The Manager, (P.K.Ahamed) ... vs State Of Kerala
2023 Latest Caselaw 6976 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                     THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

                               WP(C) NO. 20298 OF 2023

PETITIONER/S:

                THE MANAGER, (P.K.AHAMED) CALICUT HIGHER SECONDARY SCHOOL FOR THE
                HANDICAPPED, KOLATHARA
                AGED 81 YEARS
                S/O MOIDU HAJI, CALICUT HIGHER SECONDARY SCHOOL FOR THE
                HANDICAPPED, KOLATHARA, KOZHIKODE (RESIDING AT P.K BUNGALOW, EAST
                HILL, KOZHIKODE DISTRICT - 673 005), PIN - 673655
                BY ADVS.
                V.A.MUHAMMED
                M.SAJJAD


RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
                DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM, PIN -
                695001
     2          THE DIRECTOR OF GENERAL EDUCATION,
                JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
     3          THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION,
                KOZHIKODE, PIN - 673004
     4          THE DEPUTY DIRECTOR OF EDUCATION,
                MANANCHIRA ROAD, MANANCHIRA, KOZHIKODE, PIN - 673001
     5          THE DISTRICT EDUCATIONAL OFFICER,
                MANANCHIRA, KOZHIKODE, PIN - 673001

OTHER PRESENT:

                SMT.SURYA BINOY, GP,



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 20298 of 2023
                                     ..2..




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

                       W.P.(C) No. 20298 of 2023

              ========================

              Dated this the 22nd day of June, 2023

                        J U D G M E N T

The above Writ Petition is filed with the following

prayers:-

"i. declare that the appointments covered by Exhibits P-1 to

P-6 are liable to be approved, for the Petitioner has already

complied with the reservation of physically disabled hands,

duly taking note Exhibits P-10, P13 and P-14.

(ii) issue a writ of mandamus or other appropriate writ order

or direction to grant approval to the appointments covered by

Exhibits P-1 to P-6 expeditiously.

(iii) issue writ of mandamus or any appropriate writ order or

direction directing the 1st Respondent to take a decision on

Exhibit P-15 with notice to the Petitioner and in a time bound

manner, duly taking note of Exhibits P-10, P-13 and P-14.

W.P.(C) No. 20298 of 2023 ..3..

(iv) to dispense with filing of English translation of vernacular

documents produced along with the Writ Petition.

(v) 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 today,

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.P15 within a time frame in the

light of Exts.P10, P13 and P14.

3. Heard the learned Government Pleader also.

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

disposed of directing the 1st respondent to consider Ext.P15

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 W.P.(C) No. 20298 of 2023 ..4..

appropriate orders in Ext.P15 after giving an opportunity of

hearing to the petitioner and other affected parties as

expeditiously as possible at any rate within a period of four

months from the date of receipt of a certified copy of this

judgment.

ii. While deciding the matter, the 1st respondent will

consider the applicability of Exts. P10, P13 and P14.

iii. The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the 1 st

respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE RMV W.P.(C) No. 20298 of 2023 ..5..

APPENDIX OF WP(C) 20298/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. AJANASMI C.V DATED 19.07.2021 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF SRI. SHAHEER MANAF N.P.DATED 19.07.2021 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. ANSILA T.K DATED 15.07.2021 Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER OF SRI. HAMSA JAISAL K.P DATED 15.02.2022 Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER OF SRI. P.SHAHID RAHMAN M DATED 22.12.2021 Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.P.FAZIL, DATED 15.11.2021 Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN 2022 (4) KLT 426 = 2022 KHC 488 DATED 03.08.2020 (RESHMI R.NAIR V. STATE OF KERALA ) Exhibit P-8 TRUE COPY OF THE G.O(P) NO. 3/2019/G.EDN. DATED 28.02.2019 Exhibit P-9 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 Exhibit P-10 TRUE COPY OF THE G.O(MS) NO. 111/2022/ G.EDN DATED 25.06.2022 Exhibit P-11 TRUE COPY OF THE LISTS OF PRIMARY TEACHERS SO APPOINTED IN THE SCHOOL FROM 07.02.1996 TO 18.04.2017 PREPARED BY HEADMASTER Exhibit P-12 TRUE COPY OF THE LIST OF NON TEACHING STAFF PREPARED BY HEADMASTER FROM 07.02.1996 TO 18.04.2017 HEADMASTER Exhibit P-13 TRUE COPY OF THE G.O (RT) NO. 1291/2023/G.EDN DATED 14.02.2023 Exhibit P-14 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 4811/2022 DATED 01.08.2022 Exhibit P-15 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER DATED 09.06.2023 BEFORE THE GOVERNMENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE