Kerala High Court
Abeer vs Assistant Education Officer on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 36920 OF 2023
PETITIONER:
ABEER
AGED 28 YEARS
LPST, VARISSIAKKUNI MLPS,
VALLIKKAD, MUTTUNGAL,
KOZHIKODE, PIN - 673 106
BY ADVS.
AUGUSTINE JOSEPH
TONY AUGUSTINE
RESPONDENTS:
1 ASSISTANT EDUCATION OFFICER
CHOMBALA, AZHIYOOR,
KOZHIKODE, PIN - 673 601
2 MANAGER
VARISSIAKKUNI MLPS, VALLIKKAD,
MUTTUNGAL, KOZHIKODE, PIN - 673 106
SMT. NISHA BOSE. SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36920 OF 2023
2
T.R.RAVI.J
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WP(C) No.36920 of 2023
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Dated this the 08th day of November, 2023
JUDGMENT
Admit. Government Pleader takes notice for the 1 st
respondent. In view of the order that is proposed to be
issued, notice to the 2nd respondent is dispensed with.
2. The issue involved is no longer res-integra. In Ext.P4
judgment by a Division Bench and in Ext.P8 judgment, this
Court has already found that persons similar to the petitioner
are entitled to the relief of appointment and approval.
Paragraph No.3 of Ext.P8 is extracted hereunder;
"3. The facts are not disputed. The issue is also no
longer res integra. A Division Bench of this Court has in
the judgment in WA No.162 of 2020 filed by the State
considered the question whether such a stipulation can
be made without amendment of the statutory rules.
This Court found that though it may be within the
WP(C) NO. 36920 OF 2023
power of the Government to insist on the formal
education in Malayalam in an institution where the
medium of instruction is Malayalam, such an insistence
shall also be supported by amendment of the statutory
rules. The Court found that such an amendment was
not made even though the Government order which
stipulated such a condition was dated 19.03.2002. A
learned Single Judge of this Court has considered the
judgment in WA No.162 of 2020 in the judgment in
WP(C) No.30164 of 2014 and held that the Court
cannot find favour with the stand of the Government
that the appointment cannot be approved from the
date of the initial appointment merely because the
petitioner therein had not been formally trained in
Malayalam. The counsel for the petitioner also points
out that the Government has issued an order on
22.05.2018, wherein the Government has ordered that
even if a person has not studied Malayalam in the
secondary and higher secondary stage, if Malayalam
was studied as language during Degree/ Post
Graduation/ Teachers training courses, it can be
considered as eligibility for appointment as
LPST/UPST."
WP(C) NO. 36920 OF 2023
3. In the result, the writ petition is allowed. There will
be a direction to the 1st respondent to consider and
provisionally approve the appointment of the petitioner with
effect from 15.07.2021 in the light of Exts.P7 and P8 within
two months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 36920 OF 2023
APPENDIX OF WP(C) 36920/2023
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
15.7.2021 OF THE PETITIONER.
Exhibit-P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
2ND RESPONDENT ALONG WITH THE DOCUMENTS FOR
THE APPROVAL OF APPOINTMENT OF THE PETITIONER
THROUGH THE SOFTWARE SAMANWAYA DATED NIL.
Exhibit-P3 TRUE COPY OF THE JUDGMENT IN W.A.NO.162/2020
DATED 24.6.2020.
Exhibit-P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.135/2017
DATED 7.8.2017.
Exhibit-P5 TRUE COPY OF THE ORDER IN G.O.
(MS).NO.67/2018/ G.EDN DATED 22.5.2018.
Exhibit-P6 TRUE COPY OF THE ORDER IN G.O.
(MS).NO.19/2023/ G.EDN DATED 24.2.2023.
Exhibit-P7 TRUE COPY OF THE ORDER IN G.O.(MS).
NO.87/2023/G.EDN DATED 28.6.2023
Exhibit-P8 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.24793/2021 DATED 13.9.2023.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
