The M M Higher Secondary School vs State Of Kerala
2021 Latest Caselaw 20538 Ker

WP(C) NO. 20805 OF 2021         1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 20805 OF 2021
PETITIONER/S:

            THE M M HIGHER SECONDARY SCHOOL
            UPPOODU, EAST KALLADA,KOLLAM-691502,
            REPRESENTED BY ITS MANAGER.

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD



RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            SECRETARIAT ANNEXE-II,
            THIRUVANANTHAPURAM-695001.

    2       THE DEPUTY DIRECTOR OF EDUCATION
            KOLLAM AT THEVALLY-691009.

    3       THE DISTRICT EDUCATIONAL OFFICER
            CIVIL STATION, KOKLLAM-691001.



            SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20805 OF 2021                  2



                                        JUDGMENT

The manager of M M Higher Secondary School, Uppoodu, has

approached this Court being aggrieved by the orders passed by the DEO,

Kollam declining approval of the appointments effected by the petitioner

against retirement/promotion vacancies. The following reliefs are sought by

the petitioner:-

(i) call for the records relating to Exhibits P2, P5, P8 and P11 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or directing commanding the 3rd respondent to grant approval to Exhibits P1, P4, P7 and P10 and disburse the attendant benefits forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to consider and pass appropriate orders upon Exhibits P3, P6, P9 and P12 appeals after affording an opportunity of being heard to the petitioner within a time limit.

2. When the matter came up for admission, Sri.M.Sajjad, the

learned counsel appearing for the petitioner submits that as statutory

appeals have been preferred before the DDE as is evident from Exts.P3, P6,

P9 and P12, the petitioner would be satisfied if necessary directions are

issued to the 2nd respondent to consider the appeals within a time frame.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader and have considered the submissions advanced.

4. 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) Without expressing any opinion on the merits of the

assertions made by the petitioner in the appeals, there will be

a direction to the 2nd respondent to take up, consider and

pass appropriate orders on Exts.P3, P6, P9 and P12 appeals,

after affording an opportunity of being heard, either physically

or virtually, to the petitioner herein or his authorised

representative.

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 sru

APPENDIX OF WP(C) 20805/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.PRIYANKA.S DATED 15.07.2021

Exhibit P2 TRUE COPY OF THE ORDER NO.B2/25724/2021 DATED 14.09.2021 OF THE DEO, KOLLAM.

Exhibit P3 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DDE, KOLLAM DATED 08.09.2021 ALONG WITH TYPED COPY

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SYAMA.S.V. DATED 15.7.2021

Exhibit P5 TRUE COPY OF THE ORDER NO.B5/25927/2021 DATED 23.08.2021 OF THE DEO, KOLLAM

Exhibit P6 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DDE, KOLLAM DATED 15.09.2021.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.KRISHNA PRIYA.B.J.DATED 15.07.2021

Exhibit P8 TRUE COPY OF THE ORDER NO.B2/25723/2021 DATED 23.08.2021 OF THE DEO, KOLLAM

Exhibit P9 TRUE COPY OF THE APPEAL FILED BEFORE TEH DDE, KOLAM DATED 15.09.2021

Exhibit P10 TRUE COP OF THE APPOINTMENT ORDER OF SRI.BIBIN VARGHESE DATED 15.07.2021

Exhibit P11 TRUE COPY OF THE ORDER NO.B2/25928/2021 DATED 23.08.2021 OF THE DEO, KOLLAM

Exhibit P12 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DDE, KOLLAM DATED 15.09.2021

Exhibit P13 TRUE COPY OF THE ORDER NO.B1/5668/2018(1)

DATED 24.06.2019 OF THE DDE, KOLLAM

Exhibit P14 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 12.03.2021

Exhibit P15 TRUE COPY OF THE G.O.(P)NO.3/2019/G.EDN.

DATED 28.02.2019 OF THE GOVERNMENT

Exhibit P16 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN.DATED 08.03.2019 OF THE GOVT.

RESPONDENTS EXHIBITS:NIL