Kerala High Court
Dr. N.M. Abdul Majeed vs State Of Kerala on 21 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(C) NO. 43214 OF 2023
PETITIONER :
DR. N.M. ABDUL MAJEED,
AGED 69 YEARS,
S/O. N.M. MUHAMMED HAJI, THE MANAGER,
HAJI N.C. KOYAKUTTY MEMORIAL A.U.P. SCHOOL,
KARASSERY.P.O., MUKKOM, KOZHIKODE,
PIN - 673602
BY ADVS.
ELVIN PETER P.J.
GOURI BALAGOPAL
SREELEKSHMI A.S.
K.R.GANESH
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE, PIN - 673 602
4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
MUKKOM, KOZHIKODE, PIN - 673 602
5 N.C. ABDUL AZEEZ,
S/O. N.C. KOYAKUTTY HAJI, N.C. HOUSE,
THIRUVANOOR NADA.P.O., KOZHIKODE,
PIN - 673 029
WP(C) NO. 43214 OF 2023
2
6 AMITHA ASHOK,
D/O. ASOK KUMAR.P, L.P. SCHOOL TEACHER,
HAJI N.C. KOYAKUTTY MEMORIAL A.U.P. SCHOOL,
KARASSERY.P.O., MUKKOM, KOZHIKODE,
PIN - 673 602
BY SRI.PREMCHAND R.NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 43214 OF 2023
3
BECHU KURIAN THOMAS, J.
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W.P.(C) No.43214 of 2023
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Dated this the 21st day of December, 2023
JUDGMENT
The limited relief sought for by the petitioner is for a direction to
consider and dispose of Ext.P21 revision petition preferred by the
petitioner under Rule 92 of Chapter XIVA KER in a time bound manner.
2. Having heard Sri.Elvin Peter, the learned counsel for the
petitioner as well as Sri.Premchand R.Nair, the learned Senior
Government Pleader, I am of the view that this writ petition can be
disposed of with a direction.
3. Accordingly, there will be a direction to the first respondent to
consider and pass appropriate orders on Ext.P21, as expeditiously as
possible, at any rate, within a period of three months from the date of
receipt of a copy of this judgment, after hearing all the aggrieved parties
including respondents 5 and 6. In the meantime the implementation of
Ext.P20 shall be kept in abeyance till the disposal of the appeal.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 43214 OF 2023
APPENDIX OF WP(C) 43214/2023
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 11.03.2010
IN W.P.(C) NO. 6759/2010 OF THIS HON'BLE
COURT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. K.DIS.A/142/10
DATED 19.06.2010 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPELLATE ORDER NO.
G3/68629/10/DPI/K.DIS;. DATED 18.12.2010
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COY OF THE ORDER DATED 07.11.2016
ISSUED BY THE KERALA STATE WAQF BOARD.
EXHIBIT P5 TRUE COPY OF THE ORDER G.O.(RT.) NO.
2/2018/G.EDN. DATED 01.01.2018 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.08.2019
IN CRP (WAQF) NO. 212/2018 OF THIS HON'BLE
COURT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 28.07.2020
IN W.P.(C) NO. 11816/2020 OF THIS HON'BLE
COURT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
03.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 27.10.2020
IN W.P.(C) NO. 22907/2020 OF THIS HON'BLE
COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 15.07.2021 IN
R.P. NO. 425/2021 OF THIS HON'BLE COURT.
WP(C) NO. 43214 OF 2023
EXHIBIT P11 TRUE COPY OF THE ORDER G.O.(RT.) NO.
4285/2021/GEDN DATED 27.09.2021 ISSUED BY
THE GOVERNMENT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 07.10.2021
IN W.A. NO. 1108/2021 OF THIS HON'BLE
COURT.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 23.11.2021
IN W.P.(C) NO. 22858/2021 OF THIS HON'BLE
COURT.
EXHIBIT P14 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(RT.) NO. 1622/2022/GEDN DATED 14.03.2022
OF THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 04.09.2019
IN W.P.(C) NO. 24009/2019 OF THIS HON'BLE
COURT.
EXHIBIT P15(a) TRUE COPY OF THE GOVERNMENT ORDER G.O.
(RT.) NO. 2140/06/GEDN DATED 26.05.2006
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE ORDER NO. A/269/2020
DATED 05.04.2022 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE APPOINTMENT ORDER DATED
16.09.2019 ISSUED BY THE 5TH RESPONDENT
APPOINTING THE 6TH RESPONDENT AS L.P.S.T.
IN THE PETITIONER'S SCHOOL
EXHIBIT P18 TRUE COPY OF THE REJECTION ORDER NO.
K.DIS.A/15940/2019 DATED 20.12.2019 ISSUED
BY THE 4TH RESPONDENT AEO REJECTING THE
APPOINTMENT OF THE 6TH RESPONDENT AS
L.P.S.T. IN THE PETITIONER'S SCHOOL.
EXHIBIT P19 TRUE COPY OF THE ORDER
K.DIS.A1/190804/2020 DATED 03.08.2020
ISSUED BY THE 3RD RESPONDENT DISMISSING
THE APPEAL FILED BY THE 5TH RESPONDENT.
WP(C) NO. 43214 OF 2023
EXHIBIT P20 TRUE COPY OF THE ORDER NO.
G3/232963/2021/DGE DATED 28.10.2023 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE REVISION AND STAY
PETITION DATED 06.12.2023 PETITION FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
