Kerala High Court
Larson Sebastian vs State Of Kerala on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 14663 OF 2020
PETITIONER:
LARSON SEBASTIAN,
AGED 44 YEARS,
S/O.LATE M.N.SEBASTIAN,
NOW WORKING AS HSA (ENGLISH),
ST.FRANCIS HIGHER SECONDARY SCHOOL,MATTOM,
RESIDING AT MULACKAL HOUSE, MATTOM,
THRISSUR DISTRICT-680 602.
BY ADVS.
C.A.CHACKO
SMT.C.M.CHARISMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR,
HIGHER SECONDARY EDUCATION, SANTHINAGAR,
THIRUVANANTHAPURAM.
4 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
DEPUTY DIRECTOR, EDAPPALLY.P.O., ERNAKULAM-682 024.
WP(C) No.14663 of 2020 2
5 THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR-680506 (EX-OFFICIO MANAGER,
ST.FRANCIS READING ASSOCIATION CORPORATE EDUCATIONAL
AGENCY, MATTOM, THRISSUR DISTRICT-680 602.)
6 THE PRINCIPAL,
ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM,
THRISSUR DISTRICT-680 602.
BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT. NISHA BOSE, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14663 of 2020 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) No. 14663 of 2020
--------------------------------------
Dated this the 24th day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. issue a Writ of Certiorari or any other appropriate writ,
order, or direction to quash Ext.P12 order issued by the 4 th
respondent, after calling for the records leading to its
issuance;
ii. issue a Writ of Mandamus or any other appropriate writ,
order or direction to the 5th respondent to relive the petitioner
from the duty of HSA (English) and permit him to join duty as
HSST English (Junior) forthwith;
iii. issue a Writ of Mandamus or any other appropriate writ,
order or direction to the 4 th respondent to reconsider the
application submitted by the 5th respondent for approval of
petitioner's appointment as HSST English (Junior) and
approve his appointment;
and
iv. issue such other reliefs as this Hon'ble Court deem fit and
proper in the facts and circumstances of the case.
2. Ext.P12 is an order passed by the 4 th respondent, the Regional
Deputy Director, Higher Secondary Education. Admittedly, against the
above order, the petitioner has got an alternative remedy of appeal. In such
circumstances the writ petition need not be entertained. At this stage the
counsel for the petitioner submitted that, the petitioner would file an appeal
within a time frame and there may be a direction to consider that appeal
within a time frame. I think, that prayer can be allowed. Therefore, this
writ petition is disposed of with the following directions;
(i) The petitioner is free to file an appeal against
Ext.P12 order before the 3rd respondent within 30
days from the date of receipt of a certified copy of
this judgment.
(ii) Once such an appeal along with a certified copy
of this judgment with the copy of the writ petition is
received, the 3rd respondent will consider the appeal
in accordance with law after giving an opportunity
of hearing to the petitioner, as expeditiously as
possible, at any rate, within two months from the
date of receipt of the appeal.
(iii) All the contentions raised by the petitioner in
this writ petition are left open and the petitioner is
free to agitate the same before the Appellate
authority.
The writ petition is disposed as above.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ak
APPENDIX OF WP(C) 14663/2020
PETITIONER EXHIBITS:-
EXHIBIT P1 TRUE COPY OF PG CERTIFICATE ISSUED FROM
MADURAI KAMARAJ UNIVERSITY.
EXHIBIT P2 TRUE COPY OF B.ED CERTIFICATE ISSUED FROM
MAHATMA GANDHI UNIVERSITY.
EXHIBIT P3 TRUE COPY OF CERTIFICATE IN STATE
ELIGIBILITY TEST.
EXHIBIT P4 TRUE COPY OF GO(MS)NO.202/2015/G.EDN.
DATED 28.7.2015.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 15.11.2012 IN
OF(C)NO.3285/2012.
EXHIBIT P6 TRUE COPY OF ORDER IN SLP.NO.26798-
26800/2017 DATED 27.10.2017 OF HON'BLE
APEX COURT.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 3.8.2015
MADE BEFORE THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF JUDGMENT IN WPC.NO.30708/2015
DATED 23.3.2017.
EXHIBIT P9 TRUE COPY OF APPOINTMENT ORDER DATED
3.4.2019 ISSUED BY 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 1.7.2019
MADE BEFORE THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF JUDGMENT IN WPC.NO.27887/2018
DATED 11.4.2019.
EXHIBIT P12 TRUE COPY OF ORDER DATED 3.9.2019 ISSUED
BY 4THRESPONDENT.
EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 25.9.2019 IN
CON.CASE (C)NO.1456/2019.
EXHIBIT P14 TRUE COPY OF GO(MS)NO.47/2017 GED DATED
8.6.2017.
EXHIBIT P15 TRUE COPY OF ORDER DATED 2.2.2017 ISSUED
BY 4TH RESPONDENT.
