Citation : 2022 Latest Caselaw 6871 Ker
Judgement Date : 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19241 OF 2022
PETITIONER/S:
V.C.PRAVEEN
AGED 52 YEARS
S/O CHANDRASEKHARAN
KOORIKUZHI AMUP SCHOOL, KAIPAMANGALAM,
AUP SCHOOL PALLIKAL, JANAKEEYA VIDYALAM, MACHAD.
(RESIDING AT VAZHOOR HOUSE, KARAYAMUTTOM P.O.,
THRISSUR -680 567)
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX- II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM- 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR - 680 003.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19241 OF 2022
2
JUDGMENT
The petitioner contends that he is functioning as the approved
Manager of three Aided Primary Schools. He has approached this Court
being aggrieved by the order passed by the Director of General Education
permitting the Deputy Director of Education, Thrissur to proceed against
the petitioner in terms of Exhibit P4 order. The petitioner contends that
challenging Exhibit P4 order, he has preferred Exhibit P5 Revision Petition
before the Government, which is stated to be pending. The prayer in this
writ petition is for the issuance of directions to the 1st respondent to
expeditiously consider Exhibit P5 and take a decision
2. I have heard Sri. M. Sajjad, the learned counsel appearing
for the petitioner and Smt. Nisha Bose, the learned Senior Government
Pleader.
3. Having regard to the facts and circumstances and the
submissions made across the bar, I am of the view that directions can be
issued to the 1st respondent to take up, consider and pass appropriate
orders on Ext.P5.
WP(C) NO. 19241 OF 2022
Resultantly, this writ petition is disposed of by issuing the following
directions:
a) There will be a direction to the 1st respondent
to take up, consider and pass orders on Ext.P5, after
affording an opportunity of being heard, either physically
or virtually, to the petitioner herein or his authorised
representative.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of four 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 to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
avs WP(C) NO. 19241 OF 2022
APPENDIX OF WP(C) 19241/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE IMPUGNED NOTICE NO.
B6-19446/17 DATED 28.10.2017.
Exhibit P2 TRUE COPY OF THE STAY ORDER IN W.P(C) NO.
39164 OF 2017 DATED 05.12.2017.
Exhibit P2(a) TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
39164 OF 2017 DATED 11.09.2020.
Exhibit P3 TRUE COPY OF THE ORDER VA1/29683/2019/DGE DATED 18.02.2022.
Exhibit P4 TRUE COPY OF THE G.O(RT) NO. 214/2009/G.EDN DATED 14.01.2009.
Exhibit P4(a) TRUE COPY OF THE ORDER NO. ACD.
A2/10403/HSE/2013 DATED 13.01.2014.
Exhibit P4(b) TRUE COPY OF THE ORDER NO.
F2/63167/2011/DPI/K.DIS DATED 28.06.2012.
Exhibit P4(c) TRUE COPY OF ORDER NO. C.492/2012/K.DIS DATED 21.07.2012 OF AEO, VALAPPAD.
Exhibit P4(d) TRUE COPY OF ORDER NO.
F2-80998/2014/DPI/K.DIS DATED 26.12.2014.
Exhibit P4(e) TRUE COPY OF THE ORDER NO. C-4055/14/K.DIS DATED 08.01.2015 OF AEO, VADAKANCHERY.
Exhibit P4(f) TRUE COPY OF ORDER NO .F2-80901/14/DPI/K.DIS DATED 26.12.2014.
Exhibit P4(g) TRUE COPY OF ORDER NO. E-325/13/K.DIS DATED 13.01.2015 OF AEO, VADAKANCHERY.
Exhibit P4(h) TRUE COPY OF G.O(RT) NO. 708/2012/ G.EDN DATED 14.02.2012.
WP(C) NO. 19241 OF 2022
Exhibit P4(i) TRUE COPY OF G.O(RT) NO. 2637/14/G.EDN DATED 03.07.2014.
Exhibit P5 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 05.06.2022, WITHOUT EXHIBITS.
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