Kerala High Court
Reji V vs The State Of Kerala on 23 December, 2022
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. 42635 OF 2022
PETITIONER/S:
REJI V.,
AGED 44 YEARS
DAUGHTER OF GOPINATHAN, HSA (MALAYALAM), KHADIRIYYA
HIGH SCHOOL, KOTTUKADU, MUKUNDAPURAM P .O, CHAVARA,
KOLLAM DISTRICT - 691 585. (RESIDING AT SUBHADRALAYAM,
KUREEPUZHA P.O, PERINADU, KOLLAM DISTRICT - 691 601).
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 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM- 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY, KOLLAM 691 009.
4 THE DISTRICT EDUCATIONAL OFFICER,
VIDYA NAGAR, KOLLAM - 691 013.
5 THE MANAGER,
KHADIRIYYA HIGH SCHOOL, KOTTUKADU, MUKUNDAPURAM P O,
CHAVARA, KOLLAM DISTRICT - 691 585.
WP(C) NO. 42635 OF 2022 2
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:
WP(C) NO. 42635 OF 2022 3
JUDGMENT
The petitioner states that she was appointed as UPSA in the Khadiriyya
High School, Kottukadu with effect from 01.06.2017 onwards and the same
stands approved. The 5th respondent has issued Ext.P2 proceedings
promoting the petitioner as HSA (Malayalam) with effect from 01.06.2018
onwards. However, the proposal was rejected on the ground of delay and also
on the ground that the petitioner was not having KTET qualification. The order
was challenged by the manager by preferring a revision petition before the 2nd
respondent and by Ext.P9 proceedings dated 29.10.2022, the revision petition
stands rejected. In the said circumstances, the petitioner is stated to have
preferred Ext.P10 revision petition before the Government. It is in the afore
circumstances that the petitioner is before this Court seeking to quash Ext.P3,
P6 and P9 and for consequential reliefs.
2. When this writ petition is taken up for consideration, Smt.Jenziya,
the learned counsel appearing for the petitioner, requested that necessary
directions be issued to the 1st respondent to consider Ext.P10 by adverting to
P11 Government Order.
3. I have heard Smt. Nisha Bose, the learned senior Government
Pleader.
4. In view of the limited nature of the relief sought, no prejudice
would be caused to the 5th respondent if notice is dispensed with.
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 1st respondent to take
up, consider and pass appropriate orders on Ext.P10 in
the light of Ext.P11, after affording an opportunity of
being heard, either physically or virtually, to the
petitioner herein or her authorized representative and
the 5th respondent.
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
Sru
APPENDIX OF WP(C) 42635/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT
EDUCATIONAL OFFICER, KOLLAM VIDE ORDER NO.
B1/19180/2020 DATED 31.07.2021.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER
(KHADIRIYA HIGH SCHOOL, KOTTUKADU) VIDE ORDER
NO. 05/2021 DATED 30.12.2021.
Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 30.12.2021.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT
EDUCATIONAL OFFICER, KOLLAM VIDE ORDER NO.
B1/32986/2022 DATED 13.01.2022.
Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE MANAGER
BEFORE THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM DATED 28.01.2022.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE MANAGER BEFORE THE DIRECTOR DATED
20.01.2022.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE DDE,
KOLLAM VIDE ORDER NO. B3/216965/2022 DATED
14.03.2022.
Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED
BY THE MANAGER BEFORE THE DIRECTOR DATED
21.03.2022(WITHOUT EXHIBITS).
Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 24724
OF 2022 DATED 01.08.2022.
Exhibit P9 TRUE COPY OF THE ORDER NO. ET1/236373/2022
DATED 29.10.2022.
Exhibit P10 TRUE COPY OF THE REVISION PETITION SUBMITTED
BY THE PETITIONER BEFORE THE GOVERNMENT DATED
15.11.2022.
Exhibit P11 TRUE COPY OF THE G.O(MS) NO. 179/2021/G.EDN
DATED 18.08.2021.
RESPONDENTS EXHIBITS : NIL
