Citation : 2022 Latest Caselaw 7513 Ker
Judgement Date : 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20392 OF 2022
PETITIONER/S:
THE MANAGER
S.D.P.Y. K.P.M. HIGH SCHOOL,
EDAVANAKKAD, ERNAKULAM, PIN - 682502
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
K.P.SATHEESAN (SR.)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
EDAPPALLY, ERNAKULAM, PIN - 682024
4 SANKINI M. RAJ
MULLOTHUKAD HOUSE, PALLURUTHY P.O.,
ERNAKULAM, PIN - 682006
SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20392 OF 2022 2
JUDGMENT
The petitioner states that he is the Manager of S.D.P.Y K.P.M High
School, Edavanakkad. When a vacancy arose in the school on 1.6.2017,
the petitioner appointed one Fazeela. He contends that the matter was
challenged in appeal by the 4th respondent and the 3rd respondent
allowed the same. Challenging the said order, the petitioner is stated to
have preferred a revision petition before the 2nd respondent but the
same was rejected. Being aggrieved, the petitioner is stated to have
preferred a revision petition before the 1st respondent along with an
application for stay. Seeking expeditious consideration of the revision
petition, the petitioner is before this Court.
2. The learned Government Pleader has pointed out that though
the order dated 3.2.2022 of the DGE has not been produced before this
Court, if the revision petition and the application for stay is pending
consideration, the same can be heard and disposed of in accordance with
the law.
Having regard to the submissions advanced, this writ petition is
disposed of by issuing the following directions:
a) If Ext.P1 revision petition and application for stay is pending
before the 1st respondent, the 1st respondent shall consider the same
and pass appropriate orders within a period of three months from the
date of receipt of a copy of this judgment.
b) If the petitioner seeks early hearing of the stay petition, the
1st respondent shall consider the same.
c) The petitioner shall produce a copy of the writ petition along
with this judgment before the respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru
APPENDIX OF WP(C) 20392/2022
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28-02-2022.
Exhibit-P2 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.
535242/2022 IN REVISION PETITION NO. EC 3871/2022 PENDING BEFORE THE 1ST RESPONDENT DATED 18-06-2022.
RESPONDENTS EXHIBITS : NIL
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