Manager vs State Of Kerala
2023 Latest Caselaw 2704 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                      WP(C) NO. 32280 OF 2022
PETITIONER:

             MANAGER
             C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL,
             OZHUR, VELLACHAL.P.O, MALAPPURAM DISTRICT-676106.
             BY ADVS.
             M.R.ANISON
             V.BHARGAVI (PANANGAD)
             P.A.RINUSA

RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.
    2        THE DIRECTOR OF GENERAL EDUCATION,
             DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
             THIRUVANANTHAPURAM-695014.
    3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
             EDUCATION
             REGIONAL OFFICE, MALAPURAM-676505.
    4        HARIPRASAD,
             LOWER DIVISION CLERK,
             C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL,
             OZHUR, VELLACHAL.P.O, MALAPPURAM DISTRICT-686106.
OTHER PRESENT:

             SRI.K.M. FAISAL GP
             SMT. NISHA BOSE SR,GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.32280/2022

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.32280 of 2022
             ----------------------------------------------
            Dated this the 01st day of March, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P7 order, since that order had been issued in violation of the provisions of Kerala Education Act and Rules 3,4 and 5 of Chapter XXXII KER;

ii. To issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P7 order, since the same had been issued in violation of petitioner's Fundamental Right under Article 14 & 30(1) of the Constitution.

iii. To issue a writ of mandamus or other appropriate writ, order or direction directing 2 nd and 3rd respondents to sanction the required number of Non-teaching posts in the Higher Secondary section of petitioner's school, as mandated in Chapter XXXII KER.

iv. To issue a writ of mandamus or other appropriate writ, order or direction directing 2 nd and 3rd respondents to approve 4th respondent's appointment as Lower Division Clerk in the WP(C).No.32280/2022

Higher Secondary section of petitioner's school w.e.f. 10.11.2021, and to sanction and disburse all consequential monetary and other service benefits attached to that post w.e.f. 10.11.2021 onwards.

v. To exempt the petitioner from producing the English Translation of Malayalam Exhibits produced along with this writ petition and the petitioner further undertakes that he is ready and willing to produce English translation of Malayalam documents as and when required. vi. To pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.

(SIC)

2. Petitioner is the Manager of an aided higher

secondary school having minority status. Chapter XXXII KER

mandates appointment of Lower Division Clerk, Part-Time

Menial and Librarian Grade IV in the Higher Secondary

Section, which are the non-teaching staff. The petitioner

appointed the 4th respondent as Lower Division Clerk in the

petitioner' school with effect from 20.10.2021. The proposal

for approval of his appointment was returned by the 3 rd

respondent stating that the question of approval of such WP(C).No.32280/2022

appointments can be considered only after the Government

issues orders creating / sanctioning Lower Division Clerk post

in the petitioner's school. Aggrieved by the same, this writ

petition is filed.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that in

the petitioner's school, there are more than 1500 students and

therefore, in the light of Ext.P8, the petitioner's school is

entitled a post of Clerk. The counsel takes me through Ext.P8

Government Order in which similarly situated schools were

sanctioned post. If that be the case, the petitioner can submit

a representation before the Government and the Government

can be directed to consider the matter in the light of Ext.P8

order. Moreover, in similarly situated case, this Court also

passed a judgment in Vivek Nair v. State of Kerala [2021

(3) KLT 65], which is produced as Ext.P5.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to submit a representation WP(C).No.32280/2022

before the 1st respondent narrating the

grievance raised in the writ petition and also in

the light of Ext.P8 order within three weeks from

the date of receipt of a copy of this judgment.

2. Once such a representation is received, the 1 st

respondent will consider the same and pass

appropriate orders in it, in the light of Ext.P5

judgment and Ext.P8 Government Order, as

expeditiously as possible, at any rate, within two

months from the date of receipt of the

representation.

3. The petitioner will produce a certified copy of

this judgment along with a copy of the writ

petition and representation, before the 1 st

respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.32280/2022

APPENDIX OF WP(C) 32280/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MINORITY CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS TO THE PETITIONER SCHOOL Exhibit P2 TRUE COPY OF NO.G.O.(MS)NO.220/2015/G.EDN, DATED 17.08.2015 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 15.01.2020 IN W.A.NO.745/2018. Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 05.10.2021 IN CONT.CASE(C) NO.1091/2021.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 16.03.2021 IN W.P.(C)NO.26927/2018 REPORTED IN 2021(3)KLT 65 Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.11.2021 ISSUED TO THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER BEARING NO.H/7384/21/RDD/MLPM/HSE/K.DIS, DATED 25.06.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF G.O.(MS) NO.

106/2022/GEDN., DATED 14.06.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF STAFF FIXATION ORDER FOR THE YEAR 2022-2023 DATED 24.08.2022 ISSUED BY THE DEO, TIRURANGADI Exhibit P10 TRUE COPY OF THE CHART SHOWING THE STUDENTS STRENGTH OF HIGH SCHOOL AND HIGHER SECONDARY SECTION OF THE PETITIONER SCHOOL.