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Shereefa T vs The State Of Kerala
2022 Latest Caselaw 10176 Ker

Citation : 2022 Latest Caselaw 10176 Ker
Judgement Date : 15 September, 2022

Kerala High Court
Shereefa T vs The State Of Kerala on 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

 
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