Sainaba.M.A vs Director Of General Education
2023 Latest Caselaw 183 Ker

WP(C) NO. 38466 OF 2022            1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                    WP(C) NO. 38466 OF 2022
PETITIONER/S:

          SAINABA.M.A
          KALLIPPARAMBIL, CHALINGAD,
          KAIPAMANGALAM, PRESIDENT, PARENT AND TEACHERS
          ASSOCIATION, GMLP SCHOOL, KAIPAMANGALAM NORTH,
          THRISSUR- 680 681.

          BY ADVS.
          AUGUSTINE JOSEPH
          TONY AUGUSTINE


RESPONDENT/S:

    1     DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM- 695 014.

    2     DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, AYYANTHOLE,
          THRISSUR- 680 003.

    3     ASSISTANT EDUCATION OFFICER,
          VALAPPAD, THRISSUR- 680 567.

    4     HEADMISTRESS,
          GMLP SCHOOL, KAIPAMANGALAM NORTH,
          THRISSUR- 680 681.

    5     PRESIDENT,
          KAIPAMANGALAM GRAMA PANCHAYAT,
          KAIPAMANGALAM, THRISSUR- 680 681.
 WP(C) NO. 38466 OF 2022                2



     6       SHAHINA K.M,
             AGED 40 YEARS, W/O. MUHAMMED ALI,
             CHUNGASSERI HOUSE,
             CHALINGAD, THRISSUR- 680 681.

             BY ADVS.
             MUHAMMED SHAFFI
             SHYAM KUMAR K.T.
             HARISH R. MENON(K/245/1999)
             K.N.ABHA(K/281/1996)
             A.G.PRASANTH(K/525/2014)
             K.S.SREEJA(K/270/2015)
             ALEENA SEBASTIAN(K/737/2022)
             BY SMT. MARY BEENA JOSEPH, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 38466 OF 2022                         3




                                     JUDGMENT

This writ petition is filed seeking to quash Ext.P5 and for further

direction to the 1st respondent to consider and take a decision on Ext.P6.

2. I have heard Sri.Augustine Joseph, the learned counsel appearing

for the petitioner, Sri. K.T. Shyam Kumar, the learned counsel appearing for

the 6th respondent and the learned Government Pleader.

3. As it is submitted that Ext.P6 is pending consideration before the

1st respondent and the limited request is for consideration of the same, I am

of the view that necessary directions can be issued.

4. Resultantly, this writ petition is disposed of by issuing the following

directions:

a) There will be a direction to the 1st respondent to take

up, consider and pass appropriate orders on Ext.P6 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorized

representative and party respondents.

b) Orders, as directed above, shall be passed expeditiously,

in any event, within three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of

the writ petition along with the judgment before the

concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 38466/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE LETTER DATED 26.2.2022 SERVED TO THE 6TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 11.3.2022 TERMINATING THE SERVICES OF THE 6TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 18.3.2022 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 12.8.2022 IN W.P.(C). NO. 26138/2022.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 17.10.2022 OF THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 1.11.2022 BEFORE THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL