Jomol M. George vs The State Of Kerala
2023 Latest Caselaw 8250 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 25021 OF 2023
PETITIONER:

          JOMOL M. GEORGE
          AGED 53 YEARS
          W/O. ALEXANDER C. J., LOWER PRIMARY SCHOOL TEACHER,
          AUP SCHOOL, VELLIYANCHERI, VELLIYANCHERI P O,
          MALAPPURAM, PIN - 679326
          BY ADV S.M.PRASANTH


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
          GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          THE OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          MALAPPURAM, NH 213, DOWN HILL, MALAPPURAM -,
          PIN - 676 505.

    4     THE DISTRICT EDUCATIONAL OFFICER
          WANDOOR, DISTRICT EDUCATIONAL OFFICE, WANDOOR P O,
          MALAPPURAM - 679 328, PIN - 679 328.

    5     THE ASSISTANT EDUCATIONAL OFFICER
          MELATUR P O, MALAPPURAM, PIN - 679 326.

    6     THE MANAGER,
          AUPS, VELLIYANCHERI, VELLIYANCHERI P O, MALAPPURAM,
          PIN - 679 326.
 WP(C) No. 25021 of 2023             2

      7      SHINE JOSEPH,
             AUP SCHOOL, VELLIYANCHERI, VELLIYANCHERI P O,
             MALAPPURAM UPST, AUP SCHOOL, VELLIYANCHERI,
             VELLIYANCHERI P O, MALAPPURAM -679 326,
             PIN - 679 326.


OTHER PRESENT:

             SI.PREMCHAND R NAIR-SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 25021 of 2023                 3


                               JUDGMENT

Dated this the 1st day of August, 2023

This writ petition is filed seeking the following reliefs:-

i) "Declare that the petitioner is eligible and entitled to be appointed as the Headmaster of the school under the management of the 6th respondent in view of her seniority, test qualification and other criteria in terms of governing rules;

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5 and 6th respondents to th

remove the 7th respondent from the post of Headmaster under the management of the 6th respondent and to appoint the petitioner as the Headmaster in the said vacancy;

iii) Declare that Exhibit P5 amendment to Kerala Right of Children to Free and Compulsory Education Rules 2011 by G O (P) No.1/2021/G.Edn dated 05.01.2021 is untra vires of the Government under the Right of Children to Free and Compulsory Education Act, 2009 and fundamental rights guaranteed to the petitioner under Articles, 14, 16, 19 and 21 of the constitution.

iv) Call for the records leading upto Exhibit P5 and set aside the same by issuing issue a writ of certiorari or any other appropriate writ, order or direction;"

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. In view of the directions being issued, notice to

respondents 6 and 7 is dispensed with. The petitioner,

who claims to be the senior most teacher in the school

of the 6th respondent, has raised a claim for appointment

to the post of Headmistress in the school. It is submitted

by the learned counsel for the petitioner that the

Manager has appointed the 7th respondent violating the

seniority. It is contended that the petitioner preferred

Ext.P3 objection to the approval of the appointment of

the 7th respondent, as also, raising a claim for

appointment of teacher.

4. Without expressing any view in the merits of the

matter, there will be a direction to the 5 th respondent to

consider Ext.P3 objection raised by the petitioner and

pass orders on the same before approving the

appointment of the 7th respondent as HM, if the

appointment has not already been approved. The

orders, as directed above, shall be passed after hearing

the petitioner as well as the manager and the 7 th

respondent. Order shall be passed within a period of one

month from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of this

writ petition along with a copy of the judgment before

the 5th respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SRJ

APPENDIX OF WP(C) 25021/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE SHOWING THE PASSING OF DEPARTMENTAL TESTS BY THE PETITIONER BEARING ID NO.6825#1#6 DATED 02.06.2015

Exhibit P1(a) TRUE COPY OF THE CERTIFICATE SHOWING THE PASSING OF DEPARTMENTAL TESTS BY THE PETITIONER BEARING ID : 32431#1#36 DATED 01.06.2015

Exhibit P2 TRUE COPY OF THE SENIORITY LIST OF THE TEACHERS AS ON 01.01.2023

Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 1.7.2023

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 1.7.2023

Exhibit P5 TRUE COPY OF G O (P) NO.1/2021/G.EDN DATED 05.01.2021

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED16.03.2023 IN W P (C) NO. 2494 OF 2021 OF THIS HON'BLE COURT