The Manager, Amrita Higher ... vs State Of Kerala
2023 Latest Caselaw 7511 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                   WP(C) NO. 22023 OF 2023


PETITIONER:

          THE MANAGER,
          AMRITA HIGHER SECONDARY SCHOOL,
          VALLIKUNNAM, ALAPPUZHA-, PIN - 690501
          BY ADVS.
          ELVIN PETER P.J.
          K.R.GANESH
          ABHIJITH.K.ANIRUDHAN
          GOURI BALAGOPAL
          SREELEKSHMI A.S.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF GENERAL
          EDUCATION, ALAPPUZHA, PIN - 690501
    4     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICE,
          MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101
    5     RESMI.T.,
          HST (SOCIAL SCIENCE),
          AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM,
          ALAPPUZHA DISTRICT, PIN - 690501
          BY ADV SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.22023/2023

                                         2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.22023 of 2023
             ----------------------------------------------
            Dated this the 07th day of July, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. To issue writ of Certiorari, or any other appropriate writ, order or direction calling for the records leading to Exts.P3 and P6 issued by 3 rd respondent and 4th respondent respectively and quash the same.

ii. To issue a writ of Mandamus, or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P5 revision petition after giving an opportunity of being heard to the parties, within a time fixed by this Hon'ble Court; iii. To issue a writ of mandamus, or any other writ, order or direction directing respondents 3 and 4 not to issue direction to the petitioner to enforce Ext.P3 order till the disposal of Ext.P5 revision petition;

iv. To declare that Ext.P3 order is absolutely illegal and void, in the light of Ext.P4 Government Order;

v. It is humbly prayed that this Hon'ble Court may WP(C).No.22023/2023

be pleased to dispense with filing of English translation of Vernacular Documents. vi. To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. This writ petition is filed mainly challenging Exts.P3

and P6. The petitioner already filed Ext.P5 revision against

Ext.P3 before the 1st respondent. There are certain directions

to the Manager as per Exts.P3 and P6. Therefore the counsel

for the petitioner submitted that there may be an interim

order staying Exts.P3 and P6 till consideration of Ext.P5

revision.

3. Heard the learned Government Pleader also.

4. Since no notice is issued to the 5th respondent, I

think this Court need not stay Ext.P3 till the revision is finally

disposed of. Instead of that, the petitioner can be allowed to

file a stay petition in the revision pending before the 1 st

respondent and there can be a direction to the 1 st respondent

to consider the stay petition first with notice to the petitioner

and the 5th respondent and pass orders in it immediately, and

till then, operation of Exts.P3 and P6 can be deferred. WP(C).No.22023/2023

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a stay petition in

Ext.P5 revision before the 1st respondent within

one week from the date of receipt of a stamped

certified copy of this judgment.

2. Once such a stay petition is received, the 1 st

respondent will consider the same and pass

appropriate orders in it, after affording an

opportunity of hearing to the petitioner and the

5th respondent, as expeditiously as possible, at

any rate, within two weeks from the date of

receipt of the stay petition.

3. Till stay petition is considered, the operation of

Exts.P3 and P6 are deferred.

4. The 1st respondent will consider Ext.P5 revision

also, as expeditiously as possible, at any rate,

within four months from the date of receipt of a

stamped certified copy of this judgment, after

giving an opportunity of hearing to the

petitioner and the 5th respondent.

WP(C).No.22023/2023

5. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22023/2023

APPENDIX OF WP(C) 22023/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER APPOINTING THE 5TH RESPONDENT AS UPSA ON 01.06.2011.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 ISSUED BY THE PETITIONER APPOINTING THE 5TH RESPONDENT AS HST (SOCIAL SCIENCE) EXHIBIT P3 TRUE COPY OF THE ORDER NO.

B3/2779/22/DDE DATED 14.02.2023 ISSUED BY THE 3RD RESPONDENT DDE.

EXHIBIT P4 TRUE COPY OF THE GOVERNMENT CIRCULAR NO. J2/217/18/G.EDN. DATED 19.11.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REVISION DATED 04.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 26.06.2023 ISSUED BY THE DEO, MAVELIKKARA.