Kerala High Court
The Manager vs The State Of Kerala on 24 June, 2022
WP(C) No.20732/2022 1/4
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. 20732 OF 2022 (N)
PETITIONER:
THE MANAGER, VIJAYA HIGHER SECONDARY SCHOOL, PULPPALLY, WAYANAD
DISTRICT - 673 579
RESPONDENTS:
1. THE STATE OF KERALA, REP: BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001
2. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM -695 001
3. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DDE, KALPETTA,
WAYANAD DISTRICT - 673 122
4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, KALPETTA,
WAYANAD DISTRICT - 673 122
5. THE DIRECTOR, VIGILANCE & ANTICORRUPTION BUREAU,
THIRUVANANTHAPURAM-695033
6. SOJAN JOSEPH, HEADMASTER (UNDER SUSPENSION), VIJAYA H.S.S.,
PULPPALLY, WAYANAD DISTRICT, RESIDING AT UNNIYAPPILLIL HOUSE,
PULPPALLY P.O, WAYANAD DISTRICT - 673975
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceeding pursuant to Exhibit P26 order of
the third respondent and to allow the petitioner to continue as Manager of
the Pulpally Vijaya Higher Secondary School, till the disposal of the writ
petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.SANDESHRAJA, ANOOP.V.NAIR, RAMESH CHAND, DEVI P & A.K.ANANDA
KRISHNAN, Advocates for the petitioner and of GOVERNMENT PLEADER for R1 to
R5 (By Order), the court passed the following:
WP(C) No.20732/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P. (C) No.20732 of 2022
-------------------------------------------
Dated this the 24th day of June, 2022
ORDER
The learned Government Pleader takes notice for respondents 1 to 5.
The petitioner to serve a copy of the writ petition to Shibly Naha, the learned
counsel, who has instituted W.P.(C) No.11137 of 2022 which is pending before
this Court.
2. Sri. Sandesh Raja, the learned counsel appearing for the
petitioner, submitted that the petitioner had approached this Court
challenging the order dated 21.03.2022 issued by the Additional Director and
had also asserted that he had preferred a revision petition before the
Government challenging the said order. It is pointed out that this Court by
Ext.P22 judgment dated 23.05.2022 directed expeditious consideration of the
revision petition and also the application seeking stay filed alongwith. In the
meantime, the 6th respondent had approached this Court and had preferred
W.P.(C) No.11137 of 2022 and by an interim order dated 22.04.2022, this
Court had directed the Manager to implement the directions issued by the
DGE within a period of two weeks, unless the same is stayed or disposed of
by the Appellate authority. According to the petitioner, while the revision
WP(C) No.20732/2022 3/4
W.P.(C) No.20732 of 2022
petition, as well as the stay petition, is pending consideration, Ext.P26 order
has now been issued appointing the DEO as the Manager by invoking Rule 7
of Chapter III of the KER. The petitioner asserts that the petitioner has
entered appearance in the writ petition and has preferred an application to
vacate the interim order.
3. I have heard the learned Government Pleader and have
considered the submissions.
4. Having regard to submissions advanced, as an interim measure,
there will be a direction to the respondents to keep in abeyance the
implementation of Ext.P26 till 29.06.2022.
5. The learned Government Pleader shall get instructions as to
whether the stay petition has been taken up and considered.
Post on 29.06.2022.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
24-06-2022 /True Copy/ Assistant Registrar
WP(C) No.20732/2022 4/4
Exhibit P22 TRUE COPY OF THE JUDGMENT DATED 23-05-2022 IN WP (C)
12722 OF 2022
Exhibit P26 A TRUE COPY OF THE ORDER NO: A5/5452/2021 DATED
21-06-2022 OF THE THIRD RESPONDENT
