Vijayakumar M.K vs State Of Kerala
2022 Latest Caselaw 9447 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944

                   WP(C) NO. 16997 OF 2022

PETITIONER/S:

           VIJAYAKUMAR M.K.
           AGED 55 YEARS
           HEADMASTER, AJB SCHOOL, UMMATHUR,
           (P.O.) KUMBIDI, PALAKKAD - 679 523.

           BY ADVS.
           GEORGE ABRAHAM
           JOBY D JOSEPH

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY: SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,. SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

    2      DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM - 695 014.

    3      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           OTTAPPALAM, PALAKKAD - 679101. -

    4      ASSISTANT EDUCATIONAL OFFICER,
           THRITHALA, PALAKKAD - 679 534.

    5      PRIYA U.P.,
           UPSA, AJB SCHOOL,
           IMMATHUR, P.O. KUMBIDI,
           PALAKKAD - 679 523.

           BY ADV ADVOCATE GENERAL OFFICE KERALA

           SMT ANIMA M GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 16997 OF 2022

                                           2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs: "i) to issue a Writ of Certiorari; or any other appropriate writ, order or direction, to quash Exhibits P-3 and P-6 and P-13 orders issued by the respondents.

ii) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the respondent 1 to 4 to approve the appointment of the petitioner as Headmaster of the school with effect from 1/6/2021."

2. When this petition was come up for consideration on 31.05.2022,

this court had issued the following order:

"Sri. George Abraham, the learned counsel appearing for the petitioner submitted that the reasons stated in Ext.P13 order passed by the 1st respondent cannot be sustained under law. According to the learned counsel, one of the reasons for denying the consideration of the request made by the petitioner for provisionally appointing the petitioner to the post of Headmaster is that the Kerala Administrative Tribunal had passed a status quo over the Government Order dated 5.1.2021. The second reason is that there are discrepancies in the relinquishment letter issued by the 5th respondent. According to the learned counsel, the Kerala Administrative Tribunal has no jurisdiction to deal with service matters of aided schools. Insofar as the second reason is concerned, the relinquishment letter issued by the 5th respondent has been accepted by the Controlling Officer and furthermore, the 5th respondent has also issued Ext.P12 communication reiterating the very same fact.

2. In response, it is submitted by the learned Government Pleader that Circular No.J/218/2021 dated 11.4.2022 has been issued by the Principal Secretary as per which, some incentives have been WP(C) NO. 16997 OF 2022

granted to teachers who are not test qualified but have crossed 50 years of age for grant of temporary appointment under Chapter XIVA Rule 45C of the KER on the basis of seniority.

In that view of the matter, as an interim measure, there will be a direction to the 4th respondent to consider the implications of the Circular dated 11.4.2022 which has been issued pursuant to Ext.P13 order. The 4th respondent may also get proper inputs from Priya U.P., the 5th respondent herein. A decision shall be taken within a period of three weeks.

3. A counter affidavit has been filed by the 4th respondent, and in

Para No. 7, it has been stated thus:

"4. It is submitted that as per the approved seniority list, the 5th respondent, Priya U P, is the only qualified teacher eligible for promotion in the school. Even though the proposal for relinquishment was submitted before the 4th respondent the same was rejected vide order No D/1645/2022 dated 20.06.2022. Moreover the petitioner himself has certified that the school does not have an approved Manager. Even-though the promotion to the post of Headmaster is governed under the statutory provisions contained in Chapter XIV A KER, the proposal has to be submitted by an approved Manager. The first respondent can consider the proposal if, there is no qualified teacher eligible for promotion."

4. Sri. George Abraham, the learned counsel appearing for the

petitioner, submits that as the proposal for approval of the petitioner as Head

Master in AJB School, Ummathur was rejected by order dated 18.06.2021,

the petitioner has preferred Exhibit P14 revision petition before the 2nd

respondent. The learned counsel submits that, in view of the above, WP(C) NO. 16997 OF 2022

directions be issued to the 2nd respondent to consider Exhibit P14 with due

notice.

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 at

the admission stage itself 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.P14, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the respondents 4 and 5.

b) Orders, as directed above, shall be passed expeditiously, in any event, within 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

avs WP(C) NO. 16997 OF 2022

APPENDIX OF WP(C) 16997/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/49 &1988 ISSUED BY THE MANAGER.

Exhibit P2 TRUE COPY OF THE APPROVED SENIORITY LIST OF TEACHERS OF THE SCHOOL AS ON 1/1/2021

Exhibit P3 TRUE COPY OF THE REJECTION ORDER PASSED BY THE AEO, THRITHALA, DATED 18/6/2021.

Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE DEO DATED 1/10/2021.

Exhibit P5 TRUE COPY OF THE REQUEST ISSUED BY THE PETITIONER DATED 25/10/2021 TO THE AEO, THRITHALA. Exhibit P6 TRUE COPY OF THE ENDORSEMENT MADE BY THE CONTROLLING OFFICER DATED 1/11/2021. Exhibit P7 TRUE COPY OF THE STATEMENT OF RELINQUISHMENT DATED 1/6/2021, SIGNED BY SMT. U.P. PRIYA WHICH WAS ATTESTED BY THE AEO.

Exhibit P8 TRUE COPY OF THE REVISION FILED BY THE PETITIONER DATED 19TH NOVEMBER, 2021.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.26901/21 DATED 29TH NOVEMBER 2021.

Exhibit P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE JOINT SECRETARY DATED 10/2/2022.

Exhibit P11 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER DATED 22/2/22.

Exhibit P12 TRUE COPY OF THE COMMUNICATION ISSUED BY SMT. PRIYA U.P.

Exhibit P13 TRUE COPY OF THE GOVERNMENT ORDER NO. 2165/2022/G.

EDN. DATED 31/3/2022.

WP(C) NO. 16997 OF 2022

Exhibit P14 A COPY OF THE REVISION FILED BY THE PETITIONER DATED 2ND DAY OF JULY, 2022.