE - 673614.

      2         INDULEKHA P.M
                AGED 32 YEARS
                D/O. UNNIKRISHNAN, MOOTHILERI HOUSE, ULLIYERI P.O,
                KOYILANDY (VIA), KOZHIKODE.

      3         ANJANA CHANDRAN B.K
                AGED 39 YEARS
                W/O.E.K. BRIJITH, MELEKUNNUMMEL HOUSE, VAKAYAD P.O,
                NADUVANNUR, KOZHIKODE - 673614.

      4         SHAHIDA A
                D/O. HAMEED, KIZHAKKEPOYIL HOUSE, NANMINDA P.O,
                KOZHIKODE - 673613,

      5         RAJINA RAJ P
                D/O.RAJAN, PUTHIYOTTIL HOUSE, VATAYAM P.O, KOZHIKODE.

                BY ADV. SRI.P.C.SASIDHARAN

RESPONDENT/S:
       1      DIRECTOR OF GENERAL EDUCATION,
              OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION,
              JAGATHI, THIRUVANANTHAPURAM - 695014.

      2         DISTRICT EDUCATIONAL OFFICER,
                THAMARASSERY - 673573.

      3         THE ASSISTANT EDUCATIONAL OFFICER
                PERAMBRA, KOZHIKODE - 673525.

      4         MANAGER
                NADUVANNUR SOUTH AMUP SCHOOL, NADUVANNUR, (AEO,
                PERAMBRA), KOZHIKODE - 673614.


                SR GP NISHA BOSE
 WP(C).No.5715 OF 2021

                               2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5715 OF 2021

                                       3




                              JUDGMENT

Dated this the 5th day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) To issue a writ of certiorari or other appropriate writ, order or direction to quash Ext.P2 and P3.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to reconsider the approval of the petitioner in the light of Ext.P5 and Ext.P6 Govt. Order.

(iii) To declare that the petitioners are entitled to get their appointment approved from the date of their initial appointment i.e., with effect from 01.06.2016.

(iv) To directing the 3rd respondent to issue undertaking as mandated the Ext.P5 & P6 Government Order.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners had been appointed as UPSA in

the 4th respondent's school on 01.06.2016. The appointment was WP(C).No.5715 OF 2021

rejected on two grounds, i.e., that the posts were liable to be

filled up in the ratio of 1:1 between Protected Teachers and fresh

hands and that there was no fitness certificate for school for the

academic year 2016-17.

4. It is submitted that as against the rejection of approval,

Ext.P4 revision petition has been preferred by the petitioners and

is pending before the DGE. In the meanwhile, Ext.P5

Government Order has been issued on 06.02.2021, directing a

reconsideration of all rejected requests, on the basis of the non-

furnishing of the bond, even in the absence of appeals or

revisions.

5. The learned counsel for the petitioner submits that the

issue is liable to be reconsidered in terms of Ext. P5 Government

Order. However, since there is no approved Manager in the school

and since the AEO is continuing as the Manager, the petitioners

apprehended no orders will be passed on the request of the

petitioners for approval of appointment on the basis of Ext.P5

order.

6. The learned Government Pleader submits that the WP(C).No.5715 OF 2021

rejection of approval was on the ground of want of fitness

certificate as well. It is stated that a fitness certificate had been

belatedly produced and that the issue is being considered by the

DGE in Ext.P4 revision petition. It is contended that the DGE

may be directed to consider the issue of approval of the

petitioners' appointment, taking note of Ext.P5 Government

Order as well and deeming that a bond has been executed.

Having considered the contentions advanced in either side

and in view of the fact that Ext.P4 series of revision petitions are

pending before the DGE, I am of the opinion that the DGE is

liable to take an appropriate decision on the request for approval,

taking note of Ext.P5 Government Order as well. The DGE is,

therefore, directed to take up, consider and pass orders on Ext.

P4 series of revision petitions preferred by the petitioners, taking

note of Ext.P5 Government Order also. The deeming provision

with regard to the acceptance by the Manager of the condition

that future vacancies shall be set apart for Protected Teachers in

the ratio of 1:1 is also to be presumed while passing orders by

the DGE on Ext.P4 series of revision petitions. Orders shall be WP(C).No.5715 OF 2021

passed after hearing the petitioners within a period of two

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

case, the petitioners appointments are found liable to be

approved, appropriate steps shall be taken to release the

payments due within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.5715 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 OF THE 1ST PETITIONER.

EXHIBIT P1(A) TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 OF THE 2ND PETITIONER.

EXHIBIT P1(B) TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 OF THE 3RD PETITIONER.

EXHIBIT P1(C) TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 OF THE 4TH PETITIONER.

EXHIBIT P1(D) TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 OF THE 5TH PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REJECTION OF APPROVAL OF APPOINTMENT OF THE 1ST PETITIONER BY 3RD RESPONDENT.

EXHIBIT P2(A) TRUE COPY OF THE REJECTION OF APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER BY 3RD RESPONDENT.

EXHIBIT P2(B) TRUE COPY OF THE REJECTION OF APPROVAL OF APPOINTMENT OF THE 3RD PETITIONER BY 3RD RESPONDENT.

EXHIBIT P2(C) TRUE COPY OF THE REJECTION OF APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER BY 3RD RESPONDENT.

EXHIBIT P2(D) TRUE COPY OF THE REJECTION OF APPROVAL OF APPOINTMENT OF THE 5TH PETITIONER BY 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.09.2018 ISSUED BY THE DEO, THAMARASSERY.

EXHIBIT P4 TRUE COPY OF THE REVISION PETITION DATED 17.10.2018 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4(A) TRUE COPY OF THE REVISION PETITION DATED 17.10.2018 FILED BY THE 2ND PETITIONER WP(C).No.5715 OF 2021

BEFORE THE 1ST RESPONDENT.

EXHIBIT P4(B) TRUE COPY OF THE REVISION PETITION DATED 17.10.2018 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4(C) TRUE COPY OF THE REVISION PETITION DATED 17.10.2018 FILED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4(D) TRUE COPY OF THE REVISION PETITION DATED 17.10.2018 FILED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER (RT) NO.

4/2021 DATED 06.02.2021.

EXHIBIT P6 TRUE COPY OF THE LETTER N.12/87/2020/GED DATED 25.02.201..

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 17.01.2018 IN WP(C) NO. 1797/2017.