The R P M M U P School vs The State Of Kerala
2021 Latest Caselaw 20839 Ker

WP(C) NO. 21181 OF 2021      1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                    WP(C) NO. 21181 OF 2021
PETITIONER/S:

          THE R P M M U P SCHOOL,
          EDAKKAZHIYOOR, CHAVAKKAD, THRISSUR DISTRICT 680 515,
          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 695 001.

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

    3     THE DISTRICT EDUCATIONAL OFFICER,
          CHAVAKKAD, THRISSUR DISTRICT 680 506.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          CHAVAKKAD, THRISSUR DISTRICT 680 506.

    5     SRI VIJO WILLIAMS,
          UPPER PRIMARY SCHOOL ASSISTANT, R.P,M.M U.P SCHOOL,
          EDAKKAZHIYOOR, CHAVAKKAD, THRISSUR DISTRICT 680 515
          (RESIDING AT THEKKEKARA HOUSE, CHOWANNOOR,
          KUNNAMKULAM, THRISSUR DISTRICT 680 517)

    6     AMAL P.S
          R.P.M.M.U.P SCHOOL, EDAKKAZHIYOOR, CHAVAKKAD,
          THRISSUR DISTRICT 680 515.
 WP(C) NO. 21181 OF 2021      2




    7     FAHAMITHA E H,
          R.P.M.M.U.P SCHOOL, EDAKKAZHIYOOR, CHAVAKKAD,
          THRISSUR DISTRICT 680 515.




          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21181 OF 2021                3




                                   JUDGMENT

The petitioner is the Manager of RPM MUP School, Edakkazhiyoor. She

is stated to have appointed respondents 5 to 7 as against

promotion/retirement/resignation vacancies. Approval to their appointments

was rejected by Educational Officers on the ground that the appointees have

not cleared K.TET Examination and that the Manager has not appointed

protected teachers, the School being a newly opened School. Neither of these

contentions is sustainable, contends the petitioner. Being aggrieved, the

petitioner is stated to have filed Ext.P13 revision petition before the 1st

respondent which is stated to be pending. It is in the above backdrop that the

petitioner is before this Court seeking directions.

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

learned counsel appearing for the petitioner submits that though various reliefs

are sought, the limited request of the petitioner is for a direction to the 1st

respondent to consider and pass orders on Exhibit-P13 revision petition on its

merits.

3. Heard Sri.Bijoy Chandran, the learned Senior Government Pleader.

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) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Exhibit-P13 revision

petition, as per procedure and in strict adherence to the

provisions of law. An opportunity of being heard, either

physically or virtually, shall be afforded to the petitioner or the

authorised representative of the petitioner, as well as

respondents 5, 6 and 7.

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 DSV

APPENDIX OF WP(C) 21181/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 01-06-2016.

Exhibit P1(a) TRUE COPY OF THE ORDER NO. C/1613/16/K.DIS DATED 22-09-2016 OF THE AEO, CHAVAKKAD.

Exhibit P1(b) TRUE COPY OF THE ORDER NO. B1/8104/2016 /K.DIS DATED 31-01-2017 OF THE DEO, CHAVAKKAD.

Exhibit P1(c) TRUE COPY OF THE ORDER NO. F2/25199/ 2017/DPI/K.DIS DATED 18-12-2017 OF THE DIRECTOR.

Exhibit P2 TRUE COPY OF THE REVISION PETITION DATED 24-03-2018 FILED BY THE MANAGER.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 02-06-2016.

Exhibit P3(a) TRUE COPY OF THE ORDER NO. C/1614/16 K.DIS DATED 26-09-2016 OF THE AEO, CHAVAKKAD.

Exhibit P3(b) TRUE COPY OF THE ORDER NO. B1/8092/16 /K.DIS DATED 31-01-2017 OF THE DEO, CHAVAKKAD.

Exhibit P3(c) TRUE COPY OF THE ORDER NO. F2/25210/ 2017/DPI/K.DIS DATED 10.07.2017 OF THE DIRECTOR.

Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 05-12-2017 FILED BY THE MANAGER.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 03-06-2016.

Exhibit P5(a) TRUE COPY OF THE ORDER NO. C/1615/16/K.DIS DATED 30-08-2016 OF THE AEO, CHAVAKKAD.

Exhibit P5(b) TRUE COPY OF THE ORDER NO. B1/8099/

16/K.DIS DATED 31-01-2017 OF THE DEO, CHAVAKKAD.

Exhibit P5(c) TRUE COPY OF THE ORDER NO. F2/25209/ 2017/DPI/K.DIS DATED 10-07-2017 OF THE DIRECTOR.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BY THE MANAGER DATED 05-12-2017.

Exhibit P7 TRUE COPY OF THE CONSOLIDATED REVISION PETITION SUBMITTED BY THE RESPONDENTS 5 TO 7 ALONG WITH SRI DEEPAK T.K DATED 08-08- 2020 (WITHOUT EXHIBITS).

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

18358/2020 DATED 08-09-2020.

Exhibit P9 TRUE COPY OF THE GO (RT) NO.2526/2021 /G.EDN DATED 09.04.2021 OF THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE GO (P) NO.4/2021/G.EDN DATED 06.02.2021 OF THE GOVERNMENT.

Exhibit P10(a) TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 28/04/2021.

Exhibit P11 TRUE COPY OF THE ORDER NO.C/12660/2021 DATED 05.08.2021 OF THE AEO CHAVAKKAD.

Exhibit P11(a) TRUE COPY OF THE ORDER NC/12636/2021 DATED 05.08.2021 OF THE AEO CHAVAKKAD.

Exhibit P11(b) TRUE COPY OF THE ORDER No.C/12635/2021 DATED 05.08.2021 OF THE AEO CHAVAKKAD.

Exhibit P12 TRUE COPY OF THE G.O (RT) NO.3080/ 2021/G.EDN DATED 21.06.2021 OF THE GOVERNMENT.

Exhibit P13 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.09.2021 (WITHOUT EXHIBITS).

RESPONDENT (S) EXHIBITS: NIL