Citation : 2022 Latest Caselaw 4824 Ker
Judgement Date : 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14918 OF 2022
PETITIONER/S:
BAVITHA T.K., AGED 52 YEARS
D/O PRABHAKARAN, AGED 52 YEARS NEEDLE WORK
TEACHER MOKERI EAST UP SCHOOL, PANOOR KANNUR-
670692 (RESIDING AT PRABHA NIVAS, KOORARA,
CHAMPAD.P.O, PANOOR -670694).
BY ADVS.
T.T.MUHAMOOD
JAYENDRAN KOCHOTH
RESPONDENT/S:
1 THE STATE OF KERALA, REP. BY THE SECRETARY TO
GOVERNMENT GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION JAGATHY,
THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, KANNUR PIN-670 002.
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE AEO, PANOOR , THALASSERY-670 692.
5 THE MANAGER
MOKERI EAST UPS, PANOOR PANOOR- 670692.
6 THE MANAGER,
SREENARAYANA VILASAM LP SCHOOL, VALLIYAYI KERALA
670 671.
WP(C) No.14918/2022
..2..
7 THE MANAGER,
ABDU RAHIMAN SMARAKAM UP SCHOOL, CHENDAYAD,
PUTHOOR, KERALA 670 671.
OTHER PRESENT:
SMT PARVATHY .K GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.14918/2022
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JUDGMENT
The petitioner, who claims to be differently
abled, has approached this Court seeking a
direction to the 1st respondent to dispose
Ext.P5, an appeal challenging the deployment
of the petitioner from Mokeri East UP School,
Panoor to St.Joseph High School,
Vayattuparamba, a school situated around 60 km
away from the petitioner's residence, after
hearing the petitioner, within a time frame.
2. After hearing the learned counsel on either
side and taking into account the pendency of
the appeal, there will be a direction to the
1st respondent to consider and pass appropriate
orders in accordance with law on Ext.P5
appeal, within a period of six weeks from
today after hearing the petitioner and other
affected parties, if any, either through WP(C) No.14918/2022
..4..
physical or online mode. The petitioner will
be free to produce any material, which she
relies on, for substantiating her contentions.
Needless to say that the 1st respondent will
advert to such contentions, while considering
the revision.
This Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE bka/30.04.2022 WP(C) No.14918/2022
..5..
APPENDIX OF WP(C) 14918/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CERTIFICATE DATED 06.02.2017 ISSUED BY THE MEDICAL BOARD, SHOWING THE DISABILITY OF THE PETITIONER.
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER DATED 07.06.1993 ISSUED BY THE THREE MANAGERS JOINTLY. (WITH TYPED COPY).
Exhibit P3 TRUE COPY OF GO (MS) NO.
108/2001/G.EDN DATED 23.03.2001. (WITH TYPED COPY).
Exhibit P4 TRUE COPY OF ORDER NO. B4/7651/2021(1) DATED 10.01.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 05.04.2022.
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