Sreeja.M vs Deputy Director Of Education
2023 Latest Caselaw 6512 Ker

                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. 19085 OF 2023
PETITIONER:

          SREEJA.M
          AGED 40 YEARS, WIFE OF SETHUMADHAVAN, HST MATHS,
          SARVAJANA HSS, PUTHOCODE, PALAKKAD, PIN - 678687

          BY ADVS.
          AUGUSTINE JOSEPH
          TONY AUGUSTINE



RESPONDENTS:

    1     DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, PALAKKAD, PIN - 678001

    2     MANAGER
          SARVAJANA HSS, PUTHOCODE, PALAKKAD. (NOW DEPUTY
          DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD IS THE
          EX-OFFICIO MANAGER), PIN - 678687

    3     REGIONAL DEPUTY DIRECTOR
          CIVIL STATION, MALAPPURAM, PIN - 676505

    4     DISTRICT EDUCATIONAL OFFICER
          ROBINSON ROAD, PALAKKAD, PIN - 678001

    5     HEADMASTER
          SARVAJANA HSS, PUTHOCODE, PALAKKAD, PIN - 678687


OTHER PRESENT:

          SMT.NISHA BOSE, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19085 of 2023

                                     2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.19085 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i) issue a writ of mandamus or any other writ, order or direction to the 1st respondent being the Ex officio Manager to consider and take necessary steps to promote the petitioner as HSST Maths in the light of Ext.P3, P4 and P5 with in a time frame and affording an opportunity of hearing to the petitioner.

ii) dispense with filing of the translation of vernacular documents.

iii) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

iv) allow this writ petition with costs." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to

consider Ext.P2 which is a request submitted by the

Headmaster in-charge to the Deputy Director of Education,

Palakkad for approving the appointment of the petitioner as

HSST Maths.

3. Heard the learned Government Pleader also. W.P (C) No.19085 of 2023

4. After hearing both sides, I think there can be

direction to the 1st respondent to consider Ext.P2 and take a

decision in it, within a time frame.

Therefore, this writ petition is disposed of with the

following directions:-

i) The 1st respondent is directed to consider and pass appropriate orders in Ext.P2, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment.

ii) While deciding the matter, the 1st respondent also will consider the applicability of Exts.P3, P4 and P5.

ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before

the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.19085 of 2023

APPENDIX OF WP(C) 19085/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE APPLICATION DATED 24.5.2023 OF THE PETITIONER.

Exhibit-P2 TRUE COPY OF THE LETTER DATED 24.5.2023 OF THE 5TH RESPONDENT.

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 1.10.2018 IN W.P.(C).NO.16498/2018 OF THIS HON'BLE HIGH COURT.

Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN W.P.(C).NO.2788/2012 OF THIS HON'BLE HIGH COURT.

Exhibit-P5 TRUE COPY OF THE GOVERNMENT ORDER NO.2433/2018/G.EDN DATED 28.6.2018.