Surendranath P.V vs State Of Kerala
2023 Latest Caselaw 6502 Ker

WP(C) NO. 19154 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                          WP(C) NO. 19154 OF 2023
PETITIONER/S:

               SURENDRANATH P.V
               AGED 46 YEARS
               S/O LATE P.NARAYANAN NAMBIAR, UPSA HINDI, AZHIKODE
               NORTH U.P.SCHOOL, P.O.AZHIKKAL, KANNUR -, PIN -
               670009

               BY ADVS.
               MAHESH V RAMAKRISHNAN
               PRAVEEN K.S.



RESPONDENT/S:

      1        STATE OF KERALA
               REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPUARM -, PIN - 695001

      2        THE DISTRICT EDUCATIONAL OFFICER
               KANNUR -, PIN - 670001

      3        THE ASSISTANT EDUATIONAL OFFICER,
               PAPPINISSERI, P.O.PAPPINISSERI, KANNUR, PIN - 670561

      4        MANAGER,
               AZHIKODE NORTH U.P.SCHOOL, P.O.AZHIKKAL, KANNUR -,
               PIN - 670009

      5        VRINDA P.V.
               UPSA, AZHIKODE NORTH U.P.SCHOOL, P.O.AZHIKKAL,
               KANNUR -, PIN - 670009


OTHER PRESENT:
 WP(C) NO. 19154 OF 2023                 2




               SMT.SURYA BINOY, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.06.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19154 OF 2023                  3


                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No. 19154 of 2023
                     --------------------------------------
                 Dated this the 13th day of June, 2023


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) "To issue a writ of Certiorari or any other appropriate writ order or direction, to call for the entire records culminated in Exts.P5, and to quash the same to the extent to which the same directs removal of the name of the petitioner from Ext.P4 provisional seniority list; ii. To issue a writ of Mandamus or any other appropriate writ order or direction, directing the respondent No.4 to appoint the petitioner herein as Headmaster based on seniority and qualification as per Rule-44, Ch.XIVA of the KER: iii. For all the costs of the Writ petition iv. To dispense with the translation of the documents produced in the vernacular language; v. For such other and further reliefs, that are denied fit under the circumstances of the case." [SIC]

2. The petitioner is aggrieved by Ext.P5 order by

which the 3rd respondent issued certain directions

regarding the seniority list of Azhikode North UP school. If

the petitioner is aggrieved by the same, the petitioner has

got statutory remedy as per KER. The petitioner is free to

avail that remedy.

Granting liberty to the petitioner to avail that remedy,

this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 19154/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 03-01-2003 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.B6/5261/14 DATED 06-02-2015 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO.D/2364/2015/K.DIS DATED 27-05-2015 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE PROVISIONAL SENIORITY LIST NO.D/458/2023 DATED 10-03-2023 ISSUED BY THE 3RD RESPONDENT .

Exhibit P5 TRUE COPY OF THE ORDER NO.D-458/2023 DATED 30-05-2023 ISSUED BY THE 3RD RESPONDENT .