Aleena Sebastian vs State Of Kerala
2021 Latest Caselaw 8655 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.6652 OF 2021(F)


PETITIONER:

               ALEENA SEBASTIAN
               AGED 30 YEARS
               LPST, NAAMALP SCHOOL, THELPPARA, POOKOTTUMPADAM,
               KAVALAMUKATTA (P.O.,)
               MALAPPURAM DISTRICT, PIN-679 332, W/O. JOYAL JOSE,
               RESIDING AT KALLUDIKKAL HOUSE, POOKOTTUMPADAM, (P.O)
               MALAPURAM-679 332, MALAPPURAM DISTRICT

               BY ADVS.
               SMT.T.V.NEEMA
               SRI.T.S.NEJIMUDDIN
               SRI.ASHARAF PUTHIYOTTIL

RESPONDENTS:

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

      2        THE DIRECTOR GENERAL OF EDUCATION,
               DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM-605 014

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION , MALAPPURAM-679 301

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               NILAMBUR, MALAPPURAM-679 329

      5        THE MANAGER,
               NAAMALP SCHOOL, THELPPARA, POOKOTTUMPADAM,
               KAVALAMUKATTA (P.O.,)
               MALAPPURAM DISTRICT, PIN-679 332

      6        SUJITH.V.,
               S/O. SURENDRAN .V., LPST, NAAMALP SCHOOL, THELPPARA,
               POOKOTTUMPADAM, VADAKKEVEETTIL, RESIDING AT
               VADAKKEVEETTIL, KAVALAMUKATTA (P.O.,)
               MALAPPURAM DISTRICT, PIN-679 332
 WP(C).No.6652 OF 2021(F)       2



              SR GP T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6652 OF 2021(F)                3



                                  JUDGMENT

Dated this the 16th day of March 2021

This writ petition is filed seeking the following reliefs:

I. To issue a writ of Mandamus or any other appropriate writ or order or direction to set aside Exhibit P3 and P6 orders.

II. To issue a writ of Mandamus or any other appropriate writ or order or direction directing the 1 st respondent to pass orders in Exhibit P8 within a time frame to be fixed by this Hon'ble Court.

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 was appointed as LPST in the 5th respondent- school

on 03.10.2016, but the appointment was rejected on the ground that

the petitioner did not have KTET qualification. It is submitted that

in case of appointments made up to 31.03.2019 exemption has been

granted. It is submitted that the Manager has also kept apart one

post of LPST to be filled up by a protected teacher.

4. In the above factual situation, it is contended that Ext.P8

statutory revision petition filed by the Manager before the

Government is liable to be considered in accordance with law. It is

further submitted that the 6th respondent, who is a later appointee

as LPST in the school has been granted approval.

Since Ext.P8 statutory revision petition which is preferred by

the Manager is pending before the 1st respondent, I am of the

opinion that it is for the 1st respondent to take an appropriate

decision on the same. There will, accordingly, be a direction to the

1st respondent to take up, consider and pass orders on Ext.P8

revision petition preferred by the Manager with notice to the

Manager as well as the petitioner and any other affected parties 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. In case the petitioner's

appointment is found liable to be approved, monetary benefits shall

also be released within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.K.DIS/C/5827/2016 DATED 04.01.2019

EXHIBIT P2 TRUE COPY OF THE ORDER NO.K.DIS/C/2698/2019 DATED 02.7.2019

EXHIBIT P3 TRUE COPY OF THE ORDER NO.C/2701/2019/K.DIS DATED 07.06.2019

EXHIBIT P4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE OF KTET QUALIFICATION OF THE PETITIONER DATED 29.08.2019

EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE MANAGER IN THIS REGARD DATED 10.07.2019

EXHIBIT P6 TRUE COPY OF THE ORDER NO.G2/6803/2019/DGE DATED 02.11.2020 OF DIRECTOR GENERAL OF EDUCATION

EXHIBIT P7 TRUE COPY OF THE RTI QUERY AND THE REPLY FURNISHED THERE ON WITH COPY OF THE SENIORITY LIST OF TEACHERS OF THE 5TH RESPONDENT DATED 30.10.2020

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED 14.11.2020 FILED BY THE MANAGER BEFORE THE GOVERNMENT

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT WITH ENDORSEMENT OF THE APPROVAL OF THEIR APPOINTMENT BY THE ASSISTANT EDUCATIONAL OFFICER DATED 8.3.19