Kerala High Court
Sushama .K.B vs State Of Kerala on 23 September, 2021
WP(C) NO. 13743 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 13743 OF 2021
PETITIONER/S:
SUSHAMA .K.B
AGED 31 YEARS
D/O. N.P. BALASUBRAMANIAN, HIGH SCHOOL TEACHER,
DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA,
PALAKKAD DISTRICT-678 593
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
K.C.ANTONY MATHEW
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
D.P.I JUNCTION, JAGATHY, THIRUVANANTHAPURAM-695 004
3 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KUNATHURMEDU, PALAKKAD-678 001
4 DISTRICT EDUCATIONAL OFFICER,
MANNARKKAD, PALAKKAD DISTRICT-678 582
5 MANAGER,
DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA,
PALAKKAD DISTRICT-678 593
6 ANUPAMA K,
HIGH SCHOOL ASSISTANT, DESABANDHU HIGHER SECONDARY
SCHOOL, THACHAMPARA, PALAKKAD DISTRICT-678 593
WP(C) NO. 13743 OF 2021 2
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
SRI BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13743 OF 2021 3
JUDGMENT
The petitioner states that she is working as HSA (Physical Science) in the
Desabandhu Higher Secondary School, Thachampara, an aided school managed
by the 5th respondent. According to the petitioner, when there occurred a
vacancy of HSA on 3.10.2017, instead of appointing the petitioner, the 6th
respondent was appointed. It was in the said circumstances that raising various
contentions, this writ petition was filed by the petitioner.
2. The petitioner contends that during the pendency of the writ petition,
disregarding the contentions advanced by the petitioner, the approval was
granted to the appointment of the 6th respondent. I.A.No.1/2021 has been filed
producing a copy of Ext.P20 order, as per which, approval was granted. The
petitioner contends that in view of Ext.P21 Government Order, the approval
could not have been granted as the 6th respondent had not cleared K.TET as on
15.7.2021. In the said circumstances, the petitioner is stated to have filed
Ext.P22 revision petition before the 2nd respondent.
3. When the matter came up for consideration, Sri.Lindons C. Davis, the
learned counsel appearing for the petitioner submitted that the limited request of
the petitioner is for a direction to the 2nd respondent to consider Ext.P22
revision petition in an expeditious manner.
4. I have heard Sri.Bijoy Chandran, the learned Government Pleader and
Sri.K.Mohanakannan, the learned counsel appearing for the 5th respondent.
5. In view of the nature of the order that I propose to pass, notice to
respondents 5 and 6 is dispensed with.
6. 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 2nd respondent to take up, consider
and pass appropriate orders on Ext.P22 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 and the respondents 5
and 6.
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) 13743/2021
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 27.06.2016.
Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2017.
Exhibit P3 A COPY OF THE B.SC DEGREE CERTIFICATE OF
THE PETITIONER DATED 12.05.2010.
Exhibit P4 A COPY OF THE M.SC DEGREE CERTIFICATE OF
THE PETITIONER DATED 24.01.2015.
Exhibit P5 A COPY OF THE B.ED CERTIFICATE OF THE
PETITIONER DATED 20.09.2012.
Exhibit P6 A COPY OF THE STATE ELIGIBILITY TEST
CERTIFICATE OF THE PETITIONER DATED
31.05.2016.
Exhibit P7 A TRUE COPY OF THE APPOINTMENT ORDER OF THE
6TH RESPONDENT DATED 03.10.2017.
Exhibit P8 A COPY OF THE PETITION DATED 20.10.2020.
Exhibit P9 A COPY OF THE SAID G.O(MS) NO.
886/2020/G.EDN. DATED 19.02.2020.
Exhibit P10 A COPY OF THE PETITION SUBMITTED BY THE
PETITIONER DATED 20.10.2020.
Exhibit P11 A COPY OF THE POSTAL ACKNOWLEDGMENT CARD.
Exhibit P12 A COPY OF THE G.O(MS) NO. 275/99/G.EDN.
DATED 9.11.1999.
Exhibit P13 A COPY OF THE INTERIM ORDER DATED
30.11.2020 IN W.P.C NO. 24010/2020
Exhibit P14 A COPY OF THE JUDGMENT DATED 11.12.2020 OF
THIS HON'BLE COURT IN W.P.C NO. 24010/2020
Exhibit P15 A COPY OF THE GO(MS) NO. 3179/2021/G.EDN
DATED 29.06.2021.
Exhibit P16 A COPY OF THE GO(P) NO. 4/2021/G EDN. DATED
06.02.2021.
Exhibit P17 A COPY OF THE CIRUCLAR NO.
J2/87/2020/G.EDN. DATED 25.02.2021 OF THE
GOVERNMENT.
Exhibit P18 A COPY OF THE CIRCULAR NO. H2/19500/2019/
D.G. E DATED 26.02.2021 OF THE 2ND
RESPONDENT.
Exhibit P19 A COPY OF THE AFFIDAVIT OF THE MANAGER
DATED 01.03.2021.
Exhibit P20 A COPY OF THE ORDER NO.B4/17684/202 DATED
15.7.2021.
Exhibit P21 A COPY OFTHE G.O.(M.S) nO.58/2021/G.EDN
DATED 12.2.2021.
Exhibit P22 A COPY OF THE REVISION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
29.7.201.
RESPONDENTS EXHIBITS:NIL
