Sruthi. N.D vs The State Of Kerala
2023 Latest Caselaw 4684 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. 13080 OF 2023
PETITIONERS:

          SRUTHI. N.D.
          AGED 35 YEARS
          W/O. SHYJU, HST (SOCIAL SCIENCE),
          RAC HIGHER SECONDARY SCHOOL, KATAMERI,
          KATAMERI P.O., VADAKARA EDUCATION DISTRICT,
          KOZHIKODE DISTRICT-673 542,
          RESIDING AT VALIYA VALAPPIL HOUSE, THODANNUR P.O.,
          KOZHIKKODE DISTRICT, PIN - 673108
          BY ADV DINESH KUMAR K.


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          KOZHIKKODE, PIN - 678001
    4     THE DISTRICT EDUCATIONAL OFFICER
          VADAKARA, PIN - 678582
    5     MANAGER
          RAC HIGHER SECONDARY SCHOOL, KATAMERI,
          KATAMERI P.O., VADAKARA EDUCATION DISTRICT,
          KOZHIKODE DISTRICT, PIN - 673542
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. 13080 OF 2023
                                 2



                P.V.KUNHIKRISHNAN, J.
              ===================
               WP(C) No. 13080 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 Exts. P3, P4 & P6 and set aside the original of the same by the issue of the writ of certiorari or other appropriate writ or order

ii) Issue a writ mandamus or other appropriate writ, order or direction commanding the 5 th respondent to approve the appomtment of the petitioner w.e.f. 15.07.2021.

iii) Issue a writ mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P9 after affording an opportunity of being heard to the petitioner within a time limit.

iv) Dispense with filing of the translation of vernacular documents.

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) WP(C) NO. 13080 OF 2023

2. When this writ petition came up for

consideration, the learned counsel for the petitioner

submitted that, he will be satisfied if a direction is issued to

the 1st respondent to consider and pass appropriate orders

in Ext.P9 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.P9 within a

time frame.

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.P9, 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. WP(C) NO. 13080 OF 2023

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. 13080 OF 2023

APPENDIX OF WP(C) 13080/2023

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/07/2021 EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL DATED 15/07/2021 EXHIBIT P3 TRUE COPY OF THE ORDER NO.B1/28320/2021 DATED 17/09/2021. EXHIBIT P4 TRUE COPY OF THE ORDER NO.

B4/215185/2021 DATED 30/07/2022 EXHIBIT P5 TRUE COPY OF THE LIST OF PROTECTED TEACHERS APPOINTED IN RACHSS, KATAMERI EXHIBIT P6 TRUE COPY OF THE ORDER NO.

B4/25803/2020/K. DIS DATED 12/02/2021 EXHIBIT P7 TRUE COPY OF THE REVISION PETITION BEFORE THE 1ST RESPONDENT DATED 10/07/2021.

EXHIBIT P8 TRUE COPY OF THE NOTICE NO.

L2/154/2021/G. EDN. DATED 30/11/2021 EXHIBIT P9 TRUE COPY OF THE REVISION PETITION BEFORE THE 1ST RESPONDENT DATED 20/01/2022 FILED BY THE PETITIONER

// True Copy // PA To Judge