Jubairiya K.K vs State Of Kerala
2021 Latest Caselaw 21158 Ker

WP(C) NO. 22335 OF 2021      1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                    WP(C) NO. 22335 OF 2021
PETITIONER/S:

          JUBAIRIYA K.K,
          AGED 32 YEARS,
          JUNIOR ARABIC TEACHER, MM AUP SCHOOL, AVILORA,
          AVILORA POST, KODUVALLY, KOZHIKODE DISTRICT -
          673574.

          BY ADVS.
          POOVAMULLE PARAMBIL ABDULKAREEM
          K.N.KUMARASWAMY SARMA



RESPONDENT/S:

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

    2     DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          MANANCHIRA NAGARAM, KOZHIKODE - 673001.

    3     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT - 673028.

    4     ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          KODUVALLY, KOZHIKODE DISTRICT - 673572.

    5     MANAGER,
          MM AUP SCHOOL, AVILORA, AVILORA POST, KODUVALLY,
          KOZHIKODE DISTRICT - 673574,
 WP(C) NO. 22335 OF 2021      2



          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22335 OF 2021               3




                                  JUDGMENT

The petitioner states that she is working as Junior Arabic Teacher in MM

AUP School with effect from 2.7.2016. Her grievance is that her initial

appointment in the newly created post up to 6.6.2019 was not approved by

the educational authorities on the ground that no new post of Arabic was

sanctioned in the school, the same being under the consideration of the

Government. It is contended that her appointment in the regular vacancy was

however approved from 6.6.2019 onwards. The petitioner states that the 5th

respondent Manager had in fact executed a bond pursuant to Ext.P4 circular.

According to the petitioner, the denial of approval from 2.7.2016, being the

date of appointment cannot be justified. Being aggrieved, the petitioner is

stated to have preferred Ext.P9 appeal before the 2nd respondent. Seeking

expeditious disposal of the appeal, the petitioner is before this Court.

2. Sri. Abdul Kareem, the learned counsel appearing for the petitioner

submitted that the limited request of the petitioner is for issuance of directions

to the 1st respondent to consider and pass orders on Ext.P9 appeal in the light

of Ext.P4 Circular and Ext.P5 bond within a timeframe and with due notice.

3. The learned Government Pleader submits that if the request of the

petitioner is only to consider Ext.P9 appeal on its merits, necessary directions

can be issued.

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

party 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 in

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.P9 appeal in the

light of Ext.P4 Circular and Ext.P5 bond, 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 DSV

APPENDIX OF WP(C) 22335/2021

PETITIONER (S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.07.2016 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. K.DIS B.2499/2016 DATED 24.04.2017 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF ORDER NO.K.DIS B/821/2019 DATED 12.04.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE CIRCULAR NO. J2/57/2019/ G.END DATED 8.3.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE BOND DATED 29.05.2019 EXECUTED BY THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019 ISSUED BY THE 5TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE K.DIS.B.7799/19 DATED 11.11.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE G.O(RT) NO.

5632/2019/G.EDN DATED 23.12.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE APPEAL PETITION DATED 01.10.2021 SUBMITTED BY THE 2ND RESPONDENT.

RESPONDENT (S) EXHIBITS : NIL