The Manager vs The State Of Kerala
2023 Latest Caselaw 6979 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. 21206 OF 2022
PETITIONER:

            THE MANAGER
            DARUL ULOOM HIGHER SECONDARY SCHOOL,
            PULLEPADY, ERNAKULAM DISTRICT-682 018

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD
            NOUSHAD P.M.


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            SECRETARIAT ANNEXE-II,
            THIRUVANANTHAPURAM-695 001

    2       THE DIRECTOR OF GENERALA EDUCATION,
            VHSE WING, HOUSING BOARD BUILDING,
            SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001

    3       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION,
            EDAPPALLY, ERNAKULAM DISTRICT-680 031

            BY ADV
            SURYA BINOY
            GOVERNMENT PLEADER


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C). No. 21206 of 2022
                                        -:2:-




                      P.V.KUNHIKRISHNAN, J.
                    ------------------------------------
                     WP(C) No. 21206 of 2022
                    ------------------------------------
                Dated this the 22nd day of June, 2023

                                  JUDGMENT

The writ petition is filed with following prayers:

I) "Issue a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to grant permission to the petitioner for filling up the NVT junior (Physics) vacancy in a time bound manner.

ii) Issue a writ or mandamus or other appropriate writ order or direction directing the 2nd respondent to take a decision on Exhibit P-1 in a time bound manner with notice to the petitioner.

iii) Pass such order or direction which this Hon'ble Court may deem fit and proper to grant in circumstances of the case." [SIC]

2. Petitioner is the Manager of Darul Uloom Vocational

Higher Secondary School and Higher Secondary School,

Ernakulam. It is submitted that, a vacancy of Non Vocational WP(C). No. 21206 of 2022

Teacher (Junior) Physics, has occurred in the school on the

retirement of the existing teacher on 31.03.2022. It is submitted

that, seeking permission for filling of that vacancy, petitioner

moved the Director as early as on 01.04.2022. It is further

submitted that, only on getting permission from the 2 nd

respondent, petitioner can issue notification inviting applications.

The delay in granting permission for notification of vacancy is

affecting the academic interest of the school and students. Hence

this writ petition. It is also submitted that, as per Ext.P2, that

vacancy is set apart to the physically disabled candidates.

Therefore, prayer of this writ petition is for issuing direction to

grant permission.

3. Heard the learned counsel for the petitioner as well as the

Government Pleader.

4. After hearing both sides, and also in the light of Ext.P2

proceedings issued by the petitioner Manager, I think there can be

a direction to the 2nd respondent to consider Ext.P1, within a time

frame.

Therefore, this writ petition is disposed of with following

directions;

i. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P1 in the light of Ext.P2 WP(C). No. 21206 of 2022

and also in the light of the principle laid down by the Division Bench of this Court in W.A.No.1445/2022 dated 13.03.2023.

ii. Necessary orders as directed above shall passed by the 2nd respondent as expeditiously as possible, at any rate, within a period of 'three weeks' from the date of receipt of a copy of this judgment.

This writ petition disposed of as above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

jka/22.06.23.

WP(C). No. 21206 of 2022

APPENDIX OF W.P(C).No.21206/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REQUEST NO.M1/2022 BY THE PETITIONER DATED 01.04.2022.

Exhibit P -2 TRUE COPY OF THE REQUEST MADE BY THE MANAGER DATED 30.03.2023.