Kerala High Court
Shyla Thomas vs The State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 40349 OF 2022
PETITIONER/S:
SHYLA THOMAS, AGED 44 YEARS
WIFE OF SAJI GEORGE, HIGHER SECONDARY SCHOOL
TEACHER (BOTANY), CMS HIGHER SECONDARY SCHOOL,
KUZHIKKALA, PATHANAMTHITTA DISTRICT-689 644.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
II, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER
SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
THAMBAYATHIL BUILDINGS, NEAR RAILWAY STATION,
CHENGANNUR, ALAPPUZHA DISTRICT-689 121.
4 THE CORPORATE MANAGER,
CMS SCHOOLS, NORTON CLERGY HOME, KOTTAYAM-686
1001.
5 THE PRINCIPAL, CMS HIGHER SECONDARY SCHOOL,
KUZHIKKALA, PATHANAMTHITTA DISTRICT-689 644.
6 SMT. ELIZABETH MATHEW,
HIGH SCHOOL TEACHER (NATURAL SCIENCE), CMS
COLLEGE HIGHER SECONDARY SCHOOL, KOTTAYAM
DISTRICT-686 001.
7 SMT. MINI VARGHESE,
HIGH SCHOOL TEACHER (NATURAL SCIENCE), B H HIGHER
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W.P.(C). No. 40349 of 2022
SECONDARY SCHOOL, MAVELIKKARA, ALAPPUZHA
DISTRICT-690 101.
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 40349 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 40349 of 2022
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Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(i) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 3rd Respondent to grant
approval to Exhibit P-3 forthwith and disburse the
attendant benefits forthwith.
(ii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent to
consider and pass appropriate orders upon Exhibit P-10
after affording an opportunity of being heard to the
Petitioner within a time limit.
(iii) pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case." (sic)
2. The petitioner was the Guest Lecturer (Botany) in the
4th respondent School. Later, she was granted regular
appointment as Higher Secondary School Teacher Botany from
06.06.2019 onwards. It is the case of the petitioner that the
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W.P.(C). No. 40349 of 2022
regular appointment was preceded by advertisement of the post,
selection process etc. The proposal for approval to Ext.P3 was,
however, returned by the 3rd respondent citing trivial reasons, is
the submission. All the objections were answered and
resubmitted by the manager requesting for approval to Ext.P3 is
the submission. Yet it is not finally decided by the 3 rd respondent
is the grievance. Hence, this writ petition.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. When this writ petition came up for consideration on
05.01.2023 this Court passed the following order:
"It is submitted by the learned counsel appearing for the
petitioner that the proposal for approval of the petitioner
herein was forwarded by the Manager along with Ext.P3
covering letter on 30.5.2019, but no orders have been
passed. It is in the afore circumstances that the petitioner
had approached the 1st respondent and had preferred
Ext.P10.
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W.P.(C). No. 40349 of 2022
In response, it is submitted by the learned Government
Pleader that the proposal was returned in view of certain
defects noted in the proposal. It is submitted that the 3rd
respondent shall take a decision on the proposal without
delay.
In that view of the matter, as an interim measure, there
will be a direction to the 3 rd respondent to consider the
proposal submitted by the Manager for the approval of the
appointment of the petitioner and take a decision within a
period of six weeks.
Post on 6.2.2023."
5. Today, when the matter came up for consideration, the
Government Pleader submitted that the 3rd respondent, on
12.01.2023, returned the proposal stating that the manager has to
resubmit the same along with the details of vacancy to be filled
by the disabled persons. Now a Division Bench of this Court
considered the preference appointment of disabled persons in
aided schools in a detailed judgment in WA No.1445 of 2022. If
that be so, the manager can submit the proposal in tune with the
directions of the Division Bench of this Court in WA No.1445 of
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W.P.(C). No. 40349 of 2022
2022 and there can be a direction to the 3 rd respondent to consider
that proposal in accordance with law and also in the light of the
observation in the writ appeal judgment.
Therefore, this writ petition is disposed of in the following
manner:
1. The 4th respondent is directed to submit a proposal
for approval of the petitioner's appointment in tune
with the directions of the Division Bench in WA
No.1445 of 2022, as expeditiously as possible, at any
rate within one month from the date of receipt of a
stamped certified copy of this judgment.
2. Once such a proposal is received, the 3rd respondent
will consider and pass appropriate orders in it, in the
light of the directions in WA No.1445 of 2022, as
expeditiously as possible, at any rate within two
months from the date of receipt of the proposal.
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W.P.(C). No. 40349 of 2022
3. The petitioner will produce the stamped certified
copy of this judgment together with a copy of this writ
petition before the respondents 3 and 4 for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 40349 of 2022
APPENDIX OF WP(C) 40349/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. 33/2017
DATED 10.07.2017 OF THE CORPORATE
MANAGER.
Exhibit P2 TRUE COPY OF THE LETTER OF THE
CORPORATE MANAGER ADDRESSED. TO THE RDD
HSE, CHENGANNUR DATED 24.02.2020.
Exhibit P3 TRUE COPY OF THE LETTER NO. 15/2019
DATED 30.05.2019 OF THE MANAGER.
Exhibit P4 TRUE COPY OF THE ADVERTISEMENT IN
DEEPIKA DAILY DATED 18.09.2016.
Exhibit P5 TRUE COPY OF THE MINUTES OF THE
SELECTION COMMITTEE HELD ON 20.02.2019
TO 21.02.2019.
Exhibit P6 TRUE COPY OF THE LETTER ADDRESSED TO
THE RDD HSE, CHENGANNUR BY THE
CORPORATE MANAGER DATED 25.10.2019.
Exhibit P7 TRUE COPY OF THE LETTER ADDRESSED TO
THE RDD HSE CHENGANNUR BY THE CORPORATE
MANAGER DATED 20.12.2019.
Exhibit P8 TRUE COPY OF THE LETTER ADDRESSED TO
THE RDD HSE, CHENGANNUR DATED
08.06.2020 OF THE CORPORATE MANAGER.
Exhibit P9 TRUE COPY OF THE DECLARATION OF THE
MANAGER DATED 08.06.2020.
Exhibit P10 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DATED
17.11.2022.
