Kerala High Court
Minimol V.M vs The Director Of General Education on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28199 OF 2023
PETITIONER:
MINIMOL V.M, AGED 48 YEARS,
W/O ABOOBACKER. V.A, HIGH SCHOOL ASSISTANT,
JAMA ATH HIGHER SECONDARY SCHOOL, THANDEKKAD,
MUDICKAL P.O., (VIA) PERUMBAVOOR,
ERNAKULAM DISTRICT - 683542.
BY ADVS.GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
2 THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT, PIN - 682030.
3 THE DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691.
4 THE MANAGER,
JAMA ATH HIGHER SECONDARY SCHOOL,
THANDEKKAD, MUDICKAL P.O., (VIA) PERUMBAVOOR,
ERNAKULAM DISTRICT - 683542.
5 V.P. ABOOBACKER, HEADMASTER-IN-CHARGE,
JAMA ATH HIGHER SECONDARY SCHOOL, THANDEKKAD,
MUDICKAL P.O., (VIA) PERUMBAVOOR,
ERNAKULAM DISTRICT - 683542.
BY ADV.SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28199 OF 2023
-2-
JUDGMENT
The petitioner seeks a direction to respondents
1 to 4 to relieve the 5th respondent from the post of
Headmaster-in-Charge and promote her as Headmistress
of the School in question with effect from
01.06.2023. She, however, concedes that she has
already preferred Ext.P8 petition before the 3rd
respondent - District Educational Officer (DEO), for
this purpose; and alternatively prays that said
Authority be directed to take a decision thereon,
without any avoidable delay.
2. The afore request of the petitioner, as
made by her learned counsel - Dr.George Abraham, was
answered by the learned Senior Government Pleader -
Smt.Nisha Bose, saying that, if the petitioner only
requires Ext.P8 to be taken up and disposed of by
the 3rd respondent, there does not appear to be any
legal impediment in doing so; but prayed that this
Court may not make any affirmative declarations on
her entitlement to any relief and leave it to the
WP(C) NO. 28199 OF 2023
said Authority to take a final decision as per law.
She added that liberty may also be reserved to the
3rd respondent to hear the petitioner, as also
respondents 4 and 5, while the afore exercise is
completed.
Taking note of the afore submissions, I order
this writ petition and direct the 3 rd respondent to
take up Ext.P8 and dispose it of, after affording
the petitioner and respondents 4 and 5, as also any
other person who may be interested, necessary
opportunity of being heard; thus culminating in an
appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than six
weeks from the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 28199 OF 2023
APPENDIX OF WP(C) 28199/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE
ISSUED BY THE MAHATMA GANDHI
UNIVERSITY DATED 12/4/2010
EXHIBIT P2 TRUE COPY OF THE B.ED CERTIFICATE
ISSUED BY THE MAHATMA GANDHI
UNIVERSITY DATED 26/5/2010
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER
DATED 1/6/2011 ISSUED BY THE DISTRICT
EDUCATIONAL OFFICER, KOTHAMANGALAM
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE
NO.3018/13 DATED 4/2/2013 ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE
NO.3017/13 DATED 4/2/2013 ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
1/6/2023 SUBMITTED TO THE MANAGER
EXHIBIT P7 TRUE COPY OF THE REMINDER APPLICATION
SUBMITTED BY THE PETITIONER TO THE
MANAGER DATED 17/7/2023
EXHIBIT P8 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE DISTRICT
EDUCATIONAL OFFICER, KOTHAMANGALAM
DATED 14/8/2023
