Kerala High Court
Ummer Farook P vs State Of Kerala on 9 June, 2023
WP(C) NO. 18824 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 18824 OF 2023
PETITIONER/S:
1 UMMER FAROOK P, AGED 31 YEARS, S/O. MOHAMMED ISMAIL
P, LPST, MMLPS, PUTHUR EAST, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN-679341, RESIDING AT
PUTHANANGADI HOUSE, ARAKKUPARAMBA P.O, MALAPPURAM
DISTRICT., PIN - 679341.
2 MUHAMMAD FAHAD P, AGED 25 YEARS
S/O. MOHAMMED ISMAIL P, LPST, MMLPS, PUTHUR EAST,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679341,
RESIDING AT PUTHANANGADI HOUSE, ARAKKUPARAMBA P.O,
MALAPPURAM DISTRICT., PIN - 679341
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
DIVYA R. NAIR
RESPONDENT/S:
1 STATE OF KERALA , REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION (PUBLIC
INSTRUCTION)
VAZHUTHACAUD, POOJAPPURA ROAD, JAGATHY,
THIRUVANANTHAPURAM., PIN - 695014.
3 THE DISTRICT EDUCATIONAL OFFICER
DISTRICT EDUCATIONAL OFFICE, UP HILL, MALAPPURAM
DISTRICT., PIN - 676505.
4 THE ASSISTANT EDUCATIONAL OFFICER
ASSISTANT EDUCATIONAL OFFICE,
PERINTALMANNA, MALAPPURAM DISTRICT., PIN - 679322.
WP(C) NO. 18824 OF 2023
2
5 THE MANAGER
MMLPS, PUTHUR EAST, PERINTHALMANNA, MALAPPURAM
DISTRICT., PIN - 679341.
6 AKHILA P, D/O LATE KRISHNAKUMAR.P, PARIYANGATT HOUSE,
ARIYOOR P.O, ARYAMBAVU, MANNARKKADU, PALAKKAD
DISTRICT., PIN - 678583.
SMT.SURYA BINOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18824 OF 2023
3
P.V.KUNHIKRISHNAN, J
WP(C) No.18824 of 2023
th
Dated this the 9 day of June, 2023
J U D G M E N T
The above writ petition is filed with the following prayers:-
I. Issue a writ of mandamus commanding the
second respondent to consider Exhibits-P4, P8, P12 &
P16 statutory revisions and pass appropriate orders
thereon after hearing the petitioners within a time
frame;
II. declare that the appointment of the petitioners
are in order and their appointment is liable to be
approved with effect from the date of the appointment;
III. To dispense with the production of the English
translation of Exhibit-P2 to P4, P6 to P8, P10 to P12 and
P14 to P20 which is in vernacular language; and;
(iv) 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 petitioners submitted that the
WP(C) NO. 18824 OF 2023
petitioners will be satisfied if a direction is issued to the
second respondent to consider Ext.P4, Ext.P8, Ext.P12 and
Ext.P16 statutory revisions filed by the Manager - fifth
respondent. No notices have been issued to the fifth and sixth
respondents at this stage. If they are aggrieved by the
directions issued by this court, they are free to file a review
petition before this court.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. After hearing both sides, I think this writ petition can
be disposed of directing the second respondent to consider
Ext.P4, Ext.P8, Ext.P12 and Ext.P16 statutory revisions within a
time frame. Therefore, this writ petition is disposed of with the
following directions:-
(i) The second respondent is directed to consider and pass
appropriate orders in Ext.P4, Ext.P8, Ext.P12 and Ext.P16
statutory revisions, after giving an opportunity of hearing to the
petitioners as well as respondents 5 and 6, as expeditiously as
possible, at any rate, within a period of three months from the
date of receipt of a copy of this judgment.
WP(C) NO. 18824 OF 2023
(ii) The petitioners will produce a certified copy of this
judgment along with this writ petition before the second
respondent for compliance.
With the above said directions, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN, JUDGE
R.AV
WP(C) NO. 18824 OF 2023
APPENDIX OF WP(C) 18824/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER OF APPOINTMENT OF
THE FIRST PETITIONER ISSUED BY THE FIFTH
RESPONDENT DATED 22.12.2021.
Exhibit-P2 A TRUE COPY OF THE ORDER NO. B/23520/2021
OF THE FOURTH RESPONDENT DATED 28.02.2022.
Exhibit-P3 A TRUE COPY OF THE ORDER NO.
B1/197513/2022 OF THE THIRD RESPONDENT
DISMISSING THE APPEAL RELATING TO THE
APPROVAL OF THE FIRST PETITIONER DATED
20.05.2022.
Exhibit-P4 A TRUE COPY OF THE MEMORANDUM OF REVISION
(APPLICATION NO.219655) FILED CHALLENGING
EXHIBIT-P3 ORDER, RELATING TO THE APPROVAL
OF THE FIRST PETITIONER.
Exhibit-P5 A TRUE COPY OF THE ORDER OF APPOINTMENT OF
THE FIRST PETITIONER ISSUED BY THE FIFTH
RESPONDENT DATED 29.06.2022.
Exhibit-P6 A TRUE COPY OF THE ORDER NO. B/32944/2022
OF THE FOURTH RESPONDENT DATED 12.12.2022.
Exhibit-P7 A TRUE COPY OF THE ORDER NO.
B1/199080/2022 OF THE THIRD RESPONDENT
DISMISSING THE APPEAL RELATING TO THE
APPROVAL OF THE FIRST PETITIONER DATED
27.03.2023.
Exhibit-P8 A TRUE COPY OF THE MEMORANDUM OF REVISION
(APPLICATION NO.324549) CHALLENGING
EXHIBIT-P7 ORDER, RELATING TO THE APPROVAL
OF THE FIRST PETITIONER.
Exhibit-P9 A TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 17.01.2022 OF THE SECOND PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit-P10 A TRUE COPY OF THE ORDER NO. B/24260/2022
OF THE FOURTH RESPONDENT DATED 28.02.2022
WP(C) NO. 18824 OF 2023
Exhibit-P11 A TRUE COPY OF THE ORDER NO.
B1/197514/2022 OF THE THIRD RESPONDENT
DISMISSING THE APPEAL RELATING TO THE
APPROVAL OF THE SECOND PETITIONER DATED
20.05.2022.
Exhibit-P12 A TRUE COPY OF THE MEMORANDUM OF REVISION
(APPLICATION NO.219665) CHALLENGING
EXHIBIT-P11 ORDER, RELATING TO THE
APPROVAL OF THE SECOND PETITIONER.
Exhibit-P13 A TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 01.06.2022 OF THE SECOND PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit-P14 A TRUE COPY OF THE ORDER NO. B/28504/2022
OF THE FOURTH RESPONDENT DATED 22.12.2022.
Exhibit-P15 A TRUE COPY OF THE ORDER NO.
B1/199154/2023 OF THE THIRD RESPONDENT
DISMISSING THE APPEAL RELATING TO THE
APPROVAL OF THE SECOND PETITIONER DATED
27.03.2023.
Exhibit-P16 A TRUE COPY OF THE MEMORANDUM OF REVISION
(APPLICATION NO.324548) CHALLENGING
EXHIBIT P15 ORDER, RELATING TO THE
APPROVAL OF THE SECOND PETITIONER.
Exhibit-P17 A TRUE COPY OF ORDER NO.B3/14260/2022(13)
DATED 10.10.2022.
Exhibit-P18 A TRUE OF COPY OF ORDER B3/2954/2022/D.D.E
DATED 21.11.2022.
Exhibit-P19 A TRUE COPY OF G.O. NO. 4761/2021/G.EDN
DATED 22.10.2021.
Exhibit-P20 A TRUE COPY OF LETTER DATED 22.06.2022.
Exhibit-P21 A TRUE COPY OF LETTER DATED 23.06.2022
