Anju.N vs State Of Kerala
2022 Latest Caselaw 6274 Ker

WP(C) NO. 13772 OF 2022             1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       WP(C) NO. 13772 OF 2022


PETITIONER/S:

            ANJU.N.,
            AGED 26 YEARS
            W/O.JIJESH.T., HST MUSIC,
            CHAPPARAPADAVU HIGHER SECONDARY SCHOOL,
            CHAPPARAPADAVU P.O., KANNUR-670 581,
            RESIDING AT KANNAGOTE (H), KADAMKUNNU,
            KAKKARA P.O., KANNUR-670 306.

            BY ADVS.
            KALEESWARAM RAJ
            VARUN C.VIJAY
            THULASI K. RAJ
RESPONDENT/S:

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

    2       DIRECTOR OF GENERAL EDUCATION,
            DIRECTORATE OF GENERAL OF EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM-695 014.

    3       ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL),
            DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM-695 014.

    4       DEPUTY DIRECTOR OF EDUCATION,
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
            PUZHATHI HOUSING COLONY, KANNUR-670 002.

    5       DISTRICT EDUCATIONAL OFFICER, THALIPARAMBA,
            OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
            REVENUE TOWER, COURT ROAD, THALIPARAMBA,
            KANNUR-670 141.
 WP(C) NO. 13772 OF 2022           2




    6     MANAGER, CHAPPARAPADAVU HIGHER SECONDARY SCHOOL,
          CHAPPARAPADAVU P.O., KANNUR-670 581.



          SRI. PREMCHAND R NAIR, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13772 OF 2022                  3




                                 JUDGMENT

The petitioner states that she is currently working as a Music Teacher in

the High School Section of Chapparapadavu Higher Secondary School. According

to her, she was appointed with effect from 25.07.2019 in the retirement vacancy

of a certain Smt. Jessi Francis, which arose on 30.04.2019. Though the proposal

for approval of her appointment was submitted, the same was rejected by the

4th respondent as per Ext.P1 order. Though an appeal was preferred, the same

was also rejected. It is the case of the petitioner that she is having all the

necessary qualifications to be appointed as a Music Teacher in the High School

section. In the said circumstances, she has submitted Ext.P11 representation

before the 1st respondent seeking approval of her appointment with effect from

25.07.2019. It is in the afore circumstances that the petitioner is before this

Court seeking directions.

2. Smt. Thulasi K. Raj, the learned counsel appearing for the petitioner,

would refer to the law laid down by this Court in Bose William v. State of

Kerala [2002 (2) KLT 34] and submit that the matter is covered by the law laid

down by this Court. According to the learned counsel, now that Ext.P11 is

pending consideration of the 1st respondent, the petitioner would be satisfied if

directions are issued to the 1st respondent to consider Ext.P11 in the light of

Ext.P9 judgment.

3. I have heard Sri. Premchand R. Nair, the learned Senior Government

Pleader. In the nature of the order that I propose to pass, notice to the 6th

respondent is dispensed with.

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 1st respondent to take up,

consider and pass appropriate orders on Ext.P11 in the light of

Ext.P9 judgment, as per procedure and in accordance with law,

after affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised representative.

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

event, within a period of two 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 NS

APPENDIX OF WP(C) 13772/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE ORDER NO.B1/13989/2019 DATED 28.11.2019 ISSUED BY THE 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE ORDER NO.B4/210442/2020 DATED 17.07.2020 ISSUED BY 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE APPEAL DATED 07.09.2020 SUBMITTED BY THE MANAGER BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO.EM4/231561/2020 DATED 05.04.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER NO.B1/33444/2022 DATED 04.03.2022 ISSUED BY THE 5TH RESPONDENT. Exhibit P6 TRUE COPY OF THE POST GRADUATION CERTIFICATE DATED 23.07.2019 OF THE PETITIONER ISSUED BY THE VICE CHANCELLOR, KANNUR UNIVERSITY. Exhibit P7 TRUE COPY OF THE BACHELOR'S DEGREE CERTIFICATE DATED 10.07.2017 OF THE PETITIONER ISSUED BY THE VICE CHANCELLOR, KANNUR UNIVERSITY.

Exhibit P8 TRUE COPY OF THE K-TET ELIGIBILITY CERTIFICATE DATED 20.03.2020 OF THE PETITIONER ISSUED BY THE SECRETARY, BOARD OF EXAMINATIONS (K-TET).

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 14.02.2022 IN OP NO.4429/1998 REPORTED AS BOSE WILLIAM V. STATE OF KERALA 2002 (2) KLT 34 PASSED BY THIS HON'BLE COURT.

Exhibit P10 TRUE COPY OF THE GO(RT) NO.2120/2018/DGE DATED 08.06.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE REVISION PETITION DATED 26.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL