Citation : 2022 Latest Caselaw 6915 Ker
Judgement Date : 14 June, 2022
WP(C) NO. 3794 OF 2022 1
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. 3794 OF 2022
PETITIONER/S:
DR.N.ABDUL BARI
AGED 58 YEARS
S/O VEERANHAJI, RTD.H.S.S.T, P.T.M.H.S.S,
THAZEKKAD (AIDED SCHOOL) PRINTHALMANNA,
MALAPPURAM-679 322, RESIDING AT KODAKKAD,
MANNARKKAD, PALAKKAD -678 583.
MOBILE; 9447942409
BY ADV U.BALAGANGADHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY ,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(FORMER DIRECTOR OF PUBLIC INSTRUCTIONS)
DPI OFFICE, JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DIRECTOR
STATE COUNCIL OF EDUCATIONAL RESEARCH & TRAINING
(SCERT) (VIDYABHAVAN), POOJAPPURA P.O,
THIRUVANANTHAPURAM-695 012
SRI. PREMCHAND R NAIR, 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. 3794 OF 2022 2
JUDGMENT
The petitioner states that he was a Higher Secondary School Teacher, who
attained superannuation on 31.3.2019. According to the petitioner, he is the
recipient of numerous National and State awards, which were awarded to him in
recognition of his outstanding service in the field of education. He contends that
the Government has issued Ext.P4 order wherein National Award Winning
Teachers like the petitioner are invited as Special Invitees to the Curricula
Committee under the 3rd respondent. He contends that he has preferred Ext.P7
representation before the 1st respondent seeking inclusion in the Curricula
Committee. The prayer in this writ petition is for a direction to the 1st
respondent to consider Ext.P7 and take an appropriate decision.
2. I have heard Sri. U.Balagangadharan, the learned counsel appearing
for the petitioner, Sri. P.C.Sasidharan, the learned standing counsel appearing for
the 3rd respondent and Smt. Nisha Bose, the learned Government Pleader.
3. Having regard to the facts and circumstances and the submissions
made across the bar and the facts and circumstances, I am of the view that this
writ petition can be disposed of 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.P7 after affording an
opportunity of being heard, either physically or virtually, to the
petitioner herein or his authorized 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) 3794/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 A TRUE COPY OF NATIONAL AWARD TO TEACHERS-
2012 CERTIFICATE DATED. 5.9.2013 ISSUED BY MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY.
Exhibit P2 A TRUE COPY OF STATE AWARD CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 5.9.2012
Exhibit P3 A TRUE COPY OF GOVT.ORDER (MS) NO.
61/85/G.EDN. DATED 26.3.1985
Exhibit P4 A TRUE COPY OF GOVT. ORDER (RT) NO.
837/2015/G.EDN. DATED 2.3.2015
Exhibit P5 A TRUE COPY OF LETTER OF THE FIRST RESPONDENT TO THE PETITIONER DATED 19.6.2015
Exhibit P6 A TRUE COPY OF GOVT. ORDER (RT) NO.
32/2017/G.EDN. DATED 9.1.2017
Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 17.8.2021
RESPONDENT(S) EXHIBITS : NIL
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