Kerala High Court
Nalakath Soopy vs The State Of Kerala Rep. By Its ... on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.6298 OF 2011(J)
PETITIONERS:
1 NALAKATH SOOPY, S/O.NALAKATH MOIDEEN (LATE),
AGED 63 YEARS, MANAGER, DARUL ULOOM HIGHER
SECONDARY SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
2 K.KADEEJA, HIGH SCHOOL ASSISTANT (SOCIAL
STUDIES), DARUL ULOOM HIGHER SECONDARY
SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
3 M.P.ABDUL MAJEED, HIGH SCHOOL ASSISTANT
(ENGLISH), DARUL ULOOM HIGHER SECONDARY
SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
4 K.K.UMMER FAROOK, HIGH SCHOOL ASSISTANT
(ENGLISH), DARUL ULOOM HIGHER SECONDARY
SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
5 A.RAHMATH, HIGH SCHOOL ASSISTANT (HINDI),
DARUL ULOOM HIGHER SECONDARY SCHOOL,
P.O.THOOTHA, MALAPPURAM DISTRICT-679357.
6 K.SHAMSUDHEEN, HIGH SCHOOL ASSISTANT
(ENGLISH), DARUL ULOOM HIGHER SECONDARY
SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
7 K.ABBAS, HIGH SCHOOL ASSISTANT (ENGLISH),
DARUL ULOOM HIGHER SECONDARY SCHOOL,
P.O.THOOTHA, MALAPPURAM DISTRICT-679357.
8 P.UMMER FAROOK, PEON, DARUL ULOOM HIGHER
SECONDARY SCHOOL, P.O.THOOTHA, MALAPPURAM
DISTRICT-679357.
WPC 6298/11 2
9 C.IQBAL, FULL-TIME MENIAL, DARUL ULOOM
HIGHER SECONDARY SCHOOL, P.O.THOOTHA,
MALAPPURAM DISTRICT-679357.
BY ADV. SRI.V.K.GOPALAKRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA REP. BY ITS SECRETARY
TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL, MALAPPURAM-676519.
4 THE DISTRICT EDUCATIONAL OFFICER
MALAPPURAM DISTRICT - 676519.
BY SRI.P.M.MANOJ-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 6298/11 3
JUDGMENT
Dated this the 24th day of March 2021
The Manager of Darul Uloom Higher Secondary School,
Malappuram, along with eight staff, including teachers of the said
School, are before this Court impugning Exhibits P11 to P21 of the
educational agencies, through which approval of the appointments of
petitioners 2 to 9 has been rejected saying that the Manager ought to
have appointed at least one protected teacher, because the School is a
'newly opened one' and that he was also bound to appoint five
protected hands in the five additional posts sanctioned.
2. The petitioners say that the reasons in Exhibits P11 to P21
are completely untenable, since the Manager had already executed a
bond agreeing to appoint protected teachers to future vacancies in
terms of G.O.(P)No.10/10/G.Edn. dated 12.01.2010 and therefore,
that, going by its terms, petitioners 2 to 9 are now entitled to be
granted approval.
3. In response to the afore submissions, the learned Senior
Government Pleader submitted that challenge to Exhibits P11 to P21
is not maintainable before this Court because petitioners have an
alternative efficacious statutory remedy of approaching the
Government under Rule 92 Chapter XIVA of the Kerala Education
Rules (KER). He submitted that, therefore, this Court may not
entertain this writ petition on its merits and only permit the
petitioners to approach the Government appropriately.
4. On hearing the learned Senior Government Pleader as
afore, the learned counsel for the petitioner requested that her clients
be granted liberty to approach the Government by filing a statutory
Revision and that same be directed to be taken up, as if it has been
filed in time, adverting to the fact that this writ petition has been
pending before this Court for the last more than ten years.
In the circumstances afore detailed, I order this writ petition
to the limited extent of allowing the petitioners to prefer a statutory
Revision against the impugned orders before the Government, under
the provisions of Rule 92 Chapter XIVA of the KER, within a period of
two weeks from the date of receipt of a copy of this judgment and if
this is done, the competent authority of the Government shall
consider the same, after affording an opportunity of being heard to
the petitioners - either physically or through video conferencing -
thus culminating in an appropriate order thereon, as expeditiously as
possible, but not later than four months from the date of receipt of
the said Revision.
Needless to say, since this writ petition has been pending
before this Court from 2011 onwards, the Revision Petition to be
preferred by the petitioners in terms of the afore directions shall be
deemed to have been filed in time and same shall be disposed of on its
merits.
Sd/-
Devan Ramachandran, Judge
tkv
APPENDIX
PETITIONER'S EXHIBITS:
TRUE COPY OF THE G.O.(P)NO.10/10/G.EDN. OF THE GOVERNMENT DATED
12.01.2010
EXT. P2 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED
14.02.2011
EXT. P3 TRUE COPY OF THE LETTER NO.62634/J2/10/G.EDN. OF THE
GOVERNMENT DATED 14.10.2010
EXT. P4 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN
WPC 28092/2010 - J DATED 13.09.2010
EXT. P5 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN
WPC 537/2011 DATED 07.01.2011
EXT. P6 TRUE COPY OF THE G.O.(P)NO.178/2002/G.EDN. OF THE
GOVERNMENT DATED 28.06.2002
EXT. P7 TRUE COPY OF THE CIRCULAR NO.74101/J2/2004/G.EDN. OF THE
GOVERNMENT DATED 24.01.2005
EXT. P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC
2563/2008 DATED 24.09.2008
EXT. P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC
8039/2008 F DATED 01.06.2009
EXT. P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC
18986/2009 -P DATED 09.07.2010
EXT. P11 TRUE COPY OF THE ORDER NO.K.DIS.B2/3605/2010 OF THE
DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DATED 07.10.2010
EXT. P12 TRUE COPY OF THE ORDER NO.K.DIS.B2/18431/08 OF THE
DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DATED 04.02.2010
EXT. P13 TRUE COPY OF THE ORDER NO.EM2/24565/10/DPI/K.DIS. OF
THE SECOND RESPONDENT DATED 17.08.2010
EXT. P14 TRUE COPY OF THE ORDER NO.K.DIS.B3/6110/08 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 02.02.2009
EXT. P15 TRUE COPY OF THE ORDER NO.EM(2)/15292/09/DPI/K.DIS OF
THE SECOND RESPONDENT DATED 13.11.2009
EXT. P16 TRUE COPY OF THE LETTER NO.B3/21842/2010 OF THE DEPUTY
DIRECTOR DATED 17.09.2010
EXT. P17 TRUE COPY OF THE ORDER NO.K.DIS/B3/1442/10 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 03.03.2010
EXT. P18 TRUE COPY OF THE ORDER NO.K.DIS.B3/4818/10 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 04.10.2010
EXT. P19 TRUE COPY OF THE ORDER NO.K.DIS/B3/11895/2010 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 29.01.2011
EXT. P20 TRUE COPY OF THE LETTER NO.52323/N2/07/G.EDN. OF THE
GOVERNMENT DATED 22.09.2007
EXT. P21 TRUE COPY OF THE ORDER NO.K.DIS.B3/11894/2010 OF THE
DISTRICT EDUCATIONAL OFFICER DATED 29.01.2011
/TRUE COPY/
P.S. TO JUDGE
