Kerala High Court
Mr.Deepak vs The District Educational Officer on 17 June, 2022
WP(C) NO. 18982 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 18982 OF 2022
PETITIONER:
MR.DEEPAK,
AGED 40 YEARS
S/O.E.RAJENDRAN,
EASWARA VILASAM, KIZHAKKEKARA,
KOTTARAKKARA, KOLLAM
PIN - 691506
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA V.J
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFFICER,
THE DISTRICT EDUCATIONAL OFFICE,
NEAR POLICE STATION, KOTTARAKKARA,, PIN - 691506
2 M.NIRMALA DEVI,
D/O.A.EASWARA PILLAI,
RESIDING AT EASWARA VILASAM, KIZHAKKEKKARA,
KOTTARAKKARA, KOLLAM, PIN - 691506
3 ANITHA SIVAKUMAR,
D/O.K.N.PILLAI, FLAT 7H,
BLOCK A, PLANET X, SRI DHANYA HOMES,
KALLAMPALLY, SRIKARIYAM MEDICAL COLLEGE P.O.
TRIVANDRUM - 695011
WP(C) NO. 18982 OF 2022 2
4 GEETHA M,
D/O LATE CHANDRASHEJHARAN NAIR,
A3 PANDITS COLONY, KOWDIAR,
THIRUVANANTHAPURAM - 695003
5 KERALA INFORMATION AND TECHNOLOGY FOR EDUCATION
(KITE),
OFFICE OF IT SCHOOL PROJECT, POOJAPURA,
THIRUVANANTHAPURAM - 695012
6 * ADDL R6
THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM
* ADDL R6 IS SUO MOTU IMPLEADED AS PER JUDGMENT
DATED 17.06.2022 IN W.P.(C) 18982 OF 2022.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18982 OF 2022 3
JUDGMENT
Instant writ petition is filed seeking the following reliefs:
(i) Call for the records leading to Exhibit P13 and quash Exhibit
P13 by issue of a writ of certiorari or other writ order or direction.
(ii) issue a writ of mandamus or other writ, order or direction
directing the 5th respondent to activate the name of petitioner in
Samanwaya Support Portal [email protected] forthwith.
2. The State of Kerala represented by the Secretary, General
Education Department, Thiruvananthapuram is suo motu impleaded as an
additional 6th respondent. The learned Government Pleader takes notice.
3. Sri.S.Sreekumar, the learned senior counsel appearing for the
petitioner submits that this Court by Ext.P12 judgment dated 29.03.2022,
taking note of the fact that the revision petition is pending before the
Government,had directed the Government to consider the revision petition
preferred against the order dated 14.04.2021, expeditiously, at any rate,
within a period of one month after considering the subsequent event, ie., the
resolution dated 19.02.2022, after affording an opportunity of hearing to all
sides. Though the revision petition was heard, no orders have been passed
to date. During the interregnum, the AEO has issued Ext.P13 order
deactivating the tenure of the petitioner herein in his capacity as the
Manager of the educational agency. It is contended that serious hardship
would be caused to the petitioner as the Headmistress of the School has
retired on 31.05.2022 and due to deactivation, no entries can be made in the
portal.
4. The learned Government Pleader on instructions submitted that
the period of tenure of the petitioner herein as Manager had ended on
23.02.2022 and it was in the said circumstances that the deactivation was
carried out. It is submitted that as the matter had already been heard by
the Government, orders can be passed within a period of two weeks from
today.
5. I have considered the submissions advanced and have perused
the records.
6. I find that in terms of the directions issued by this Court in
Ext.P12 judgment, the Government has heard the contesting parties. All
that remains is the passing of the final order. The learned Government
Pleader on instructions has submitted that orders shall be issued latest
within a period of two weeks. As the dispute is with regard to management
of the educational agency and as it appears that by Ext.P9 interim order, this
Court had already directed the petitioner from effecting any appointment of
teaching staff or/and non-teaching staff in the A Easwara Pillai Memorial
Higher Secondary School, Irumpanangad, it would only be appropriate to
direct the Government to take a decision on the revision petition in an
expeditious manner.
Resultantly, this writ petition will stand disposed of directing the
additional 6th respondent to pass orders on the revision petition filed by the
parties in terms of the directions issued by this Court as per Ext.P12
judgment, expeditiously, in any event, within a period of two weeks from the
date of receipt of a copy of this judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 18982/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF TRUST DEED AS DOCUMENT
NO.1707/1978 DATED 31-05-1978
Exhibit P1(a) TYPED COPY OF EXHIBIT.P1
Exhibit P 2 TRUE COPY OF ORDER DATED 04-05-2013 OF THE
1ST RESPONDENT
Exhibit P3 TRUE COPY OF ORDER DATED 26-02-2019 OF THE
1ST RESPONDENT
Exhibit P4 TRUE COPY OF ORDER DATED 26-06-2019 OF THE
1ST RESPONDENT
Exhibit P5 TRUE COPY OF ORDER NO.B4/6265/2020/E.O. DATED
12-10-2020 OF THE DEPUTY DIRECTOR OF
EDUCATION
Exhibit P6 TRUE COPY OF JUDGMENT IN W.P.(C).NO.24958 OF
2020 DATED 09-12-2020 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF ORDER OF THE DIRECTOR GENERAL OF
EDUCATION DATED 14-04-2021 REJECTING REVISION
PETITION
Exhibit P8 TRUE COPY OF COMMON JUDGMENT DATED 27-08-2021
IN W.P.(C).NO.10804 OF 2021 AND W.P.
(C).NO.16427 OF 2021 OF THIS HON'BLE COURT
Exhibit P9 TRUE COPY OF INTERIM ORDER DATED 17-09-2021
IN W.P.(C).NO.19357 OF 2021 OF THIS HON'BLE
COURT
Exhibit P10 TRUE COPY OF MINUTES OF THE MEETING DATED 19-
02-2022
Exhibit P11 TRUE COPY OF APPLICATION DATED 25-02-2021
FILED BY THE PETITIONER IN GEDN-F1/55/2021-
GEDN
Exhibit12 TRUE COPY OF JUDGMENT DATED 29-03-2022 IN
W.P.(C).NO.8679 OF 2022 OF THIS HON'BLE
COURT, DIRECTING THE STATE OF KERALA TO
CONSIDER EXHIBIT.P11
Exhibit P13 TRUE COPY OF PRINT OUT OF THE EMAIL DATED
31-05-2022 OF RESPONDENT NO.5
RESPONDENTS' EXHIBITS:
NIL
