Kerala High Court
Firoz. T.Abdulla vs State Of Kerala on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22869 OF 2023
PETITIONER:
FIROZ. T.ABDULLA,
AGED 47 YEARS
S/O T.ABDULLA, HSST SEL. GRADE CHEMISTRY, SEETHI SAHIB
HSS, TALIPARAMBA, KANNUR DISTRICT (RESIDING AT AL-
FALAH, VARADOOL, MUYYAM, TALIPARAMBA,
KANNUR DISTRICT - 670 142 )., PIN - 670141
BY ADVS.
P.A.JENZIA
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE II
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANATHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
PAYYAMBALAM, KANNUR, PIN - 670003
4 THE MANAGER,
SEETHI SAHIB HSS, TALIPARAMBA,
KANNUR DISTRICT, PIN - 670141
5 SRI.ISMAYIL MATATHUMTAZHA KUNIYIL
HSST (POLITICS), SEETHI SAHIB HSS,
TALIPARAMBA, KANNUR DISTRICT, PIN - 670141
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.22869 of 2023
2
P.V.KUNHIKRISHNAN
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W.P (C) No.22869 of 2023
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Dated this the 14th day of July, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"(i) call for the records relating to Exhibit P-5 and
set aside the original of the by issue of a writ of
certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate
writ order or direction commanding the 3rd and 4th
Respondents to promote the Petitioner as Principal
w.e.f 01.06.2023 with all consequential benefits.
(iii) declare that the Petitioner is entitled to get
promotion as Principal w.e.f 01.06.2023 with all
consequential benefits.
(iv) to dispense with filing of English translation of
vernacular documents produced along with the
Writ Petition.
(v) pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant in
the circumstances of the case." (SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the
petitioner filed Exts.P6 to P10 before the 3 rd respondent
against Ext.P5 and there may be a direction to the 3 rd
respondent to consider Exts.P6 to P10 within a time frame.
3. Heard the learned Government Pleader also. No
W.P (C) No.22869 of 2023
notice is necessary to respondent Nos.4 and 5 at this stage
and if they are aggrieved by any of the directions issued by
this Court, they are free to file a review petition before this
Court.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 3 rd respondent to
consider Exts.P6 to P10 within a time frame.
Therefore, this writ petition is disposed of with the
following directions.
1) The 3rd respondent is directed to consider and
pass appropriate orders in Exts.P6 to P10, after
giving an opportunity of hearing to the petitioner
and respondent Nos.4 and 5, as expeditiously as
possible, at any rate within two months from the
date of receipt of a certified copy of this judgment.
2) While deciding the matter, the 3rd respondent
will also consider the applicability of Exts.P11 to
P18 documents.
3) The petitioner will produce a certified copy of
this judgment along with a copy of the writ petition
before the 3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.22869 of 2023
APPENDIX OF WP(C) 22869/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE SPARK EMPLOYEE DATA
SHEET OF THE PETITIONER DATED NIL
Exhibit P-2 TRUE COPY OF THE CERTIFICATE OF
ACCOUNTANT TEST (LOWER) VIDE NO.7230/09
DATED 20.08.2009 ISSUED BY THE UNDER
SECRETARY, KPSC TO THE PETITIONER
Exhibit P-3 TRUE COPY OF THE CERTIFICATE OF KER
VIDE NO.15783/10 DATED 26.10.2010
ISSUED BY THE UNDER SECRETARY, KPSC TO
THE PETITIONER
Exhibit P- 4 TRUE COPY OF THE LETTER NO. 1/2023
DATED 26.01.2023 ADDRESSING THE P.K.
SUBAIR( MANAGER) BY THE PETITIONER
Exhibit 5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE SRI.ISMAYIL MATATHUMTAZHA KUNIYIL
(5TH RESPONDEN) AS PRINCIPAL DATED
01.06.2023
Exhibit P-6 TRUE COPY OF THE OBJECTION RAISED BY
THE PETITIONER BEFORE THE RDD HSE,
KANNUR DATED 02.06.2023
Exhibit P-7 TRUE COPY OF THE OBJECTION RAISED BY
THE PETITIONER BEFORE THE RDD HSE,
KANNUR DATED 05.06.2023
Exhibit P-8 TRUE COPY OF THE OBJECTION RAISED BY
THE PETITIONER BEFORE THE RDD HSE,
KANNUR DATED 09.06.2023
Exhibit P-9 TRUE COPY OF THE OBJECTION RAISED BY
THE PETITIONER BEFORE THE RDD HSE,
KANNUR DATED 12.06.2023
Exhibit P-10 TRUE COPY OF THE SPARK DATA SHEET OF
THE SRI.ISMAYIL MATATHUMTAZHA KUNIYIL
(5TH RESPONDENT) DATED NIL
W.P (C) No.22869 of 2023
Exhibit P-11 TRUE COPY OF THE ORDER NO.
B1/7328/18/K.DIS DATED 26.11.2018 OF
THE DEO, TALIPARAMBA
Exhibit P-12 TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT SUBMITTED BY
THE SRI. T MOIDU BEFORE THE PUBLIC
INFORMATION OFFICER, DEO TALIPARAMBA
DATED 08.06.2023
Exhibit P-13 TRUE COPY OF THE INFORMATION FURNISHED
BY THE SATHY V.V., STATE PUBLIC
INFORMATION OFFICER &PA TO DEO VIDE NO.
A1/656/2023 DATED 21.06.2023
Exhibit P-14 TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR OF THE GENERAL EDUCATION VIDE
NO. ICTCELL/1771/1/DGE HSE/2021 DATED
13.10.2021 ALONG WITH TYPED COPY
Exhibit P-15 TRUE COPY OF THE ATTENDANCE REGISTER OF
THE SCHOOL FOR THE MONTH OF JANUARY
Exhibit P-16 TRUE COPY OF THE DECLARATION FURNISHED
BY SRI.P.K SUBAIR (MANAGER) DATED
01.06.2023
Exhibit P-17 TRUE COPY OF THE G.O (RT) NO.
242/2023/G.EDN DATED 11.01.2023
Exhibit P-18 TRUE COPY OF THE STAFF DETAILS OF THE
SCHOOL AS ON 01.06.2023
