Arun K vs State Of Kerala
2021 Latest Caselaw 21985 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                      WP(C) NO. 23966 OF 2021
PETITIONER:

     1       ARUN K.
             AGED 39 YEARS
             S/O KARUNAKARA KURUP.M.S,
             ARUNIMA, S.L.PURAM.P.O,
             CHERTHALA, PIN-683523.
             ALAPPUZHA DISTRICT,WORKING AS UPST, N.S.S.HIGH
             SCHOOL, KUNNAMTHANAM.P.O, PATHANAMTITTA,
             PIN-689581.

             BY ADV V.VIJULAL
RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM,
             PIN-695001.

     2       THE DIRECTOR OF GENERAL EDUCATION,
             OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHY, THIRUVANANTHAPURAM,PIN-695014.

     3       THE DISTRICT EDUCATIONAL OFFICER
             OFFICE OF DISTRICT EDUCATIONA OFFICER,
             THIRUVALLA, PIN-689101.

     4       GENERAL MANAGER AND INSPECTOR OF N.S.S.SCHOOLS,
             PERUNNA.P.O, CHANGANACHERRY-686102.

             BY ADV. SRI.BIJOY CHANDRAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC NO.23966 OF 2021
                                       2




                               JUDGMENT

Dated this the 03rd day of November, 2021

The petitioner was appointed towards a regular

substantive vacancy of UPST in the School from

19.07.2021 onwards. It seems that the proposal of

the petitioner was rejected by the third respondent on

the reason that he has not studied Malayalam as the

subject in secondary degree as well as Teachers

Training Courses. Contending that, by virtue of

Ext.P4 judgment and in the light of Exts.P6 to P8, the

above conclusion is incorrect and liable to be

corrected, the petitioner has approached the

Government by filing Ext.P9 revision. The grievance

of the petitioner is that Ext.P9 revision is still pending

consideration.

2. After hearing the learned Counsel for the

petitioner and the learned Government Pleader

appearing for respondents 1 to 3, I am inclined to WPC NO.23966 OF 2021

dispose of the Writ Petition itself, with a direction to

the first respondent to take up, consider and dispose

of on merits, Ext.P9 revision as expeditiously as

possible, at any rate, within a period of three months,

from the date of receipt of a copy of this judgment, in

the light of Ext.P4 judgment and the subsequent

Government Orders, after giving a reasonable

opportunity of being heard to the petitioner and the

fourth respondent, either physically or online.

The Writ Petition is accordingly disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/03-11 WPC NO.23966 OF 2021

APPENDIX OF WP(C) 23966/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 17.7.2021 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF ORDER NO.B3/26749/2021 DATED 24.9.2021 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 7.9.2016 IN W.P.(C)NO.29317/2016 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 7.8.2017 IN WRIT APPEAL NO.135/2017 OF THIS HON'BLE COURT

EXHIBIT P5 TRUE COPY OF CERTIFICATE DATED 18.9.2021 ISSUED BY THE PRINCIPAL OF MATHA SENIOR SECONDARY SCHOOL.

EXHIBIT P6 TRUE COPY OF G.O.(RT)NO.2599/2021/G.EDN.

DATED 19.4.2021.

EXHIBIT P7 TRUE COPY OF G.O.(RT)NO.4316/2021/G.EDN.

DATED 29.9.2021.

EXHIBIT P8 TRUE COPY OF G.O.(RT)NO.5130/2018/G.EDN.

DATED 4.12.2018.

EXHIBIT P9 TRUE COPY OF REVISION PETITION DATED 29.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE