The Manager vs State Of Kerala
2023 Latest Caselaw 7326 Ker

WP(C) NO. 21004 OF 2023             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          WP(C) NO. 21004 OF 2023
PETITIONER/S:

               THE MANAGER
               AGED 56 YEARS
               EBENEZER HIGHER SECONDARY SCHOOL NELLAD PO, VEETTOOR,
               MUVATTUPUZHA , ERNAKULAM DISTRICT-, PIN - 686669

               BY ADVS.
               K.MOHANAKANNAN
               D.S.THUSHARA


RESPONDENT/S:
     1    STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-, PIN -
          695001

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHI, THIRUVANANTHAPURAM -, PIN - 695014

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, KAKKANAD PO, ERNAKULAM DISTRICT -,
               PIN - 682030

      4        DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
               MUVATTUPUZHA, T.B. JUNCTION, NEAR SIVAN KUNNU HS,
               MUVATTUPUZHA, ERNAKULAM DISTRICT -, PIN - 686661

               SMT.SURYA BINOY,GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21004 OF 2023              2


                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No. 21004 of 2023
                     --------------------------------------
                 Dated this the 27th day of June, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) To Issue a writ of Mandamus or appropriate order or direction directing the 3rd respondent to consider Ext.P4 and pass appropriate orders to enable the Petitioner to fill up those posts by accommodating physically disabled within a time frame to be fixed by this Hon'ble Court;

(ii) To issue a writ of Mandamus or appropriate order or direction directing the respondents to permit the Petitioner to appoint physically disabled persons in the 6 vacancies of protected teachers available as per Ext.P1;

(iii) To dispense with filing of the translation of vernacular documents;

(iv) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice" [SIC].

2. The petitioner is the Manager of an aided school. By

Ext.P1, Government order, it is submitted that the protected

teachers deployed in excess was ordered to be withdrawn by

the Government. Accordingly, one protected teacher was was

withdrawn from the petitioner's school. Now, 6 more protected

teachers are working in the school is the submission. In the

light of the Ext.P3 Government circular, it is submitted that

physically disabled is to be appointed before 10.07.2023.

Therefore, unless Ext.P1 is implemented, the petitioner will not

be in a position to appoint the physically disabled person.

Hence, the petitioner submitted Ext.P4 before the 3 rd

respondent. The grievance of the petitioner is that the 3 rd

respondent is not considering the same.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition. The Government

Pleader submitted that the 3rd respondent can consider the

matter only in consultation with the 1 st respondent, since there

is Ext.P1. In the light of the above submission, I am of the

considered opinion that the 3rd respondent can be directed to

forward Ext.P4 to the 1st respondent within a time frame and

there can be a direction to the 1 st respondent to consider Ext.P4

immediately.

Therefore, this writ petition is disposed of with the

following directions :

1) The 3rd respondent is directed to forward Ext.P4 to the 1 st

respondent within one week from the date of receipt of a

certified copy of this judgment.

2) Once Ext.P4 along with a certified copy of this judgment

with a copy of this writ petition is received, the 1 st respondent

will consider the same and pass appropriate orders in it, as

expeditiously as possible, at any rate, within one month from

the date of receipt of Ext.P4 from the 3rd respondent.

3) The petitioner will produce a certified copy of this

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

respondent and 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 21004/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.

(P). NO. 5056/2021/G.EDN DATED 10/11/2021

Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.

B5/11155/2021/D.D.E. DATED 14/01/2022 OF THE 3 RD RESPONDENT,

Exhibit P3 TRUE COPY OF THE CIRCULAR NO.H 2/295299/2021/DGE DATED 17-6-2023 ISSUED BY THE GOVERNMENT

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT