Jasmine P K vs The State Of Kerala
2023 Latest Caselaw 4679 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13136 OF 2023
PETITIONER:

          JASMINE P K
          AGED 36 YEARS
          WIFE OF MUHAMMAD SHANVIR, PUZHAKKARENTAVIDE HOUSE,
          PUTHUPPANAM P O, VADAKARA, KOZHIKODE DISTRICT-673106
          (FORMER ARABIC TEACHER, MUZHAPPILANGAD U P SCHOOL,
          MUZHAPPILANGAD, KANNUR DISTRICT-673662)
          BY ADV V.A.MUHAMMED


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE NDIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DISTRICT EDUCATIONAL OFFICER
          CIVIL STATION, KANNUR, PIN - 673001
    4     THE ASSISTANT EDUCATIONAL OFFICER
          KANNUR SOUTH, KANNUR, PIN - 673001
    5     THE MANAGER
          MUZHAPPILANGAD U P SCHOOL, MUZHAPPILANGAD,
          KANNUR DISTRICT, PIN - 673662
    6     SMT. THEJA K
          UPPER PRIMARY SCHOOL TEACHER,
          MUZHAPPILANGAD U P SCHOOL, MUZHAPPILANGAD,
          KANNUR DISTRICT, PIN - 673662
OTHER PRESENT:

          SMT.SURYA BINOY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13136 OF 2023
                                   2




                 P.V.KUNHIKRISHNAN, J.
               ===================
                WP(C) No. 13136 OF 2023
               ===================
            Dated this the 12th day of April 2023


                            JUDGMENT

The above writ petition is filed with the following prayers;

" i) Call for the records relating to Exhibits P-6 and P-7 and set aside the originals of the same by the issue of a writ of certioran or appropriate writ or order.

ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th respondent to grant approval to Exhibit P-1 forthwith.

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 P-8 after affording an opportunity of being heard to the petitioner within a time limit.

iv) To dispense with filing of English translation of vemacular documents produced along with the Writ Petition.

v) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that, he will WP(C) NO. 13136 OF 2023

be satisfied if a direction is issued to the 1 st respondent to

consider and pass appropriate orders in Ext.P8 within a time

frame.

3. Heard the learned Counsel for the petitioner and the

learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1 st respondent to

consider and pass appropriate orders in Ext.P8 within a time

frame. I make it clear that the 1 st respondent is free to pass

appropriate orders in accordance to law, after hearing the

affected parties.

Therefore, this writ petition is disposed of with the

following directions;

i. The 1st respondent is directed to consider and pass

appropriate orders in Ext.P8, as expeditiously as possible, at

any rate, within a period of four months from date of receipt of

a copy of the judgment,

ii. Before passing final orders, the 1 st respondent will

give an opportunity of hearing to the petitioner and other WP(C) NO. 13136 OF 2023

affected parties.

iii. The petitioner will produce a certified copy of this

judgment before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 13136 OF 2023

APPENDIX OF WP(C) 13136/2023

PETITIONER EXHIBITS :

EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 OF THE PETITIONER EXHIBIT P-2 TRUE COPY OF THE STAFF STATEMENT OF THE SCHOOL AS ON 15.7.2021 EXHIBIT P-3 TRUE COPY OF THE G.O. (P) NO.

3/2019/G.EDN. DATED 28.02.2019 EXHIBIT P-4 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 EXHIBIT P-5 TRUE COPY OF THE STAFF FIXATION ORDER NO.

K.DIS. G/51606/2019 DATED 17.07.2019 FOR THE ACADEMIC YEAR 2019-2020 EXHIBIT P-6 TRUE COPY OF THE ORDER NO.

RA(3)/75076/2020/DGE DATED 06.03.2020 ISSUED BY THE JOINT DIRECTOR (ACADEMIC) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT ALONG WITH ERRATUM ORDER NO. RA(30/75076/2020/DGE DATED 11.03.2020 EXHIBIT P-7 TRUE COPY OF THE G.O. (RT.) NO.

3797/2022/GEDN DATED 27.06.2022 EXHIBIT P-8 TRUE COPY OF THE SAID REPRESENTATION DATED 10.03.2023 SUBMITTED BEFORE THE GOVT

// True Copy // PA To Judge