Thasneem.K.K., W/O Abdul ... vs State Of Kerala, Rep. By It’S ...
2023 Latest Caselaw 3803 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                    WP(C) NO. 11343 OF 2023
PETITIONER/S:
          THASNEEM.K.K., W/O ABDUL SAMAD.M.M
          AGED 49 YEARS, MANAMKERIL HOUSE, SRA-13,
          PAZHANGAD, EDAVANAKKAD P.O., ERNAKULAM, PIN -
          682502
          BY ADVS.
          G.SANTHOSH KUMAR (P).
          ASWATHI SURESH
          GOPIKA RAMESH
RESPONDENT/S:
    1     STATE OF KERALA, REP. BY IT'S SECRETARY TO
          GOVERNMENT, KERALA EDUCATION DEPARTMENT,
          SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE DIRECTOR, HIGHER SECONDARY EDUCATION
          DEPARTMENT, HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE REGIONAL DEPUTY DIRECTOR,HIGHER SECONDARY
          EDUCATION, EDAPPALLY, ERNAKULAM, PIN - 682024
    4     THE MANAGER, HIDAYATHUL ISLAM HIGHER SECONDARY
          SCHOOL, EDAVANAKAD EDAVANAKAD P.O, ERNAKULAM, PIN
          - 682502
    5     THE PRINCIPAL, HIDAYATHUL ISLAM HIGHER SECONDARY
          SCHOOL, EDAVANAKAD P.O, ERNAKULAM, PIN - 682502
    6     NEJIYA.V.U, HSST, HIDAYATHUL ISLAM HIGHER
          SECONDARY SCHOOL, RESIDING AT PURAKKATTU MANZIL,
          KEDAMANGALAM, NORTH PARAVOOR, ERNAKULAM DISTRICT,
          PIN - 683513
OTHER PRESENT:
          SMT.NISHA BOSE, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   30.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2-
W.P.(C). No. 11343 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.11343 of 2023
                         =============================================================

                    Dated this the 30th day of March, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) Issue a writ of certiorari calling for the records leading to Ext.P2 and quash the same.

(ii) Issue a writ of mandamus directing the 4 th respondent to promote the petitioner to the post of Principal during the pendency of Ext.P1 before the 1st respondent State of Kerala.

(iii) Issue a writ of mandamus directing the 2nd respondent to consider and pass orders on Ext.P6 after affording an opportunity of hearing to the petitioner.

(iv) Issue a writ of mandamus directing the 3rd respondent to consider and pass orders on Ext.P7 after affording an opportunity of hearing to the petitioner.

(v) To declare that the petitioner is qualified to be promoted as Principal of Hidayathul Islam Higher Secondary School, Edavanakad Edavanakad PO, Ernakulam managed by the 4th respondent.

(vi) Issue such other order as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case.

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W.P.(C). No. 11343 of 2023

(vii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language." (sic)

2. The petitioner is working as Higher Secondary School

Teacher (Computer Science) at Hidayathul Islam Higher

Secondary School, Edavanakad. It is the case of the petitioner

that she is the senior to the 6 th respondent. However, overlooking

her seniority, the 4th respondent issued Ext.P2 order whereby the

6th respondent is promoted and posted as Principal at Hidayathul

Islam Higher Secondary School with effect from 01.04.2023. It

is the case of the petitioner that the denial of promotion to the

petitioner is not communicated and her understanding is that the

same is rejected because the petitioner does not possess B.Ed

degree. Aggrieved by the same, the petitioner submitted Exts.P5,

P6 and P7 before the 4th, 2nd and the 3rd respondents respectively.

The same are not considered by the respondents. Hence this writ

petition is filed.

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W.P.(C). No. 11343 of 2023

3. Heard the counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 3rd respondent to consider Ext.P7

with notice to the petitioner and respondents 4 and 6, within a

time frame. The approval, if any, to the appointment of the 6 th

respondent is not granted as on today, the same will be subject to

the result of the decision taken by the 3rd respondent in Ext.P7.

Therefore, this writ petition is disposed of in the following

manner:

1. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P7 representation submitted by the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a certified copy of this judgment, with notice to the petitioner and respondents 4 and 6.

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W.P.(C). No. 11343 of 2023

2. The approval, if any, to the appointment of the 6 th respondent is not granted as on today, the same will be subject to the result of the decision taken by the 3 rd respondent in Ext.P7.

3. The petitioner will produce a certified copy of this judgment together with a copy of this writ petition before the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 6-

W.P.(C). No. 11343 of 2023

APPENDIX OF WP(C) 11343/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PROCEEDINGS DATED 03/12/2022 ISSUED BY THE JOINT DIRECTOR (ACADEMIC), HIGHER SECONDARY DIRECTORATE.

Exhibit-P2 TRUE COPY OF THE ORDER DATED 22/03/2023 ISSUED BY THE 4TH RESPONDENT.

Exhibit-P3 TRUE COPY OF THE ORDER NO.ACD A1/246937/2020/H.S.E. DATED 10/08/2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P4 TRUE COPY OF THE LETTER NO.11/2023 DATED 21/03/2023 ISSUED BY THE PRESIDENT OF ASSOCIATION OF COMPUTER TEACHERS TO 4TH RESPONDENT.

Exhibit-P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 23/03/2023.

Exhibit-P6 TRUE COPY OF THE REPRESENTATION DATED 25/03/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit-P7 TRUE COPY OF THE REPRESENTATION DATED 25/03/2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.