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Rajeena M.E vs The State Of Kerala
2023 Latest Caselaw 4982 Ker

Citation : 2023 Latest Caselaw 4982 Ker
Judgement Date : 13 April, 2023

Kerala High Court
Rajeena M.E vs The State Of Kerala on 13 April, 2023
WP(C) NO. 13882 OF 2023             1



                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. 13882 OF 2023
PETITIONER/S:
          RAJEENA M.E.
          AGED 29 YEARS
          W/O. ABDURAHIM, HST (MATHEMATICS), RAC HIGHER
          SECONDARY SCHOOL, KATAMERI, KATAMERI P.O., VADAKARA
          EDUCATION DISTRICT, KOZHIKODE DISTRICT-673 542,
          RESIDING AT MEETHALE ELLIL HOUSE, KARANTHODE P.O.,
          KOZHIKKODE DISTRICT, PIN - 673508

               BY ADV DINESH KUMAR K.


RESPONDENT/S:
    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        THE MANAGER
               RAC HIGHER SECONDARY SCHOOL, KATAMERI, KATAMERI
               P.O., VADAKARA EDUCATION DISTRICT, KOZHIKODE
               DISTRICT, PIN - 673542

               SMT.SURYA BINOY, 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. 13882 OF 2023                  2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                    W.P.(C) No. 13882 of 2023
                   --------------------------------------
               Dated this the 13th day of April, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

(i) "call for the records relating to Exhibit P3 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 4th Respondent to approve the appointment of the Petitioner w.e.f. 06/06/2019.

(iii) issue a writ mandamus or other appropriate writ, order or direction commanding the 2nd Respondent to consider and pass appropriate orders upon Exhibit P-6 and P-7 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]

2. When this writ petition came up for consideration,

the learned counsel appearing for the petitioner submitted

that the petitioner will be satisfied if a direction is issued to

the 2nd respondent to consider and pass orders in Exts.P6 and

P7 within a time frame.

3. Heard the learned Government Pleader also.

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

itself can be disposed of directing the 2 nd respondent to

consider and pass orders in Exts.P6 and P7 within a time

frame with notice to the petitioner and the 5th respondent.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to consider and pass

appropriate orders in Exts.P6 and P7 with notice to the

petitioner and the 5th respondent, as expeditiously as possible,

at any rate, within three months from the date of receipt of a

stamped certified copy of this judgment .

2) The petitioner will produce a stamped certified copy

of this judgment along with copy of this writ petition before the

2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13882/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06/06/2019

ExhibitP2 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL DATED 06/06/2019

ExhibitP3 TRUE COPY OF THE ORDER NO.B1/11244/2019 DATED 07/10/2020 ISSUED BY THE 4TH RESPONDENT

ExhibitP4 TRUE COPY OF THE LIST OF PROTECTED TEACHERS APPOINTED IN RACHSS, KATAMERI DATED 22/09/2020

ExhibitP5 TRUE COPY OF THE ORDER NO. D.DIS.

B1/24450/2021 DATED 08/08/2021 ISSUED BY THE 4TH RESPONDENT

ExhibitP6 TRUE COPY OF THE REVISION APPEAL DATED 24/09/2022 OF THE MANAGER FILED BEFORE THE 2ND RESPONDENT

ExhibitP7 TRUE COPY OF THE REVISION APPEAL DATED 01/02/2023 FILED BY THE PETITIONER

 
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