Vimalabhai V.P vs The State Of Kerala
2023 Latest Caselaw 2724 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. 29870 OF 2022
PETITIONER/S:

             VIMALABHAI V.P
             AGED 55 YEARS
             WIFE OF VALSARAJAN, HEADMISTRESS
             (UNDER ORDERS OF REVERSION) , KATAMERI UP SCHOOL,
             KATAMERI, THODANNUR-673 542, KOZHIKODE DISTRICT
             (RESIDING AT VRINDAVANAM, VALLIAD, VILLIAPPALLY-
             673 542, KOZHIKODE DISTRICT).
             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD

RESPONDENTS:

    1        THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
             II, THIRUVANANTHAPURAM-695 001.
    2        THE DISTRICT EDUCATIONAL OFFICER,
             VADAKARA, KOZHIKODE DISTRICT-673 101.
    3        THE ASSISTANT EDUCATIONAL OFFICER,
             THODANNUR, KOZHIKODE DISTRICT-673 542.
    4        THE MANAGER,
             KATAMERI UP SCHOOL, KATAMERI, THODANNUR-673 542,
             KOZHIKODE DISTRICT.
    5        SRI. ABDUSSALIM KIZHAKKEVEETTIL
             KATAMERI UP SCHOOL, KATAMERI, THODANNUR-673 542,
             KOZHIKODE DISTRICT.
             BY ADVS.
             K.SHIBILI NAHA
             A.LOWSY(K/000914/2002)
             NIVEA K.G.(K/001479/2021)
             SRI.K.M.FAISAL 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.29870/2022

                                    2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.29870 of 2022
             ----------------------------------------------
            Dated this the 01st day of March, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records relating to Exhibits P-8, P-10 and P-11 and set aside the originals of the same by the issue of a writ of certiorari or appropriate writ or order.

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant approval to the promotion of the Petitioner as Headmistress and forthwith. iii. Issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-14 after affording an opportunity of being heard to the Petitioner within a time limit, duly taking note of Exhibits P-2 to P-5 and P-15, keeping in abeyance Exhibits P-8, P-10 and P-11 in the while.

iv. Pass such other order or direction which this WP(C).No.29870/2022

Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

(SIC)

2. It is the case of the petitioner that being the senior-

most and having crossed the age of 50 years, the petitioner is

entitled to be appointed as Headmistress of the 4 th respondent

School. Accordingly the petitioner was appointed as

Headmistress. But the approval of appointment was rejected

by the 3rd respondent as per Ext.P8 order. Even though the

same was challenged before the 2 nd respondent as per Ext.P9,

that was also rejected as per Ext.P10. The main reason for

rejecting the approval is that that, the 5 th respondent, who is a

test qualified candidate, is available and therefore she is

entitled preference. Aggrieved by Exts.P8 and P10, this writ

petition is filed.

3. Today, when the writ petition came up for

consideration, the counsel for the petitioner and the counsel

for the 5th respondent submitted that a settlement is arrived at

between the petitioner and the 5th respondent and the

petitioner who is going to retire from service this year is

allowed to continue and thereafter the 5th respondent can WP(C).No.29870/2022

continue as Headmistress. I think it is a reasonable and fair

settlement. The 4th respondent can be directed to resubmit

the proposal for approval of appointment of the petitioner as

Headmistress and consequential order can be passed by the

3rd respondent. To facilitate the 3 rd respondent to pass

consequential orders in terms of the settlement, Exts.P8 and

P10 can be set aside.

Therefore, this writ petition is allowed in the following

manner:

1. Exts.P8 and P10 are set aside.

2. The 4th respondent is directed to resubmit the

proposal for approval of appointment of the

petitioner as Headmistress within one month

from the date of receipt of a copy of this

judgment.

3. Once such a proposal is received, the 3rd

respondent will consider the same and take

appropriate steps, and approve the appointment

if there is no other legal impediment, as

expeditiously as possible, at any rate, within one

month from the date of receipt of the proposal.

WP(C).No.29870/2022

4. The petitioner will produce certified copy of this

judgment along with a copy of the writ petition

before respondents 3 and 4 for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.29870/2022

APPENDIX OF WP(C) 29870/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SENIORITY LIST AS ON 01.01.2022.

Exhibit P2 TRUE COPY OF THE G.O. (P) NO.

19.2020/G.EDN. DATED 23.12.2020 OF THE GOVERNMENT.

Exhibit P3 TRUE COPY OF THE G.O. (P) NO.

1/2021/G.EDN. DATED 05.01.2021 OF THE GOVERNMENT.

Exhibit P4 TRUE COPY OF THE G.O. (RT.) NO.

242/2020/G.EDN. DATED 15.01.2020 OF THE GOVERNMENT.

Exhibit P5 TRUE COPY OF THE G.O. (RT.) NO.

534/2022/G.EDN. DATED 25.01.2022 OF THE GOVERNMENT.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 10.03.2021. Exhibit P7 TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSED TO THE AEO, THODANNUR . Exhibit P8 TRUE COPY OF THE ORDER NO. D/9302/ 2021 DATED 18.08.2021 OF THE AEO, THODANNUR .

Exhibit P9 TRUE COPY OF THE APPEAL APPLICATION. Exhibit P10 TRUE COPY OF THE ORDER NO.

B5/194494/2021 DATED 05.09.2022 OF THE DEO, VADAKARA.

Exhibit P11 TRUE COPY OF THE ORDER NO. 01/2022 DATED 06.09.2022 OF THE MANAGER. Exhibit P12 TRUE COPY OF THE DECISION REPORTED IN 2017 (3) KHC 429 (AJITH KUMAR K.V. V. STATE OF KERALA AND OTHERS (DECIDED ON 19.06.2017).

Exhibit P13 TRUE COPY OF THE JUDGMENT IN W.A. NO.

123/2021 (REHIMA MUSALYARAKATH V. K.K.GEORGE AND OTHERS) DATED 05.01.2022.

Exhibit P14 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 12.09.2022 (WITHOUT EXHIBITS) ALONG WP(C).No.29870/2022

WITH COURIER RECEIPT AFFIXED.

Exhibit P15 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145 (REVINDRA BABU V. STATE OF KERALA) DECIDED ON 17.02.1987. Exhibit P16 TRUE COPY OF THE CIRCULAR NO.J1/01/21/G.EDN. DATED 27.11.2022 OF THE GOVERNMENT.

Exhibit P17 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5560/2022 DATED 25.07.2022