P. Rashida vs The Director Of General Education
2023 Latest Caselaw 6671 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                    WP(C) NO. 18848 OF 2023
PETITIONER/S:
          P. RASHIDA, AGED 30 YEARS
          W/O. ABOOBACKER, UPST (UNAPPROVED), HAJI N.C
          KOYAKUTTY HAJI MEMORIAL AUP SCHOOL, KARASSERY
          P.O, MUKKOM, KOZHIKODE DISTRICT. RESIDING AT
          PALOOR, POOLACODE, P.O PAZHUR, MAVOOR, KOZHIKODE
          DISTRICT., PIN - 673602
          BY ADVS.
          R.K.MURALEEDHARAN
          ATHIRA A.MENON
RESPONDENT/S:
    1     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM., PIN - 695014
    2     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT., PIN - 673573
    3     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          MUKKOM, KOZHIKODE DISTRICT., PIN - 673602
    4     THE MANAGER, HAJI N.C KOYAKUTTY HAJI MEMORIAL AUP
          SCHOOL, KARASSERY P.O, MUKKOM, KOZHIKODE
          DISTRICT., PIN - 673602
          BY ADVS. FAZIL P
          SAJU THALIATH(K/429/1995)
          JITHIN PAUL VARGHESE(K/940/2009)
          C.PRABITHA(K/528/2009)
          ANN MARY FRANCIS(K/000577/2018)
          R.SRUTHY(K/000366/2018)
          FADIL FAZIL(K/1842/2021)
OTHER PRESENT:
          SMT.NISHA BOSE, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   20.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 18848 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 18848 of 2023
                         =============================================================

                       Dated this the 20th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, restraining the 1 st respondent from adjudicating Ext P8 appeal by issuing Ext. P12 notice of hearing since no appeal is pending after Ext. P11 order was issued by the 1st respondent in the appeal.

ii) Issue a writ of mandamus or any other appropriate writ. order or direction, directing the 3 rd respondent to approve the appointment of the petitioner as UPST with effect from 01.06.2017 with all consequential benefits in the light of Ext. P11 order issued by the 1 st respondent within a time frame,

iii) Issue such other orders, writ or directions as this Hon'ble Court may deem fit to grant.

iv) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition." (sic)

2. The petitioner was appointed as UPST with effect from

01.06.2017 in a retirement vacancy along with two other teachers. It

is submitted that she joined duty on the same day and the proposal

W.P.(C). No. 18848 of 2023

was forwarded to the 3rd respondent. There was dispute regarding the

management between Dr. N.M.Abdul Majeed who appointed the

petitioner and one N.C.Abdul Azeez. It is submitted that the said

Abdul Azeez approached this Court seeking for a direction to dispose

of the revision and as per Ext.P2 judgment it was ordered to be

disposed but fresh appointments were restrained. Based on the

direction not to make fresh appointment on 08.06.2017, the

petitioner's appointment on 01.06.2017 was rejected and finally vide

Ext.P4, the 1st respondent ordered to approve the same. The rival

claimant for managership, Abdul Azeez challenged it before

Government and Government issued Ext.P5 order which was set aside

at the instance of another teacher vide Ext. P6. The petitioner also

challenged Ext. P6 in WP(C) No.5495 of 2022 and her proposal for

approval was resubmitted but it was again rejected and Ext.P8 appeal

was preferred by the Manager which was allowed by Ext.P11 order.

Now the petitioner's proposal is pending before the 3 rd respondent and

the prayer of the petitioner is to consider the proposal for approval in

the light of Ext.P11. Hence, this writ petition.

W.P.(C). No. 18848 of 2023

3. Heard the counsel for the petitioner, the Government

Pleader and the counsel appearing for the 4th respondent.

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

can be disposed of directing the 3rd respondent to consider the

proposal for approval of the petitioner in the light of Ext.P11.

Therefore, this writ petition is disposed of in the following

manner:

1. The 3rd respondent is directed to consider the proposal for approval of the petitioner as UPST, in the light of Ext.P11, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition with exhibits, before the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 18848 of 2023

APPENDIX OF WP(C) 18848/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH THE COVERING LETTER OF THE MANAGER DATED 01.06.2017 Exhibit-P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 18930/2017 DATED 08.06.2017 Exhibit-P3 TRUE COPY OF THE ORDER NO. K .DIS-A/2179/2017 ISSUED BY THE 3RD RESPONDENT DATED 25.09.2017 Exhibit-P4 TRUE COPY OF THE ORDER NO.

G3/3411/2019/DPI /K.DIS DATED 23.05.2019 TRUE COPY OF THE ORDER NO.

G3/3411/2019/DPI /K.DIS DATED 23.05.2019 Exhibit-P5 TRUE COPY OF THE ORDER NO. 452/2020/G.EDN OF THE GOVERNMENT DATED 23.01.2020 Exhibit-P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 8115/2020 DATED 11.06.2020 Exhibit-P7 TRUE COPY OF THE ORDER NO. K .DIS A1/198215/2022 ISSUED BY THE 2ND RESPONDENT DATED 28.12.2020 Exhibit-P8 TRUE COPY OF THE APPEAL FILED BY THE MANAGER, HNCKM AUP SCHOOL, KARASSERY BEFORE THE 1ST RESPONDENT Exhibit-P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 5495/2020 DATED 10.03.2023 Exhibit-P10 TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER FROM EMS SPEED POST DATED 25.03.2023 Exhibit-P11 TRUE COPY OF THE ORDER NO. G3/238980/2023 DATED 06.05.2023 ISSUED BY THE 1ST RESPONDENT Exhibit-P12 TRUE COPY OF THE HEARING NOTICE NO.

G3/6538/2023/DGE ISSUED BY THE 1ST RESPONDENT Exhibit-P13 TRUE COPY OF THE ORDER NO. A/269/2000 DATED 05.04.2022 ISSUED BY THE 3RD RESPONDENT APPROVING DR. ABDUL MAJEED N.M AS THE MANAGER