Bavya D.B vs The State Of Kerala
2023 Latest Caselaw 4968 Ker

           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. 12063 OF 2023
PETITIONERS:
    1     BAVYA D.B
          AGED 36 YEARS
          L.P. SCHOOL TEACHER, SOUMYATHA MEMORIAL UP SCHOOL,
          (P.O) CHANIYAMKADAVU, THODANNUR SUB DISTRICT,
          KOZHIKKODE DISTRICT, PIN - 673541
    2     ASRIYA. K
          AGED 36 YEARS
          L.P. SCHOOL TEACHER, SOUMYATHA MEMORIAL UP SCHOOL,
          (P.O) CHANIYAMKADAVU, THODANNUR SUB DISTRICT,
          KOZHIKKODE DISTRICT, PIN - 673541
          BY ADV DINESH KUMAR K.

RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          KOZHIKKODE, PIN - 673001
    4     THE DISTRICT EDUCATIONAL OFFICER
          VATAKARA, PIN - 673101
    5     THE ASSISTANT EDUCATIONAL OFFICER
          THODANNUR SUB DISTRICT, KOZHIKKODE, PIN - 673541
    6     THE MANAGER
          SOUMYATHA MEMORIAL UP SCHOOL, (P.O)
          CHANIYAMKADAVU, THODANNUR SUB DISTRICT,
          KOZHIKKODE DISTRICT, PIN - 673541
    7     THE HEADMISTRESS
          SOUMYATHA MEMORIAL UP SCHOOL, (P.O)
          CHANIYAMKADAVU, THODANNUR SUB DISTRICT,
          KOZHIKKODE DISTRICT, PIN - 673541
          BY SMT.NISHA BOSE, SR.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.12063/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.12063 of 2023
             ----------------------------------------------
            Dated this the 13th day of April, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or other appropriate writ, order or direction commanding the 5 th Respondent to approve the appointment of the Petitioners and grant the attendant benefits forthwith.

ii. dispense with production of English translation of vernacular documents.

iii. 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. The main prayer in this writ petition is to issue

appropriate direction to the 5th respondent to approve the

appointment of the petitioners in the light of Ext.P2 order of

the 1st respondent. This Court directed the Government

Pleader to get instructions, why the directions in Ext.P2 are

not complied with. Today, the Government Pleader, after WP(C).No.12063/2023

getting instructions, submitted that based on Ext.P2, the

Assistant Educational Officer concerned passed separate

orders as far as the petitioners are concerned, rejecting the

approval.

If that be the case, the petitioners have to challenge that

order.

Granting liberty to the petitioners to challenge the same,

this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.12063/2023

APPENDIX OF WP(C) 12063/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 28.01.2022 WP (C) 2998/2022 OF THIS HON'BLE COURT Exhibit P2 TRUE COPY OF THE GO (RT) NO.

3703/2022/GEDN DATED 21.06.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 02.07.2022 OF THE MANAGER ADDRESSED TO THE 5TH RESPONDENT