Sreejith.S vs State Of Kerala
2021 Latest Caselaw 21184 Ker

WP(C) NO. 22261 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. 22261 OF 2021
PETITIONER/S:

          SREEJITH.S
          AGED 41 YEARS
          S/O. SREENIVASAN NAIR, HEADMASTER, CHEEKILODE AMLP
          SCHOOL, CHEEKKILODE P.O.,KOZHIKODE DISTRICT-673315,
          RESIDING AT SREEKALA, POST KOLATHUR,
          KOZHIKODE DISTRICT-673 315

          BY ADV R.K.MURALEEDHARAN


RESPONDENT/S:

    1     STATE OF KERALA
          REP BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
          THIRUVANANTHAPURAM-695 001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM-695 014
    3     THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT-673 004
    4     ASSISTANT EDUCATIONAL OFFICER,
          BALUSSERY, KOZHIKODE DISTRICT-673 612
    5     THE MANAGER,
          CHEEKKILODE AMLP SCHOOL, CHEEKKILODE P.O.,
          KOZHIKODE DISTRICT-673 315
          SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER


     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. 22261 OF 2021                      2




                                       JUDGMENT

Instant writ petition is filed seeking the following reliefs:

"i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exts.P2, P3 and P8 orders of the respondents 2 to 4;

ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to approve the appointment of the petitioner as Headmaster based on Ext.P1 order of appointment with effect from 23.12.2017 with all consequential benefits; or in the alternative

iii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass appropriate orders on Ext.P9 revision in the light of Ext.P4 order dated 28.9.2020 and Ext.P7 judgment of this Hon'ble Court after hearing the parties within a time frame.

2. Sri. R.K.Muralidharan, the learned counsel appearing for the

petitioner submits that the limited request of the petitioner is for a direction to

the 1st respondent to consider and pass orders on Ext.P9 revision petition in

the light of Ext.P4 Government Order and Ext.P7 judgment of this Hon'ble

Court within a timeframe with due notice.

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

Pleader as well.

4. In view of the nature of order that I propose to pass, 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 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.P9 in the light of Exts.P4 and

P7, 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 his authorised representative

as well as the party 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) 22261/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 23.12.2017

Exhibit P2 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 30.03.2019

Exhibit P3 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 23.07.2020

Exhibit P4 A TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 28.09.2020

Exhibit P5 A TRUE COPY OF THE ORDER DATED 07.07.2014 ISSUED BY THE 4TH RESPONDENT

Exhibit P6 A TRUE COPY OF THE ORDER IN WPC NO.19214/2014 DATED 25.07.2014

Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WPC NO.19214/2014 DATED 09.04.2021

Exhibit P8 A TRUE COPY OF THE ORDER DATED 16.04.2021

Exhibit P9 A TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 07.05.2021

RESPONDENTS EXHIBITS:NIL