Kerala High Court
Manager ( Habeebul Rahman) vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14624 OF 2024
PETITIONER:
MANAGER ( HABEEBUL RAHMAN)
AGED 65 YEARS
MJ HIGHER SECONDARY SCHOOL, ELETTIL, KODUVALLY- 673572
(RESIDING AT AMINA MANZIL, ELETTIL, KODUVALLY),
PIN - 673572
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER
THAMARASSERY, KOZHIKODE, PIN - 673573
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14624 OF 2024
2
JUDGMENT
The petitioner, who is the Manager of MJ Higher Secondary
School, Elettil, has approached this Court seeking the following
reliefs:
"(i) Call for Exhibit P-2 and P-4 and set aside the
same to the extent it failed to reckon 71 class
room accommodation on the strength of
Exhibit P-1 and sanction the admissible
Divisions and Posts for the academic year
2023-24 by the issue or a writ of certiorari or
other appropriate writ, order or direction
(ii) Issue a writ of mandamus or other appropriate
writ order or direction, commanding the
Respondents 1 and 4 to reckon 71 class room
accommodation in the School and sanction
corresponding teaching posts and Divisions
during the academic year 2023-24.
(iii) Direct the 1st Respondent to take a decision on
Exhibit P-5 with notice to the Petitioner and
within a time limit.
(iv) to dispense with filing of English translation of
vernacular documents produced along with the
Writ Petition.
v) pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant
in the circumstances of the case."
The grievance of the petitioner is that, even though the Assistant
Engineer, LSGD, Kizhakkoth Grama Panchayath has issued a
fitness certificate to the School, for 71 class rooms, The District
WP(C) NO. 14624 OF 2024
Educational Officer sanctioned only 52 divisions. It is also pointed
out that, 73 class divisions are admissible going by the students
strength in the said school. In such circumstances, being aggrieved
by Ext.P2 staff fixation order, the petitioner submitted Ext.P5
review petition, which is now pending before the 1st respondent.
The limited prayer sought by the petitioner is for a direction for
expeditious disposal of the same.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, this writ petition is disposed of
directing the 1st respondent to take up Ext.P5 and to pass
appropriate orders thereon in accordance with law after hearing the
petitioner, within a period of four months from the date of receipt of
a copy of this judgment after hearing he petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 14624 OF 2024
APPENDIX OF WP(C) 14624/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2023
Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS. A1/59949/2023 DATED
21.08.2023
Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM
DATED 31.08.2023 BY THE MANAGER TO THE
DEPUTY DIRECTOR OF EDUCATION
Exhibit P4 TRUE COPY OF THE ORDER NO.
B1/61533/2024 DATED 12.02.2024 OF THE
DEPUTY DIRECTOR OF EDUCATION
Exhibit P5 TRUE COPY OF THE REVIEW PETITION DATED
11.03.2024 BEFORE THE GOVERNMENT
