Anithambika N vs The State Of Kerala
2023 Latest Caselaw 6527 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. 19013 OF 2023
PETITIONER:
           ANITHAMBIKA N
           AGED 53 YEARS
           WIFE OF REMESH KUMAR R HEADMISTRESS, DEVI VILASAM
           HIGHER SECONDARY SCHOOL, KANDANKARY, THAYAMKARY P O,
           EDATHUA (VIA), ALAPPUZHA DISTRICT- (RESIDING AT REMESH
           NIVAS, PAZHAVEEDU P O, ALAPPUZHA DISTRICT-688009), PIN
           - 689573

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II
          THIRUVANANTHAPURA, PIN - 695001

    2     THE DIRECTOR OF GENERAL EDUCATION
          (HIGHER SECONDARY WING) HOUSING BOARD BUILDINGS, SANTHI
          NAGAR, THIRUVANANTHAPURAM, PIN - 695001

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121

    4     THE MANAGER
          DEVI VILASAM HIGHER SECONDARY SCHOOL, KANDANKARY,
          THAYAMKARY P O, EDATHUA (VIA) ALAPPUZHA DISTRICT, PIN -
          689573


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.19013 of 2023

                                   2

                P.V.KUNHIKRISHNAN
            ---------------------
               W.P (C) No.19013 of 2023
         ---------------------------
           Dated this the 13th day of June, 2023

                             JUDGMENT

This writ petition is filed with the following prayers:-

"i) declare that the Petitioner is entitled for appointment on by transfer as Principal in Devi Vilasam HSS, Kandanakary.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th Respondent Manager of Devi Vilasam HSS, Kandanakary to appoint the Petitioner on by transfer as Principal in Devi Vilasam HSS, Kandanakary forthwith.

iii) declare that acquisition of qualification of experience from any aided School is sufficient for promotion to the post of Principal in terms of Rule 6 Chapter XXXII KERs or in the alternate.

iv) grant exemption to the Petitioner from the operation of sub clause (3) of Clause (1) of Rule 6 of Chapter XXXII KERs that the teaching service should be in the same Educational Agency invoking Rule 3 Chapter 1 KERs.

v) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P- 9 after affording an opportunity of being heard to the Petitioner within a time limit taking note of Exhibit P- 10 order.

vi) declare that insisting of qualification of experience from the very same management for promotion to the post of Principal by promotion stipulated in Rule 6 Chapter XXXII KERs is unconstitutional and void.

vii) to dispense with filing of English translation of W.P (C) No.19013 of 2023

vernacular documents produced along with the Writ Petition.

viii) 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 will be satisfied if a direction is issued to the 1 st

respondent to consider Ext.P9 within a time frame. The

counsel for the petitioner also submitted that there may be

direction to the 1st respondent to consider Exts.P9 adverting

to Exts.P8 and 10.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am of the considered

opinion that this writ petition can be disposed of directing

the 1st respondent to consider Ext.P9, 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.P9, after giving an opportunity of hearing to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.

W.P (C) No.19013 of 2023

ii) While deciding the matter, the 1 st respondent will also consider the applicability of Exts.P8 and P10.

iii) 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.19013 of 2023

APPENDIX OF WP(C) 19013/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 16.08.2000 WITH THE APPROVAL RECORDED THEREOF

Exhibit P-2 TRUE COPY OF THE ORDER NO.

B3/23685/2021 DATED 04.08.2021 DEO, KUTTANAD

Exhibit P-3 TRUE COPY OF THE G.O. (MS.) NO.

14/2019/G.EDN DATED 06.02.2019

Exhibit P-4 TRUE COPY OF THE MA CERTIFICATE DATED 09.08.1996 OF THE UNIVERSITY OF KERALA ALONG WITH THE MARK LIST DATED 10.01.1995

Exhibit P-5 TRUE COPY OF THE B.ED CERTIFICATE DATED 16.03.1994 OF THE UNIVERSITY OF KERALA

Exhibit P-6 TRUE COPY OF THE REQUEST DATED 10.05.2023 ADDRESSED TO THE MANAGER

Exhibit P-7 TRUE COPY OF THE PROBATION DECLARED ON 01.05.2022 BY THE MANAGER VIDE LETTER DATED 10.05.2023

Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN 2003 KHC 171=2003 (1) KLT 998 (SASIDHARAN NAIR V. STATE OF KERALA)

Exhibit P-9 TRUE COPY OF THE REPRESENTATION DATED 29.05.2023 SUBMITTED BEFORE THE GOVERNMENT

Exhibit P-10 TRUE COPY OF THE G.O. (RT.) NO. 3359/ 2014/G.EDN. DATED 21.08.2014

Exhibit P-11 TRUE COPY OF THE RELEVANT PORTION OF CHAPTER XXXII RULE 6 OF KERS