Citation : 2023 Latest Caselaw 1237 Ker
Judgement Date : 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
WA NO. 118 OF 2023
AGAINST JUDGMENT DATED 10.08.2022 IN WP(C) 17632/2021 OF THIS COURT
APPELLANT/3RD PARTY:
1. FAIZA A.K., W/O MUHAMMED HIDAYA, AGED 37 YEARS, HSA (ENGLISH),
VALLAPUZHA HIGHER SECONDARY SCHOOL, VALLAPUZHA, PALAKKAD DISTRICT -
679336. (RESIDING AT PALAKKURISHI KANDATH (H), VALLAPUZHA P O,
PATTAMBI - 679 336.
2. ASHWIN K.P., UPSA VALLAPUZHA HIGER SECONDARY SCHOOL, VALLAPUZHA,
PALAKKAD DISTRICT - 679336.
3. SUBAIR A., HIGH SCHOOL TEACHER (ARABIC), VALLAPUZHA HIGER SECONDARY
SCHOOL, VALLAPUZHA, PALAKKAD DISTRICT - 679336.
4. FATHIMA SUHARA K.V., UPSA, VALLAPUZHA HIGER SECONDARY SCHOOL,
VALLAPUZHA, PALAKKAD DISTRICT - 679336.
5. ASWATHY A., UPSA, VALLAPUZHA HIGER SECONDARY SCHOOL, VALLAPUZHA,
PALAKKAD DISTRICT - 679336.
BY ADVS.MS/SAJJAD & V.A.MUHAMMED
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 10:
1. SMT. JASEELA P., AGED 40 YEARS,WIFE OF ALI K., KAREKKADAN HOUSE,
THAMPANANGADI, VALUVANANGAD SOUTH P O, PANDIKKAD, MALAPPURAM
DISTRICT-676 521.
2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
3. THE DIRECTIR OF GENERAL EDUCATION (SHOWN IN THE CAUSE TITLE OF THE
WRIT PETITION AS DIRECTOR OF PUBLIC INSTRUCTIONS), JAGATHY,
THIRUVANANTHAPURAM-695 014.
4. DISTRICT EDUCATION OFFICE, UPHILL, MALAPPURAM-676 505.
5. THE ASSISTANT EDUCATIONAL OFFICER, MANJERI, UPHILL, MALAPPURAM-676
505.
6. THE ASSISTANT EDUCATIONAL OFFICER ,WANDOOR, MALAPPURAM-679 328.
7. THE MANAGER ,R.M. HIGH SCHOOL, MELATTOOR, MALAPPURAM DSITRICT-679
328.
8. THE MANAGER, E M E A H S SCHOOL, (UNDER SEETHI HAJI MEMORIAL TRUST,
KONDOTTY), MALAPPURAM DISTRICT-673 638.
9. THE MANAGER, M S P HIGH SCHOOL, MALAPPURAM DISTRICT - 676505.
10.THE MANAGER, I O H S SCHOOL,
EDAVANNA, MALAPPURAM DISTRICT-676 541.
11. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR,
MALAPPURAM DISTRICT-679 328.
Prayer for interim reliefs in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to:
i) stay the operation and implementation of the Judgment dated
10.08.2022 in W.P.(C) No.17632 of 2021, pending disposal of the Writ
Appeal.
ii) issue an interim direction to grant approval to the appointments
of the Appellant with obligation to comply with reservation in
appointments in compliance with PwD Act against future vacancies including
backlog,pending disposal of the Writ Appeal.
iii) to dispense with filing of English translation of vernacular
documents produced along with the Writ Appeal.
This Writ Appeal coming on for admission on 18/01/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
-----------------------------------------------
W.A. No.118 of 2023
-----------------------------------------------
Dated this the 18th day of January, 2023
ORDER
Admit.
Issue notice to the respondents.
List this matter on 23.01.2023 along with W.A.No.1445
of 2022 and connected cases.
The interim order dated 13.12.2022 passed in
W.A.No.1445 of 2022 and connected cases will apply to this case as
well.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.S.SUDHA, JUDGE.
Mn
18-01-2023 /True Copy/ Assistant Registrar
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