Kerala Aided School Non-Teaching ... vs State Of Kerala
2022 Latest Caselaw 5921 Ker

WP(C) NO. 3645 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. 3645 OF 2022
PETITIONER:

           KERALA AIDED SCHOOL NON-TEACHING STAFF ASSOCIATION,
           (RECOGNISED BY GOVT. OF KERALA AS PER G.O(MS)
           81/68/EDN. DT. 28.02.1968), REPRESENTED BY ITS
           PRESIDENT, MADHU N.V, NTS BHAVAN, ARANGATH ROAD,
           ERNAKULAM NORTH P.O, KOCHI-682 018

           BY ADVS.
           JOSE ABRAHAM
           PHILIP.N.JOSEPH
           MANAS P HAMEED
           E.ADITHYAN



RESPONDENTS:

     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
           EDUCATION, 3RD FLOOR, ANNEX II, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001

     2     DIRECTORATE OF GENERAL EDUCATION,
           REPRESENTED BY ITS DIRECTOR, JAGATHI,
           THIRUVANANTHAPURAM-695 014.

     3     THE DIRECTOR OF HIGHER SECONDARY EDUCATION
           THIRUVANANTHAPURAM, PIN-695 014.

             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      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. 3645 OF 2022               2




                                 JUDGMENT

An association of Non-Teaching Staff of Government aided schools in

the State of Kerala has approached this Court challenging the action of the

1st respondent in forcefully deploying High School Class IV employees in

charge of monitoring the safe custody of question papers of the Higher

Secondary examinations. It is the case of the petitioner that Higher

Secondary Part-Time Menial, Clerk, Librarian etc. posts should be created by

the Government instead of adopting the said procedure.

2. The learned Government Pleader points out that Ext.P1

representation filed by the petitioner is before the 2nd respondent. As the

creation of posts is a policy decision, the petitioner ought to have submitted

Ext.P1 before the 1st respondent.

3. In that view of the matter, there will be a direction to the

petitioner to place Ext.P1 before the 1st respondent within a period of two

weeks from the date of receipt of a copy of this judgment. If a

representation is submitted as aforesaid, the 1st respondent shall consider

the same and take a decision within a period of three months.

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

judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 3645/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF REPRESENTATION DATED 29.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL