Kerala High Court
Abdul Salam Balarath vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13480 OF 2023
PETITIONER:
ABDUL SALAM BALARATH,
AGED 56 YEARS
S/O.MAMMOOD B.P, H.S.A(ARABIC) ONIYAN HIGH SCHOOL,
KODIYERI, MOOZHIKKARA P.O. KANNUR-670103, RESIDING AT
BALARATH HOUSE, WEST PULLYODE, UMMENCHIRA P.O.,
KANNUR - 670649
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
APARNA NARAYAN MENON
CHINNU MARIA ANTONY
SILPA SREEKUMAR
MANJIMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF
GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, VAZHUTHACAUD-
POOJAPPURA ROAD JUNCTION, DPI, JAGATHY,
THIRUVANANTHAPURAM, KERALA, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
PUZHATHI HOUSING COLONY, KANNUR, KERALA, PIN - 670002
4 DISTRICT EDUCATIONAL OFFICER,
PALISSERY, THALASSERY, MALAPPURAM - 670104
5 THE HEADMISTRESS
ONIYAN HIGH SCHOOL, KODIYERI, MOOZHIKKARA P.O., KANNUR
DISTRICT, PIN - 670101
6 JEEJA KP
WP(C) NO. 13480 OF 2023
2
HSA (MALAYALAM) ONIYAN HIGHSCHOOL,
KODIYERI, MOOZHIKKARA P.O.,
KANNUR DISTRICT, PIN - 670101
BY ADV.
SMT.SURYA BINOY, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 13480 OF 2023
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13480 of 2023
----------------------------------------------
Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) To declare that the petitioner is entitled to
be appointed as H.M in Oniyan School, Kodiyeri,
Moozhikkara P.O., Kannur in the retirement vacancy
which arose on 01.04.2023, extending the benefit of
Ext. P8 and that the said appointment is to be
approved;
(ii) To issue a writ of mandamus directing the
4th respondent to appoint the petitioner instead of the
6th respondent as H.M notionally w.e.f 01.04.2023 in
Oniyan School, Kodiyeri, Moozhikkara P.O., Kannur in
the vacancy which arose due to retirement of Smt.
Anitha V.K on 31.03.2023 and to approve such
appointment;
(iii) To issue a writ of mandamus directing the
4th respondent to refrain from approving the
appointment of the 6th respondent as the
Headmistress of Oniyan High School, Kodiyeri;
(iv) To issue a writ of mandamus directing the
4th respondent to cancel the appointment of
WP(C) NO. 13480 OF 2023
respondent No.6 as the Headmistress of Oniyan High
School, Kodiyeri;
(v) To issue a writ of mandamus directing the
4th respondent to consider Ext. P7 request and pass
orders thereon within a time frame fixed by this
Hon'ble Court, after granting the petitioners an
opportunity of personal hearing;
(vi) To issue such other orders, directions or
writs as may be prayed for and that this Hon'ble Court
may deem fit on the facts and circumstances of the
case.
(v) To dispense with filing of the translation of
vernacular documents."[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that the petitioner will be satisfied if a
direction is issued to the 4th respondent to consider
Ext.P7 and the approval of appointment of the 6 th
respondent as Headmistress may be deferred, till Ext.P7
is considered.
3. Heard the learned Government Pleader also.
No notice is necessary to the 6th respondent at this
stage. If the 6th respondent is aggrieved by any of the
WP(C) NO. 13480 OF 2023
directions issued by this Court, the 6 th respondent is free
to file a Review petition before this Court.
4. Admittedly, the petitioner submitted Ext.P7
before the 4th respondent. The counsel appearing for the
petitioner submitted that the petitioner is retiring on
31.05.2023 and there may be a direction to consider
Ext.P7 before that date. I think there can be a direction
to the 4th respondent to consider Ext.P7 and if the
approval of appointment of the 6th respondent as
Headmistress is not approved as on today, the same can
be deferred till final orders are passed in Ext.P7.
Therefore, this writ petition is disposed of in the
following manner:
i. The 4th respondent is directed to consider
and pass appropriate orders in Ext.P7 with notice to
the petitioner and 6th respondent, as expeditiously as
possible, at any rate, before 30.04.2023.
ii. If the approval of appointment of the 6 th
respondent as Headmistress as on today is not
WP(C) NO. 13480 OF 2023
approved, the same shall be deferred till final orders
are passed in Ext.P7.
iii. Petitioner shall produce a stamped
certified copy of this judgment along with a copy of
this writ petition before the 4 th respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 13480 OF 2023
APPENDIX OF WP(C) 13480/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER
NO.B4/11391/14/(2) DATED 11.11.2014
ISSUED BY THE 4 TH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED
16.06.2014 ISSUED BY THE 4 TH
RESPONDENT TO THE 5 TH RESPONDENT
EXHIBIT P3 TRUE COPY OF DEGREE IN BACHELOR OF
ARTS DATED 07.08.1989
EXHIBIT P4 TRUE COPY OF THE B.ED CERTIFICATE NO.
1169 OBTAINED BY THE PETITIONER FROM
CALICUT UNIVERSITY DATED 03.11.1992
EXHIBIT P5 TRUE COPY OF KERALA PUBLIC SERVICE
COMMISSION DEPARTMENTAL CERTIFICATE
NO. 9708/97 DATED 17.11.1997
EXHIBIT P6 TRUE COPY OF KERALA PUBLIC SERVICE
COMMISSION DEPARTMENTAL CERTIFICATE
NO. 9709/97 DATED 17.11.1997
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
24.02.2023 SUBMITTED BEFORE THE 4 TH
RESPONDENT ALONG WITH H.M'S COVERING
LETTER
EXHIBIT P8 TRUE COPY OF G.O(MS)NO.157/2015/G.ED
DATED 10.06.2015
EXHIBIT P9 TRUE COPY OF THE
GO(P)NO.29/2016/G.EDN. DATED
29.01.2016
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
