The Manager vs State Of Kerala
2022 Latest Caselaw 5904 Ker

WP(C) NO. 27573 OF 2021             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. 27573 OF 2021
PETITIONER/S:

            THE MANAGER
            DEVI VILASOM VOCATIONAL HIGHER SECONDARY SCHOOL,
            THALAVOOR, THALAVOOR P.O,
            KOLLAM DISTRICT, PIN - 691508.

            BY ADVS.
            K.S.BHARATHAN
            ALPHIN ANTONY


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF GENERAL EDUCATION,
            GOVERNMENT SECRETARIAT, ANNEX II,
            THIRUVANANTHAPURAM, PIN - 695001.
    2       THE SECRETARY
            DEPARTMENT OF GENERAL EDUCATION,
            GOVERNMENT SECRETARIAT, ANNEX II,
            THIRUVANANTHAPURAM, PIN -695001.
    3       THE DIRECTOR OF GENERAL EDUCATION
            THYCAUD, JAGATHY,
            THIRUVANANTHAPURAM, PIN - 695014.
    4       THE REGIONAL DEPUTY DIRECTOR OF
            HIGHER SECONDARY EDUCATION
            CORPORATION BUILDING PALAYAM,
            THIRUVANANTHAPURAM, PIN - 695033.


            SMT. REKHA C NAIR, 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. 27573 OF 2021                    2



                                   JUDGMENT

The petitioner herein is the Manager of Devi Vilasom Vocational Higher

Secondary School, Thalavoor. Being aggrieved by the inaction on the part of the

respondents in sanctioning the required number of posts of teachers in the

Additional Commerce Batch in the above school, this writ petition is filed. It is

submitted by the learned counsel that, in respect of the schools similarly placed,

Ext.P8 order has been passed by the Government sanctioning additional posts.

The petitioner asserts that raising his grievances, he has submitted Ext.P9

representation before the 2nd respondent, which is stated to be pending.

2. Sri. K.S. Bharathan, the learned counsel appearing for the petitioner

submitted that the limited request of the petitioner at this stage is for a direction

to the 2nd respondent to expeditiously consider Ext.P9 representation in the light

of Ext.P8 Government Order.

3. I have heard Smt. Rekha C. Nair, the learned Senior Government

Pleader.

4. After having carefully evaluated the contentions raised in this writ

petition, 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 2nd respondent to take up, consider

and pass appropriate orders on Ext.P9, in the light of Ext.P8

Government Order, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or his

authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three 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) 27573/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF GO(MS) 247/2014/G.EDN DATED 24.11.2014.

Exhibit P2 TRUE COPY OF THE GO(MS) 143/2014/G.EDN DATED 31.07.2014.

Exhibit P3 TRUE COPY OF REGISTER SHOWING DETAILS THE ENROLLMENT OF STUDENTS IN THE ADDITIONALLY SANCTIONED COMMERCE AND SCIENCE BATCH FOR THE ACADEMIC YEAR 2015-16 DULY VERIFIED BY THE 4TH RESPONDENT DATED NIL.

Exhibit P4 TRUE COPY OF REGISTER SHOWING DETAILS THE ENROLLMENT OF STUDENTS IN THE ADDITIONALLY SANCTIONED COMMERCE AND SCIENCE BATCH FOR THE ACADEMIC YEAR 2016-17 DULY VERIFIED BY THE 4TH RESPONDENT DATED NIL.

Exhibit P5 TRUE COPY OF REGISTER SHOWING DETAILS THE ENROLLMENT OF STUDENTS IN THE ADDITIONALLY SANCTIONED COMMERCE AND SCIENCE BATCH FOR THE ACADEMIC YEAR 2017-18 DULY VERIFIED BY THE 4TH RESPONDENT DATED NIL.

Exhibit P6 TRUE COPY OF REGISTER SHOWING DETAILS THE ENROLLMENT OF STUDENTS IN THE ADDITIONALLY SANCTIONED COMMERCE AND SCIENCE BATCH FOR THE ACADEMIC YEAR 2018-19 DULY VERIFIED BY THE 4TH RESPONDENT DATED NIL.

Exhibit P7 THE TRUE COPY DETAILS OF STUDENTS ENROLLED DURING 2019-20, IS ALREADY FURNISHED TO THE 4TH RESPONDENT DATED NIL.

Exhibit P8 TRUE COPY OF GO(MS) 244/2021/G.EDN DATED 29.10.2021.

Exhibit P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 27.01.2022. Exhibit P10 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE 3RD RESPONDENT DATED 27.01.2022.

Exhibit P11 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE 2ND RESPONDENT DATED 27.01.2022.

RESPONDENT(S) EXHIBITS : NIL