The Manager,M.M.M.U.M. Upper ... vs The State Of Kerala
2022 Latest Caselaw 12495 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                    WP(C) NO. 42625 OF 2022
PETITIONER/S:

    1      THE MANAGER,M.M.M.U.M. UPPER PRIMARY SCHOOL
           KARAKKAD, ERATTUPETTA - 686121. (MOHAMMED ASHRAF K.A.,
           S/O. HAJI P.M.A. KAREEM, FATHIMA MANZIL, NADACKAL P.O,
           ERATTUPETTA - 686121).

    2      MOHAMMED ASIM T.M.,
           S/O. MOHAMMED THAHA, THATTAMPARAMBIL HOUSE,
           NADACKKAL P.O, ERATTUPETTA-686121.

    3      ASNA M. MUHAMMED,
           D/O. MUHAMMED M.H., MOLECHALIL HOUSE, NADACKAL P.O,
           ERATTUPETTA - 686121.

           BY ADV SUBHASH CHAND S

RESPONDENT/S:

    1      THE STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
           GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.

    2      THE DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF
           PUBLIC INSTRUCTIONS),
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           THIRUVANANTHAPURAM - 695 001.

    3      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           KANJIRAPPALLY - 686506.
 W.P. (C) No.42625 of 2022         2


      4        THE ASSISTANT EDUCATIONAL OFFICER,
               OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
               ERATTUPETTA-686121.



               SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P. (C) No.42625 of 2022             3




                                  JUDGMENT

The 1st petitioner is the approved Manager of the Mohammed Matha

Marium Umma Memorial Upper Primary School, Karakkad. Petitioners 2 and 3

are working as UPSTs in the above school. The grievance of the petitioners

concerns Exts.P2, P3, P5 and P6 orders issued by respondents 3 and 4 by

which the request for approval of the petitioners 2 and 3 as UPSTs with effect

from 15.7.2021 stands declined.

2. Sri. Subhash Chand, the learned counsel appearing for the

petitioners, submit that challenging the orders impugned, the petitioners have

preferred Ext.P9 statutory revision before the 2nd respondent and request

that directions be issued to the said respondent to consider the same in the

light of Exts.P7 and P8 orders.

3. Heard the learned Government Pleader.

4. 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.P9

revision petition in the light of Exts. P7 and P8 orders,

after affording an opportunity of being heard, either

physically or virtually, to the petitioners herein or their

authorized representative.

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 petitioners 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) 42625/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SAID APPOINTMENT ORDER DATED 15/7/2021 ISSUED BY PETITIONER NO. 1.

Exhibit P2 TRUE COPY OF THE SAID ORDER THUS ISSUED BY RESPONDENT NO. 4.

Exhibit P3 TRUE COPY OF THE ORDER BEARING NO.

B1/196571/2021 DATED 8/11/2022.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/7/2021 ISSUED BY PETITIONER NO. 1.

Exhibit P5 TRUE COPY OF THE SAID ORDER DATED 23/9/2021 PASSED BY RESPONDENT NO. 4.

Exhibit P6 TRUE COPY OF THE SAID ORDER DATED 8/11/2022 PASSED BY RESPONDENT NO. 3.

Exhibit P7 TRUE COPY OF THE ORDER DATED 13/12/2022 IN W.A. NO. 1602 OF 2022 AND CONNECTED APPEALS.

Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER REFERRED TO IN EXT. P7 ORDER AS EXT. R1(A) IS THE GOVERNMENT ORDER BEARING NO. 111/2022/G.EDN. DATED 25/6/2022.

Exhibit P9 TRUE COPY OF THE SAID STATUTORY REVISION PETITION DATED 24/11/2022 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENT NO. 2.

RESPONDENTS EXHIBITS : NIL