Kerala High Court
Anju M vs State Of Kerala on 30 November, 2021
WP(C) NO. 27006 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 27006 OF 2021
PETITIONER/S:
ANJU M.,
AGED 39 YEARS,
W/O.RENJISH T.G., H.S.T.(MATHS),
M.S.H.S.S. FOR BOYS, MYANAGAPPALLY P.O.,
KOLLAM - 690 519 RESIDING AT THOOLIKA,
PADINJATTINKARA, THEVALAKKARA P.O., KOLLAM - 690 524.
BY ADV B.MOHAN LAL
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY P.O., THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY P.O., KOLLAM - 691 009.
4 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
CORPORATION BUILDINGS, 4TH FLOOR,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.
5 THE DISTRICT EDUCATIONAL OFFICER,
COLLECTORATE, CUTCHERY P.O., KOLLAM - 691 013.
WP(C) NO. 27006 OF 2021 2
6 THE MANAGER,
M.S.H.S.S. FOR BOYS, MYNAGAPPALLY P.O.,
KOLLAM - 690 519 (THE DISTRICT EDUCATIONAL OFFICER,
COLLECTORATE, CUTCHERY P.O., KOLLAM - 691 013
HOLDING ADDITIONAL CHARGE OF MANAGER,
M.S.H.S.S. FOR BOYS, MYNAGAPPALLY).
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27006 OF 2021 3
JUDGMENT
The petitioner states that she is presently working as HST (Mathematics) in
the Milade Sheriff Higher Secondary School (M.S.H.S.S), Karunagapally, an aided
School under the management of the 6th respondent. The petitioner contends that
the approval of service is granted to the petitioner on the strength of Exhibits-P4,
P6 and P8 orders. The petitioner asserts that there are management disputes
between two factions and pursuant to the orders issued by this Court, the 2nd
respondent as per Exhibit-P11 order, appointed the DEO as the Ex-Officio Manager
of the MSHSS, Karunagapally. As the petitioner is the only candidate, who aspires
to get promotion to the post of HSST (Mathematics) under the transfer category,
she submitted Ext.P13 representation before the 5th respondent on 14.10.2021.
Complaining of inaction on the part of the respondents, the petitioner is before this
Court seeking directions.
2. When the matter came up for consideration, Sri. B. Mohan Lal, the
learned counsel appearing for the petitioner, submitted that, for the time being,
the petitioner would be satisfied if directions are issued to the 5th respondent to
consider and pass appropriate orders on Exhibit-P13 representation within a time
frame with due notice.
3. I have heard Smt.Nisha Bose, the learned Senior Government Pleader.
4. In view of the nature of the order that I propose to pass, notice to the 6th
respondent is dispensed with.
5. After having carefully evaluated the contentions raised in this writ petition,
the submissions made across the Bar and the facts and circumstances, I am of the
view that this writ petition can be disposed of at the admission stage itself by
issuing the following directions:
a) There will be a direction to the 5th respondent to take up, consider
and pass appropriate orders on Exhibit-P13 representation preferred
by the petitioner, as per procedure and in accordance with the law,
after affording an opportunity of being heard, either physically or
virtually, to the petitioner herein or her authorised representative as
well as the 6th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of two months from the date of production of
a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned respondent
for further action.
This writ petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX OF WP(C) 27006/2021
PETITIONER (S) EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE B.SC. (MATHEMATICS)
DEGREE CERTIFICATE DATED 18/06/2003 ISSUED
BY THE UNIVERSITY OF KERALA TO THE
PETITIONER.
Exhibit P2 THE TRUE COPY OF THE B.ED. (MATHEMATICS)
DEGREE CERTIFICATE DATED 24/11/2004 ISSUED
BY THE UNIVERSITY OF KERALA TO THE
PETITIONER.
Exhibit P3 THE TRUE COPY OF THE STATE ELIGIBILITY TEST-
JUNE 2013 (SUBJECT - MATHEMATICS) HAVING
ROLL NO.62210234 AND CERTIFICATE NO.00063
DATED 31/10/2013 ISSUED BY THE GOVERNMENT TO
THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE APPOINTMENT ORDER DATED
01/06/2015 ISSUED BY THE 6TH RESPONDENT
AIDED MANAGEMENT SCHOOL TO THE PETITIONER.
Exhibit P5 THE TRUE COPY OF THE APPROVAL ORDER
NO.B6/5348/17/K.DIS. DATED 23/10/2017 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P6 THE TRUE COPY OF APPOINTMENT ORDER DATED
1/1/2019 ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER.
Exhibit P7 THE TRUE COPY OF THE SENIORITY LIST OF THE
6TH RESPONDENT AIDED MANAGEMENT SCHOOL
PUBLISHED BY THE 6TH RESPONDENT MANAGER
DATED 01/01/2019.
Exhibit P8 THE TRUE COPY OF THE ORDER
NO.B2/232/19/K.DIS. DATED 15/09/2021 ISSUED
BY THE 6TH RESPONDENT TO THE PETITIONER.
Exhibit P9 THE TRUE COPY OF THE ORDER NO.GEDN-
SC1/86/2019-G.EDN. DATED 09/04/2019 ISSUED
BY THE GOVERNMENT TO THE 4TH RESPONDENT.
Exhibit P10 THE TRUE COPY OF THE ORDER NO.GEDN-
SC1/86/2019-G.EDN. DATED 27/07/2019 ISSUED
BY THE GOVERNMENT TO THE 2ND RESPONDENT.
Exhibit P11 THE TRUE COPY OF THE ORDER
NO.ETI/8146/2020/D.P.I. DATED 01/02/2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P12 THE TRUE COPY OF THE APPLICATION SUBMITTED
BY THE HUSBAND OF THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 04/10/2021 UNDER RIGHT
TO INFORMATION ACT AND ITS REPLY NO.T.R.O.
10/5999/2021/HSE DATED 8/11/2021.
Exhibit P13 THE TRUE COPY OF REPRESENTATION DATED
14/10/2021 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT AND ITS POSTAL
RECEIPT.
RESPONDENT (S) EXHIBITS: NIL
