Kerala High Court
Nijildev S.N vs The Director Of General Education on 30 March, 2023
WP(C) NO. 10940 OF 2023 1
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. 10940 OF 2023
PETITIONER/S:
NIJILDEV S.N
AGED 29 YEARS
S/O SAHADEVAN, BENEDICT MANDIRAM, NELLIVILA,
MULLUVILA P.O., THIRUVANANTHAPURAM DISTRICT - 695121
WORKING AS PHYSICAL EDUCATION TEACHER, ST. MARY'S
HIGH SCHOOL, KAMUKINCODE, NEYYATTINKARA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
1 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014
2 THE DISTRICT EDUCATIONAL OFFICER
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
3 THE MANAGER
CORPORATE MANAGEMENT OF LATIN CATHOLIC SCHOOLS,
DIOCESE OF NEYYATTINKARA, LOGOS PASTORAL CENTRE, SAN
JOSE NAGAR, NEYYATTINKARA, THIRUVANANTHAPURAM
DISTRICT, PIN - 695121
4 THE HEADMASTER
ST. MARY'S HIGH SCHOOL, KAMUKINCODE, NEYYATTINKARA
P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695121
BY ADV GOVERNMENT PLEADER, SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10940 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.10940 of 2023
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Dated this the 30th day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"1. Call for the entire records relating to Exts.P1 to P4 from
the respondents.
2. Issue a writ of mandamus or any other writ, direction or
order directing the 2nd respondent to pass orders on the basis of
Exhibit P4 direction of the 1 st respondent for approval of the
appointment of the petitioner as Physical Education Teacher in
St.Mary's High School, Kamukincode, Neyyattinkara P.O.,
Thiruvananthapuram as expeditiously as possible, within a time
limit as prescribed by this Hon'ble Court.
3. To dispense with the production of English translation of
vernacular documents.
4. Such other relief that this Honorable Court may deem fit
to render justice to the petitioner." [SIC]
2. The petitioner is appointed as the Physical Education
Teacher at St.Mary's High School, Kamukincode with effect
from 29.07.2021 on the retirement vacancy arose in the school
on 31.05.2020 by the 3rd respondent. It is the case of the
petitioner that as per Ext.P4, the 1st respondent issued
directions to consider the proposal for approval of appointment
based on the genuineness certificate produced by the
petitioner. According to the petitioner, the petitioner already
produced Ext.P1. If that is the case, there can be a direction to
the 2nd respondent to consider the proposal in the light of
Exts.P4 and P1 within a time frame.
Therefore, this writ petition is disposed of with the
following directions :
1) The 2nd respondent is directed to consider the proposal for
approval of the petitioner's appointment based on Ext.P2,
in the light of Exts.P4 and P1 as expeditiously as possible,
at any rate, within one month from the date of receipt of a
stamped certified copy of this judgment.
2) The petitioner will produce a certified copy of this
judgment along with the copy of this writ petition before
the 2nd respondent for compliance.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 10940/2023
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF THE GENUINENESS CERTIFICATE
BEARING NO. 52/TNPESU/COE-4/GEN.CERT./2021
DATED 13.10.2021 ISSUED BY THE TAMILNADU
PHYSICAL EDUCATION AND SPORTS UNIVERSITY
TO THE 2ND RESPONDENT
ExhibitP2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
BY THE 3RD RESPONDENT NO. 21/2021 DATED
29.07.2021
ExhibitP3 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT BEARING NO. B5/28992/2021 DATED
18.09.2021
ExhibitP4 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 12.03.2023 BEARING NO.
ET4/237801/2022
