Jose Idicula vs State Of Kerala
2021 Latest Caselaw 23178 Ker

WP(C) No.14833/2021                         1/3

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
                             WP(C) NO. 14833 OF 2021(D)
   PETITIONER:

          JOSE IDICULA, AGED 56 YEARS, SON OF K.I.EASO, PRINCIPAL-IN-CHARGE,
          S.H.HIGHER SECONDARY SCHOOL, MYLAPRA, PATHANAMTHITTA DISTRICT-689
          678

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
         EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11, THIRUVANANTHAPURAM-695
         001.
      2. THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING
         BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
      3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
         CHENGANNUR, ALAPPUZHA DISTRICT-689 121.
      4. THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA
         DISTRICT-689 545.
      5. THE MANAGER/CORRESPONDENT, S H HIGHER SECONDARY SCHOOL, MYLAPRA,
         PATHANAMTHITTA DISTRICT-689 678

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation and implementation of Exhibit P9 order,
   pending disposal of the Writ Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.V.A.MUHAMMED and SRI.M.SAJJAD, Advocates for the petitioner the court
   passed the following:
 WP(C) No.14833/2021                             2/3




                                RAJA VIJAYARAGHAVAN V, J.
                                 ---------------------------------
                                  W.P.(C) No.14833 of 2021
                                ----------------------------------
                         Dated this the 24th day of November, 2021


                                                ORDER

I have heard Smt.P.A.Jenzia, the learned counsel appearing for the

petitioner, who referred to Exhibit-P8 judgment of the Division Bench of this

Court and it is argued that this Court had made it clear that it would be open to

the Manager to produce materials to substantiate his case on merits as regards

the existence of another qualified candidate for the post of Principal of the HSE.

Referring to Exhibit-P9 order, the learned counsel submits that the RDD has not

taken note of the directives and proceeded to hold that the Manager can

appoint any person he chooses as the institute is the minority institution.

The learned Government Pleader shall file a statement.

Proceedings pursuant to Exhibit-P9 will remain stayed for a period of two

weeks.

Hand over.

Sd/-

                                                      RAJA VIJAYARAGHAVAN V,
                                                               JUDGE
        DSV




24-11-2021                        /True Copy/                             Assistant Registrar
 WP(C) No.14833/2021                 3/3


Exhibit P8            TRUE COPY OF THE JUDGMENT IN WPC NO 600/2021 DATED
                      7.4.2021
Exhibit P9            TRUE COPY OF THE ORDER NO 5523/C4/2021/RDD/CNGR DATED
                      29.6.2021 OF THE RDD HSE, CHENGANNUR