Citation : 2023 Latest Caselaw 4982 Ker
Judgement Date : 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
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W.P.(C) No. 13882 of 2023
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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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