Manager vs State Of Kerala
2022 Latest Caselaw 5887 Ker

WP(C) NO. 5296 OF 2022               1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO. 5296 OF 2022


PETITIONER/S:

            MANAGER
            NADVATHUL ISLAM UPPER PRIMARY SCHOOL,
            P.O.NADVATH NAGAR, ALAPPUZHA DISTRICT-688 526.

            BY ADVS.
            P.M.PAREETH
            AISWARYA VENUGOPAL


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001

    2       DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUANANTHAPURAM-695 014.

    3       DISTRICT EDUCATIONAL OFFICER
            CHERTHALA, ALAPPUZHA DISTRICT-688 524.

    4       ASSISTANT EDUCATIONAL OFFICER,
            THURAVOOR, ALAPPUZHA DISTRICT-688 532



            SRI. SUNIL KUMAR KURIAKOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5296 OF 2022                         2




                                      JUDGMENT

The petitioner herein is the Manager of Nadvathul Islam UP School, an

aided school governed by the provisions of the Kerala Education Act and Rules

framed thereunder. The petitioner has approached this Court being aggrieved

by the long and indiscriminate delay in granting approval of the appointment of

the teachers covered by Exts.P1 to P9 appointment orders. The following

prayers are sought in this writ petition.

1. A direction to the fourth respondent to pass orders on Exhibit P12 submitted

by the petitioner in regard to the approval of appointment of the teachers

covered by Exhibit P1 to P9 appointment orders in compliance with Exhibit

P10 Government order and P11 circular.

2. To grant cost.

2. I have heard Sri. P.M. Pareeth, the learned counsel appearing for the

petitioner and Sri. Sunil Kumar Kuriakose, the learned Senior Government

Pleader.

3. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 4th

respondent to take up, consider and pass appropriate orders on Ext.P12 in the

light of Exts.P10 and P11, after hearing the petitioner as well as the affected

parties, expeditiously, in any event, within a period of six weeks from the date

of receipt of a certified copy of this judgment.

The petitioner shall produce a copy of the writ petition along with the

judgment before the 4th respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 5296/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 2.6.2016 IN RESPECT OF SMT. JUBINA V.B.

Exhibit P2 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 3.6.2016 IN RESPECT OF SMT. SHAKKIRA BEEVI V.M.

Exhibit P3 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 1.6.2017 IN RESPECT OF SMT. RASEENA A.

Exhibit P4 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 1.6.2017 IN RESPECT OF SMT. SHIBINA K.

Exhibit P5 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 1.6.2018 IN RESPECT OF SMT. IRFANA S.

Exhibit P6 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 1.6.2018 IN RESPECT OF SMT FARSANA N SATHAR

Exhibit P7 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 6.6.2019 IN RESPECT OF MR MOHAMMED FAHIS M.N.

Exhibit P8 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 6.12.2019 IN RESPECT OF SMT. ANEESA K.P

Exhibit P9 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 6.6.2019 IN RESPECT OF SMT. ANEESHA E.BAVA

Exhibit P10 A TRUE PHOTOCOPY OF THE GO(P) NO 4/2021/GEDN DATED 6.2.2021

Exhibit P11 A TRUE PHOTOCOPY OF THE CIRCULAR NO H2/19500/2019/DGE DATED 26.2.2021 ISSUED BY THE SECOND RESPONDENT

Exhibit P12 A TRUE PHOTOCOPY OF THE AFFIDAVIT AND THE COVERING LETTER DATED 10.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT RESPONDENT(S) EXHIBITS : NIL