Sabitha S vs The State Of Kerala
2021 Latest Caselaw 20671 Ker

WP(C) NO. 21127 OF 2021         1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                    WP(C) NO. 21127 OF 2021




PETITIONER/S:

          SABITHA S
          AGED 43 YEARS
          WIFE OF HARIKUMAR, HIGH SCHOOL TEACHER (HINDI)
          KKKVM HIGHER SECONDARY SCHOOL, POTHAPPALLY P.O,
          KUMARAPURAM, HARIPAD, ALAPPUZHA DISTRICT 690 548
          (RESIDING AT VRINDAVANAM, VETTUVENI, HARIPAD
          ALAPPUZHA DISTRICT 690 514 (M. 98469 55641)

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR



RESPONDENTS:



    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM 695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM 695 014

    3     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, ALAPPUZHA 688 001

    4     THE DISTRICT EDUCATIONAL OFFICER
          NEAR IRON BRIDGE, ALAPPUZHA 688 011
 WP(C) NO. 21127 OF 2021      2



    5     THE MANAGER
          KKKVM HIGHER SECONDARY SCHOOL, POTHAPPALLY,
          P.O KUMARAPURAM , HARIPAD, ALAPPUZHA DISTRICT 690 548

          SRI. BIJOY CHANDRAN, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21127 OF 2021               3




                                   JUDGMENT

The petitioner states that she was appointed as HSA (Hindi) in KKKVM

HSS, Pothappally, an aided school under the management of the 5th

respondent on 1.7.2016 against an additional division vacancy that arose during

2016-2017. The approval to the appointment of the petitioner was rejected by

the DEO on the ground that the 1:1 ratio has not been complied with while

filling up the additional posts. Though the matter was taken up in appeal, the

same was rejected by the DDE. The same has been challenged before the DGE

and the same is pending. While so, the Government has issued G.O.

(P)No.4/2021/G.Edn. dated 06.2.2021, relaxing the conditions in

implementation of 1:1 ratio. When the approval proposal was resubmitted, the

DEO has rejected the proposal on different grounds. Being aggrieved, the

petitioner is stated to have preferred Ext.P12 revision petition before the

Government. It is in the above background that the petitioner is before this

Court seeking to quash Exts.P2 to P5 and for incidental reliefs.

2. Sri. M.Sajjad, the learned counsel appearing for the petitioner

submitted that the petitioner would be satisfied at this stage if directions are

issued to the 1st respondent to consider Ext.P12 revision petition in an

expeditious manner with due notice.

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

Pleader.

4. In view of the limited nature of the relief sought, notice to the 5th

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 1st respondent to take up, consider

and pass appropriate orders on Ext.P12, as per procedure and in

adherence to the provisions of law, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorised representative and the 5th

respondent.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three 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) 21127/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01-07-2016

EXHIBIT P2 TRUE COPY OF THE LETTER NO.

B3/3889/16/K.DIS DATED 21-10-2017 OF THE DEO, ALAPPUZHA

EXHIBIT P3 TRUE COPY OF THE ORDER NO.

B2/3627/2017/K.DIS DATED 20-06-2017 OF THE DDE, ALAPPUZHA

EXHIBIT P4 TRUE COPY OF THE G.O (P) NO.4/2021/G.EDN DATED 06-02-2021 OF THE GOVERNMENT

EXHIBIT P5 TRUE COPY OF THE ORDER NO. B3/20839/2021 DATED 31-05-2021 OF THE DEO IN CHARGE

EXHIBIT P6 TRUE COPY OF THE APPEAL PETITION FILED BEFOR ETHE DDE, ALAPPUZHA DATED 22-06-2021

EXHIBIT P7 TRUE COPY OF THE BA CERTIFICATE OF THE PETITIONER DATED 29-03-2003

EXHIBIT P7(a) TRUE COPY OF THE CERTIFICATE OF RASHTRA BHASHA PRAVEEN DATED 10-01-1999

EXHIBIT P7(b) TRUE COPY OF THE SIKSHA VISARAD CERTIFICATE DATED 09-10-2001 ALONG WITH TRANSLATION

EXHIBIT P8 TRUE COPY OF THE G.O(MS) NO.38/98/G.EDN DATED 17-03-1998 OF THE GOVERNMENT

EXHIBIT P9 TRUE COPY OF THE G.O(MS) NO.28/2010/G.EDN DATED 09-02-2010 OF THE GOVERNMENT

EXHIBIT P10 TRUE COPY OF THE SIKSHA VISARAD CERTIFICATE DATED 09-10-2001 AND CERTIFIED ON 24-08-

EXHIBIT P11 TRUE COPY OF THE G.O(MS) NO.104/2021/G.EDN

DATED 19-02-2021 OF THE GOVT.

EXHIBIT P12 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 16-09-2021

EXHIBIT P13 TRUE COPY OF THE G.O(RT) NO.

2017/2012/G.EDN DATED 02-05-2012 OF THE GOVT.

EXHIBIT P14 TRUE COPY OF THE G.O(RT) NO.

2829/2021/G.EDN DATED 24-05-2021 OF THE GOVT.

EXHIBIT P15 TRUE COPY OF THE DECISION REPORTED IN 2012(2) KHC 750 DECIDED ON 04-04-2012

RESPONDENT(S) EXHIBITS : NIL