Jubeena V.T vs State Of Kerala
2021 Latest Caselaw 21419 Ker

WP(C) NO. 19926 OF 2021       1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 19926 OF 2021
PETITIONER:

          JUBEENA V.T.
          AGED 32 YEARS
          W/O. ALATHAF C. K., V. T. HOUSE, KULANGARATHOPPU
          PARAMBU, KUNDUNGAL, KALLAYI P. O., KOZHIKKODE
          DISTRICT.

          BY ADV K.RAKESH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
          EDUCATION, SECRETARIAT, PALAYAM P. O.,
          TRIVANDRUM, PIN - 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695 014.
    3     THE DISTRICT EDUCATIONAL OFFICER
          DISTRICT EDUCATION OFFICE, THAZHEKKODE,
          KOZHIKKODE, PIN - 673 004.
    4     THE MANAGER
          CALICUT GIRLS HIGH SCHOOL, KUNDUNGAL,
          CALICUT, PIN - 673 003.
    5     THE HEADMISTRESS
          CALICUT GIRLS HIGH SCHOOL, KUNDUNGAL,
          CALICUT, PIN - 673 003.
          BY ADVS.
          P.NANDAKUMAR
          R.K.MURALEEDHARAN
          AMRUTHA SANJEEV
 WP(C) NO. 19926 OF 2021          2

             SMT NISHA BOSE SR GOVERNEMNT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.10.2021,   THE   COURT       ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19926 OF 2021            3



                                  JUDGMENT

The petitioner states that she is working as Full-Time Menial in the

Calicut Girls High School. She states that she has submitted Ext.P1 application

for leave through the 5th respondent to pursue her studies. The petitioner

contends that her request was returned by the 4th respondent as per Ext.P2

communication stating certain untenable reasons. The petitioner contends

that this Court in Deepa S. v. State of Kerala and Another [2010 (4) KLT

795] has held that the application for leave submitted to the Manager has to

be forwarded to the controlling officer along with his remarks. It is in the

afore circumstances that the petitioner is before this Court seeking a direction

to the 4th and 5th respondents to forward Ext.P1 application to the 3rd

respondent for further action in tune with Appendix VI of KSR.

2. In the course of proceedings, I.A.No.1 of 2021 has been filed

seeking to accept additional documents and the same was allowed. Ext.P3 is

the leave application submitted by the petitioner on 28.10.2021. The learned

counsel submits that the limited request is for direction to the respondents 4

and 5 to forward the same to the 3rd respondent and the said respondent be

directed to act in accordance with the provisions of law.

3. Sri.R.K.Muraleedharan, the learned counsel appearing for the

Headmaster submitted that the Headmaster has received the application and

the same shall be forwarded through the Manager.

4. Sri.P.Nandakumar, the learned counsel appearing for the

Manager submitted that the reasons stated for availing leave in the writ

petition and in Ext.P3 application are different. It is submitted that the

application can be processed in accordance with law.

5. Having considered the facts and circumstances and the

submissions made across the Bar, there will be a direction to the respondents

4 and 5 to forward Ext.P3 application to the 3rd respondent within a period of

ten days from the date of receipt of a copy of this judgment and the

respondents shall act in accordance with law.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 19926/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REQUEST DATED 25.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P1(a) TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING DELIVERY OF EXHIBIT P1.

Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 10.09.2021.

Exhibit P3 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER IN THE APPROPRIATE FORM DATED, 28.10.2021.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF REJECTION ORDER ISSUED BY DEO, THAMARASSERY DATED 25.08.2021

EXHIBIT R4(B) TRUE COPY OF REJECTION ORDER DATED 30.08.2021 ISSUED BY DEO, KOZHIKKODE

EXHIBIT R4(C) TRUE COPY OF REJECTION ORDER DATED 20.09.2021 ISSUED BY AEO, VYTHIRI