Citation : 2021 Latest Caselaw 21186 Ker
Judgement Date : 20 October, 2021
WP(C) NO. 22265 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. 22265 OF 2021
PETITIONER/S:
THE ISLAMIC VOCATIONAL HIGHER SECONDARY SCHOOL
ORUMANAYUR, THRISSUR DISTRICT - 680 512
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
(HIGHER SECONDARY WING), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
S R V SCHOOL BUILDINGS, ERNAKULAM - 682 016.
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. 22265 OF 2021 2
JUDGMENT
Instant writ petition is filed seeking the following reliefs:
"i) issue a writ of mandamus or other appropriate writ, order or direction
commanding the respondents to sanction 1 more post of Lab Assistant in
the petitioner school.
ii) issue a writ of mandamus or other appropriate writ order or direction
commanding the 1st respondent to consider and pass appropriate orders
upon Exhibit P3 after affording an opportunity of being heard to the
petitioner within a time limit.
2. Sri. M.Sajjad, the learned counsel appearing for the petitioner
submitted that the limited request of the petitioner is for a direction to the 1st
respondent to consider and pass orders on Ext.P3 representation within a
timeframe with due notice.
3. I have 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 in the admission stage
itself by issuing the following directions:
a) Without expressing any opinion on the merits of the assertions made in
the representation there will be a direction to the 1st respondent to
take up, consider and pass appropriate orders on Ext.P3, after
affording an opportunity of being heard, either physically or virtually,
to the petitioner herein or their 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) 22265/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.VAISAKH E DATED 13/09/2021.
Exhibit P2 TRUE COPY OF THE JOINING REPORT DATED 13/09/2021.
Exhibit P3 TRUE COPY OF THE PETITION MOVED BEFORE THE GOVERNMENT DATED 13/09/2021.
RESPONDENTS EXHIBITS:NIL
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