Muneer P vs State Of Kerala
2023 Latest Caselaw 333 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                       WP(C) NO. 42659 OF 2022
PETITIONERS:

    1     MUNEER P.
          AGED 43 YEARS
          SON OF K.T. ABDULLA MOULAVI., UPST, DEENUL ISLAM SABHA
          GIRLS HIGHER SECONDARY SCHOOL, KANNUR CITY, KANNUR
          DISTRICT- 670 003. (RESIDING AT AYISHA MANZIL, KEEZHOR,
          IRITTY, KANNUR DISTRICT- 670 703).

    2     SNEHA RADHAKRISHNAN,
          LPST, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT- 670 003.

    3     ANUPAMA T.P.,
          UPST, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT- 670 003.

    4     SHAHABAS P.,
          ARABIC TEACHER (U.P. SECTION), DEENUL ISLAM SABHA GIRLS
          HIGHER SECONDARY SCHOOL, KANNUR CITY, KANNUR DISTRICT-
          670 003.

    5     NAHALA K.C.,
          UPST, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT- 670 003.

    6     FATHIMA TASNEEM,
          LPST, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT- 670 003.

    7     BABITHA N.,
          LPST, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT- 670 003.

    8     ABDUL GAFOOR
          MURKKANCHERY UPST. DEENUL TELAM SABHA GIRLS HIGHER
          SECONDARY SCHOOL, KANNUR CITY, KANNUR DISTRICT- 670 003

    9     MUHAMMAD MKP.
          LG (ARABIC) TEACHER. DEENUL ISLAM SABHA GIRLS HIGHER
          SECONDARY SCHOOL, KANNUR CITY, KANNUR DISTRICT-670 003
                                  2
WP(C) NO. 42659 OF 2022



          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT. GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11,
          THIRUVANANTHAPURAM-695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          GOVERNMENT TTI FOR MEN COMPOUND, KANNUR - 670 002

    4     THE DISTRICT EDUCATIONAL OFFICER,
          NEAR CIVIL STATION, KANNUR - 670 002

    5     THE MANAGER,
          DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL,
          KANNUR CITY, KANNUR DISTRICT - 670 003.


OTHER PRESENT:

          SMT NISHA BOSE SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    3
WP(C) NO. 42659 OF 2022




                                            JUDGMENT

The writ petition is filed seeking the following reliefs:

(i) call for the records relating to Exhibits P - (a) P - (b) P - 2(a) P-2(b), P-3(a), P-3(b),

P - 4(a) P - 4(b) P-5(a), P - 5(b) P-6(a), P-6(b), P - 7(a) P - 7(b) P-8(a), P-8(b), P-9(a)

and P-9(b) and set aside the originals of the same by the issue of a writ of certiorari or

appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding

the Respondents to grant approval to Exhibits P-1,P-2,P-3, P-4, P-5, P-6, P-7, P-8, and

P-9 and disburse the attendant benefits forthwith.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding

the 2nd Respondent to take a decision on Exhibit P-1 (c), P-2 (c), P-3 (c), P-4 (c), P-5

(c), P-6 (c), P-7 (c),P-8 (c) and P-9 (c), adverting to Exhibits P-10 and P-11 and with

notice to the Petitioners in a time bound manner.

2. Sri.M.Sajjad, the learned counsel for the petitioners, submitted that the

petitioners have been appointed in the DIS GHSS, Kannur City, as primary school

teachers as against regular posts. According to the learned counsel, the approval of

their appointment was declined by the educational authorities. Challenging the

same, revision petitions have been preferred before the 2nd respondent, and the

same is pending. The learned counsel requests that directions be issued to the 2nd

respondent to take a decision on Exhibits P1(c), P2(c), P3(c), P4(c), P5(c), P6(c),

WP(C) NO. 42659 OF 2022

P7(c), P8(c) and P9(c), adverting to Exhibits P10 and P11 and with notice to the

petitioners in a time bound manner.

3. I have heard the learned Government Pleader. In view of the limited

nature of the relief sought, no prejudice would be caused to the 5 th respondent if

notice is dispensed with.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and circumstances, I

am of the view that this writ petition can be disposed of at the admission stage

itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to take up, consider

and pass appropriate orders on Exhibit P1(c), P2(c), P3(c), P4(c),

P5(c), P6(c), P7(c), P8(c) and P-9(c), adverting to Exhibits P10 and

P11, after affording an opportunity of being heard, either physically

or virtually, to the petitioners herein or their authorized

representatives and the 5th respondent.

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.

WP(C) NO. 42659 OF 2022

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 rsr

WP(C) NO. 42659 OF 2022

APPENDIX OF WP(C) 42659/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2019

Exhibit P1(A) TRUE COPY OF THE ORDER NO. B3/12858/2019 DATED 09.10.2020 OF THE DEO, KANNUR

Exhibit P1(B) TRUE COPY OF THE ORDER NO. B4/212978/2020 DATED 06.01.2022 OF THE DDE, KANNUR

Exhibit P1(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED NIL

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 27.09.2019

Exhibit P2(A) TRUE COPY OF THE ORDER NO. B3/16200/2019 DATED 12.10.2020 OF THE DEO, KANNUR

Exhibit P2(B) TRUE COPY OF THE ORDER NO. B2/213196/2020 DATED 06.01.2022 OF THE DDE, KANNUR

Exhibit P2(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 14.03.2022

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2019

Exhibit P3(A) TRUE COPY OF THE ORDER NO. B3/11656/2019 DATED 09.10.2020 OF THE DEO, KANNUR

Exhibit P3(B) TRUE COPY OF THE ORDER NO. B4/212980/2020 DATED 17.07.2022 OF THE DDE, KANNUR

Exhibit P3 (C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 28.07.2022

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 03.02.2022

WP(C) NO. 42659 OF 2022

Exhibit P4(A) TRUE COPY OF THE ORDER NO. B3/16133/2020 DATED 13.10.2020 OF THE DEO, KANNUR

Exhibit P4(B) TRUE COPY OF THE ORDER NO. B2/213193/2020 DATED 13.08.2022 OF THE DDE, KANNUR

Exhibit P4(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 19.12.2022

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 11.10.2019

Exhibit P5(A) TRUE COPY OF THE ORDER NO. K.DIS/ B3/16737/2019 DATED 18.01.2020 OF THE DEO, KANNUR

Exhibit P5(B) TRUE COPY OF THE ORDER NO. B2/211583/2020 DATED 19.06.2020 OF THE DDE, KANNUR

Exhibit P5(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 09.03.2022

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 06.06.2019

Exhibit P6(A) TRUE COPY OF THE ORDER OF THE NO.

B3/12942/2019 DATED 12.10.2020 OF THE DEO, KANNUR

Exhibit P6(B) TRUE COPY OF THE OF THE NO. ORDER NO.

B2/213212/2020 DATED 06.01.2022 OF THE DDE, KANNUR

Exhibit P6(c) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 08.03.2022

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER DATED 01.06.2019

Exhibit P7(A) TRUE COPY OF THE ORDER NO. B3/11655/2019 DATED 09.10.2020 OF THE DEO, KANNUR

Exhibit P7(B) TRUE COPY OF THE ORDER NO 82/212982/2020

WP(C) NO. 42659 OF 2022

DATED 15.06.2022 OF THE DDE, KANNUR

Exhibit P7(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 28. 07.

Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER DATED 01.06.2019

Exhibit P8(A) TRUE COPY OF THE ORDER NO B3/12877/2019 DATED 12.10.2020 OF THE DEO, KANNUR

Exhibit P8(B) TRUE COPY OF THE ORDER NO B2/21320/2020 DATED 18.01.2022 OF THE DDE, KANNUR

Exhibit P8 (C) TRUC COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 08.03.2022

Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH PETITIONER DATED 01.10.2019

Exhibit P9(A) TRUE COPY OF THE ORDER NO. 83/16199/2019 DATED 12.10.2020 OF THE DEO, KANNUR

Exhibit P9(B) TRUE COPY OF THE ORDER NO. B2/213211/2020 DATED 13.08.2022 OF THE DDE, KANNUR

Exhibit P9(C) TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 19.12.2022

Exhibit P10 TRUE COPY OF THE G.O. (P) NO. 3/2019/G.EDN.

DATED 28.02.2019

Exhibit P11 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019