A. Souda vs The State Of Kerala
2021 Latest Caselaw 20330 Ker

WP(C) NO. 20650 OF 2021            1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                      WP(C) NO. 20650 OF 2021
PETITIONER/S:

             A. SOUDA
             AGED 49 YEARS
             W/O. A. RAHIM, HEADMISTRESS, PULIYAPARAMB HIGHER
             SECONDARY SCHOOL, POST KODUNTHIRAPULLY,
             PALAKKAD DISTRICT - 678 014.

             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 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
             EDUCATION, B2 BLOCK, UP HILL, CIVIL STATION ROAD,
             MALAPPURAM DISTRICT - 676 505.

     3       THE MANAGER
             PULIYAPARAMB HIGHER SECONDARY SCHOOL,
             POST KODUNTHIRAPULLY,
             PALAKKAD DISTRICT - 678 014.




             SMT. NISHA BOSE, SR. GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20650 OF 2021                2



                                  JUDGMENT

The petitioner states that he is the Headmaster in the Puliyaparamb

Higher Secondary School, Kodunthirapully, an aided School under the

management of the 3rd respondent. It is the case of the petitioner that the

School was upgraded as a Higher Secondary School in the year 2000 and the

post of Principal was sanctioned in the year 2006. Applying the 2:1 ratio, it is

now the 3rd turn of the Principal and the petitioner being qualified, she was

appointed to the post. However, her request was rejected by the 2nd

respondent on the ground that there is no workload for the petitioner to

teach the pupils. The petitioner contends that the view taken by the 2nd

respondent is against the principles laid down by this Court in Jayaraj V.P.

and Another v. State of Kerala and Others [2016 KHC 419] and also the stand

taken by the Government in Exts.P8 and P9 Government Orders and the law

laid down by this Court in Ext.P1 and P11. Being aggrieved, the petitioner is

stated to have preferred Ext.P10 representation before the 1st respondent. It

is in the afore circumstances that the petitioner is before this Court seeking

issuance of directions to the 1st respondent to consider Ext.P10 in an

expeditious manner in the light of Exts. P1, P8, P9 and P11.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for the

petitioner and Smt.Nisha Bose, the learned senior Government Pleader.

3. 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.P10 in the light of

Exts. P1, P8, P9 and P11 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, as well as the 3rd

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 DSV

APPENDIX OF WP(C) 20650/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE DECISION REPORTED IN 2021(4) KHC 264 DECIDED ON 8TH APRIL 2021.

EXHIBIT P2 TRUE COPY OF THE LETTER OF SRI. MOHAMMED AMEEN K. K. DATED 12.07.2021.

EXHIBIT P3          TRUE COPY OF THE STATEMENT OF
                    RELINQUISHMENT DATED 12.07.2021.

EXHIBIT P4          TRUE COPY OF THE PROCEEDINGS OF THE
                    MANAGER DATED 13.07.2021.

EXHIBIT P5          TRUE COPY OF THE APPOINTMENT ORDER OF THE
                    PETITIONER DATED 13.07.2021.

EXHIBIT P6          TRUE COPY OF THE PHSS/RDD/APPT/07/2021/12

DATED 13.07.2021 BY THE MANAGER ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.G/4431/2021/RDD/HSE/MLPM DATED 06.09.2021 OF THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE G.O.(RT) NO.2913/2021/G.EDN. DATED 02.06.2021 OF THE GOVT.

EXHIBIT P9 TRUE COPY OF THE G.O.(RT) NO.1992/2020/G.EDN. DATED 16.06.2020 OF THE GOVT.

EXHIBIT P10 TRUE COPY OF THE PETITION ADDRESSED TO THE 1ST RESPONDENT DATED 09.09.2021.

EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DECIDED ON 26.02.2016.

EXHIBIT P12 TRUE COPY OF THE DECISION REPORTED IN 2017(3) KHC 429 DECIDED ON 19.06.2017.

RESPONDENT(S) EXHIBITS : NIL