Anwar Muhammed vs State Of Kerala
2023 Latest Caselaw 7620 Ker

          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. 23025 OF 2023


PETITIONER:


          ANWAR MUHAMMED,
          AGED 47 YEARS
          S/O I.MUHAMMED KUNJU, PRINCIPAL ,
          TKM HIGHER SECONDARY SCHOOL, TKM COLLEGE POST,
          KOLLAM PIN - 691001
          (RESIDING AT TEKKUVILA, COLLEGE NAGAR,
          TKM COLLEGE P.O., KOLLAM - 691 005),
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION,
          PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
    3     THE MANAGER,
          TKM HSS, KOLLAM, PIN - 691005
          ADV.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:
 WP(C).No.23025/2023

                                   2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.23025 of 2023
              ----------------------------------------------
             Dated this the 14th day of July, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

(i) call for the records relating to Exhibit P-9 and set aside the original of the same by issue of a writ of certiorari or other appropriate writ or order to the extent of denial of approval to Exhibit P-7 as such.

(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to grant approval to Exhibit P-7 as such with all consequential benefits.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to take a decision on Exhibit P-13 with notice to the Petitioner and in a time bound manner.

(iv) issue a writ of mandamus or other appropriate writ order or direct the Respondent to disburse the salary of the Petitioner in the cadre of HM until his promotion as Principal is approved.

(v) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

WP(C).No.23025/2023

(vi) 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 counsel for the petitioner submitted that the petitioner will

be satisfied if a direction is issued to the 1 st respondent to

consider Ext.P13 within a time frame.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

can be disposed of directing the 1 st respondent to consider

Ext.P13 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P13, after

affording an opportunity of hearing to the

petitioner and the 3rd respondent, as

expeditiously as possible, at any rate, within four

months from the date of receipt of a stamped

certified copy of this judgment.

WP(C).No.23025/2023

2. 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.23025/2023

APPENDIX OF WP(C) 23025/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE CERTIFICATE OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS NO. F.NO.96,324 & 438 TO 441 OF 2010/44621 DATED 30.07.2010 Exhibit P- 2 TRUE COPY OF THE PROMOTION ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 28.06.2012 Exhibit P-3 TRUE COPY OF THE POST GRADUATE CERTIFICATE FROM THE UNIVERSITY OF KERALA DATED 14.07.2000 Exhibit P-4 TRUE COPY OF THE SET CERTIFICATE NO.

0047 DATED 17.03.2004 ISSUED BY THE DIRECTORATE OF HIGHER SECONDARY EDUCATION Exhibit P-5 TRUE COPY OF THE NOTIFICATION OF 3RD RESPONDENT DATED 18.05.2023 Exhibit P-6 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE MEETING FOR THE APPOINTMENT OF PRINCIPAL DATED 26.05.2023 Exhibit P-7 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2023 Exhibit P-8 TRUE COPY OF THE SENIORITY LIST OF STAFF OF THE SCHOOL DATED 01.01.2021 Exhibit P-9 TRUE COPY OF THE ORDER NO.

TRO-5(2)/2765/2023/HSE DATED 15.06.2023 Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN 2006 KHC 1014 IN KURIAN LIZY AND OTHERS V. STATE OF KERALA AND OTHERS DATED 16.08.2006 Exhibit P-11 TRUE COPY OF THE COMPARATIVE STATEMENT OF ASSESSING THE APPLICANTS FOR THE WP(C).No.23025/2023

POST OF PRINCIPAL DATED 26.05.2023 Exhibit P-12 TRUE COPY OF THE JOINING REPORT DATED 01.06.2023 Exhibit P-13 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 29.06.2023