Citation : 2022 Latest Caselaw 10176 Ker
Judgement Date : 15 September, 2022
WP(C) NO. 28580 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
WP(C) NO. 28580 OF 2022
PETITIONER:
SHEREEFA T
AGED 33 YEARS
WIFE OF MOIDEEN, LOWER PRIMARY SCHOOL TEACHER
(LPST), ORPHANAGE AIDED LOWER PRIMARY SCHOOL,
VALLAPPUZHA, SHORNUR, PALAKKAD DISTRICT-679 336.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
II, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
OTTAPPALAM, PALAKKAD DISTRICT-679 101.
4 THE ASSISTANT EDUCATIONAL OFFICER,
SHORNUR, PALAKKAD DISTRICT-679 121.
5 THE MANAGER/CORRESPONDENT,
ORPHANAGE AIDED LOWER PRIMARY SCHOOL, VALLAPPUZHA,
SHORNUR, PALAKKAD DISTRICT-679 336.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 28580 OF 2022 2
JUDGMENT
Instant writ petition is filed seeking the following reliefs:
i) call for the records relating to Exhibit P2 and set aside the original of the same by the issue of a writ of certiorari or appropriate writ or order.
ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to grant approval to Exhibits P1 and P3 forthwith and as such.
iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P10 after affording an opportunity of being heard to the petitioner within a time limit.
2. Sri.Sajjad, the learned counsel appearing for the petitioner,
submits that challenging the rejection of approval of appointment of the
petitioner herein, the petitioner has approached the Government and has
preferred Ext.P10 revision petition. The learned counsel submits that his
limited request at this stage is for issuance of directions to the 1st
respondent to consider the revision petition and take a decision
expeditiously.
3. Heard the learned Government Pleader. In view of the order
that I propose to pass, notice to the 5th respondent is dispensed with.
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 at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Ext.P10, after
affording an opportunity of being heard, either physically or
virtually, to the petitioner herein or her authorized
representative.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within 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
IAP
APPENDIX OF WP(C) 28580/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 11.08.2017.
Exhibit P2 TRUE COPY OF THE ORDER NO.B/8770/2021 DATED 18.09.2021 OF THE AEO, SHORNUR.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2018.
Exhibit P4 TRUE COPY OF THE G.O. (P) NO. 4/2021/ G.EDN.
DATED 06.02.2021 OF THE GOVT.
Exhibit P5 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 09.03.2021.
Exhibit P6 TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN EDUCATION.
Exhibit P7 TRUE COPY OF THE CERTIFICATE OF NIOS DATED 29.07.2022
Exhibit P8 TRUE COPY OF THE RECOGNITION CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT TO SRI VISHNU V DATED 17.11.2021.
Exhibit P9 TRUE COPY OF THE KTET CERTIFICATE OF THE PETITIONER.
Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.08.2022.
RESPONDENTS' EXHIBITS:
NIL
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!