Jayalakshmi V vs The State Of Kerala
2021 Latest Caselaw 18052 Ker

 WP(C) NO. 17833 OF 2021            1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                         WP(C) NO. 17833 OF 2021
PETITIONER/S:

             JAYALAKSHMI V.,
             AGED 47 YEARS,
             WIFE OF MADHUKUMAR, HIGH SCHOOL TEACHER (NATURAL
             SCIENCE), V V HIGHER SECONDARY SCHOOL, THAMARAKKULAM
             P.O., CHARUMMOODU, ALAPPUZHA DISTRICT 690 505,
             (RESIDING AT THURUTHYIL DEVIPRIYA, KARIMULACKAL,
             P.O. KOMALLOOR , ALAPPUZHA DISTRICT 690 505.

             BY ADVS.
             V.A.MUHAMMED
             V.RAJASEKHARAN NAIR


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 DEPUTY DIRECTOR OF EDUCATION,
             CIVIL STATION, ALAPPUZHA 688 001.

      4      THE DISTRICT EDUCATIONAL OFFICER,
             MAVELIKARA, ALAPPUZHA DISTRICT 690 101.

      5      THE MANAGER,
             V V HIGHER SECONDARY SCHOOL, THAMARAKKULAM P.O.
             CHARUMMOODU, ALAPPUZHA DISTRICT 690 505.

             SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2021,   THE    COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
  WP(C) NO. 17833 OF 2021                    2

                                      JUDGMENT

The petitioner states that she commenced continuous approved service

as UPST from 5.6.2006 onwards against a regular vacancy in the VV Higher

Secondary School, Thamarakkulam, an aided school, under the management

of the 5th respondent as per Ext.P1 order of appointment. As she was the

senior most Rule 43 claimant, she was promoted and appointed as HST (NS)

from 15.7.2021 onwards against the retirement vacancy of Smt.M.R.Anitha

who retired on 31.3.2020. However, her appointment was rejected by the

DEO, Mavelikkara as per order dated 1.8.2021 on the ground that the

appointee did not possess B.Ed. in the concerned subject. The petitioner

contends that the order passed by the DEO cannot be sustained. Being

aggrieved, she is stated to have preferred Ext.P11 revision petition before the

Government. It is in the afore circumstances that the petitioner is before this

Court seeking the following reliefs:-

"i) call for the records relating to Exhibits-P5, P6 and P7 and set

aside the originals of the same by the issue of a writ of

certiorari or other appropriate writ or order.

ii) declare that Exhibit-P4 appointment by promotion of the

petitioner as HST(NS) from 15.07.2021 is legally valid and

sustainable.

iii) issue a writ of mandamus or other appropriate writ, order or

direction commanding the 4th respondent DEO to grant

approval to Exhibit-P4 appointment as HST(NS) from

15.07.2021 onwards.

iv) issue a writ of mandamus or other appropriate writ order or

direction commanding the 1st respondent to effectively consider

and pass appropriate orders upon Exhibit-P11 revision petition

within a time frame after affording an opportunity of being

heard to the petitioner."

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.P11 revision petition within a

time frame with due notice.

3. In view of the nature of the order that I propose to pass, notice

to the party respondent is dispensed with.

4. Heard the learned Government Pleader who submits that the

revision petition can be heard on its merits and orders shall be passed within a

period of three months.

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 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.P11 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

her authorised representative, the Manager as well as

affected parties, if any.

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) 17833/2021

PETITIONER (S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DAED 05.06.2006.

Exhibit P2 TRUE COPY OF THE B.SC. CERTIFICATE OF THE PETITIONER DATED 03.04.2000.

Exhibit P3 TRUE COPY OF THE B.ED. CERTIFICATES OF THE PETITIONER DATED 04.05.2002.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021.

Exhibit P5 TRUE COPY OF THE ORDER NO. B5/26520/2021 DATED 01.08.2021 OF THE DEO, MAVELIKKARA.

Exhibit P6 TRUE COPY OF THE G.O. P NO.

220/2005/G.EDN. DATED 19.07.2005 OF THE GOVT.

Exhibit P7 TRUE COPY OF THE G.O.(P) NO.

165/2008/G.EDN. DATED 19.09.2008 OF THE GOVT.

Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 2003 KHC 158 DECIDED ON 21.03.2002.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.A. NO.

724/2014 DATED 02.06.2014.

Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2009 KHC 1287 DECIDED ON 12.11.2009.

Exhibit P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 16/08/2021.

Exhibit P12 TRUE COPY OF THE G.O.(P) NO.

424/2020/G.EDN. DATED 22.01.2020 OF THE GOVT.

Exhibit P13 TRUE COPY OF THE JUDGMENT IN W.A. NO.

135/2017 DATED 07.08.2017.

Exhibit P14 TRUE COPY OF THE G.O.(RT) NO.

444/2018/G.EDN. DATED 27.01.2018 OF THE GOVT.

RESPONDENT (S) EXHIBITS : NIL