K.P. Abdurahiman vs The State Of Kerala
2024 Latest Caselaw 10981 Ker

Kerala High Court

K.P. Abdurahiman vs The State Of Kerala on 12 April, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                   WP(C) NO. 15629 OF 2024
PETITIONER/S:

         K.P. ABDURAHIMAN
         AGED 50 YEARS
         S/O MUHAMMED, HEADMASTER, K P MAYAN SAHIB MEMORIAL
         HSS, ARIKULAM, KOYILANDY, KOZHIKODE- 673 620
         (RESIDING AT KUZHIPPARAPPIL, IRINGATH,
         PAYYOLI ANGADI ,KOZHIKODE, PIN - 673 523).
         BY ADVS.

         V.A.MUHAMMED
         M.SAJJAD


RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY
          TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS,
          SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695 001.

    3     THE REGIONAL DEPUTY DIRECTOR
          OF HIGHER SECONDARY EDUCATION
          KOZHIKODE, PIN - 673 001.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE, PIN - 673 104.

    5     THE MANAGER,
          KPMSM HSS, ARIKULAM, KOYILANDY,
          KOZHIKODE, PIN - 673 620.
 W.P.(C) No.15629 OF 2024

                                    2

     6       SRI. SHAFEEQ ALI,
             HSST (ECONOMICS ), KPMSM HSS, ARIKULAM,
             KOYILANDY, KOZHIKODE, PIN - 673 620.

     7       SMT. A.M. REKHA,
             HSST (ENGLISH ), KPMSM HSS, ARIKULAM,
             KOYILANDY, KOZHIKODE, PIN - 673 620.


OTHER PRESENT:

             ADV SHRI NISHA BOSE-GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.04.2024,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.15629 OF 2024

                                  3

                            JUDGMENT

The petitioner, is now working in the School managed by

the 5th respondent. Considering his qualification, the 5 th

respondent appointed the petitioner as HSST. However, the

approval of the same is declined by the Educational

Authorities. Being aggrieved by the same, the petitioner

submitted Ext.P21 revision petition before the 1 st respondent

which is now pending consideration.

2. After hearing the learned counsel for the petitioner

and the learned Government Pleader, this writ petition is

disposed of directing the 1 st respondent to take up Ext.P21

and to pass appropriate orders thereon in accordance with

law, after hearing the petitioner as well as respondents 5 to

11. A decision in this regard shall be taken within a period

four months from the date of receipt of a copy of this

judgment.

Sd/-

ZIYAD RAHMAN A. A., JUDGE S.M.K. W.P.(C) No.15629 OF 2024

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPROVAL ORDER NO.B2/45971/2023 DATED 18.10.2023 ISSUED BY DEO, VADAKARA

Exhibit P-2 TRUE COPY OF THE CERTIFICATE OF MASTER OF ARTS DATED 11.02.2011 ISSUED BY MADURAI KAMARAJ UNIVERSITY

Exhibit P-3 TRUE COPY OF THE DECISION REPORTED IN 2005 KHC 19 = 2005 (1) KLT 94 DATED 04.11.2004 (AIDED HIGHER SECONDARY SCHOOL TEACHERS ASSOCIATION V. STATE OF KERALA)

Exhibit P-4 TRUE COPY OF THE ORDER NO.

RDDHSE/KKD/4126/2023-CLK (A3) DATED 20.10.2023

Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DATED 26.02.2016 (JAYARAJ V.P AND ANOTHER V. STATE OF KERALA AND OTHERS)

Exhibit P-6 TRUE COPY OF THE G.O. (MS.) NO.

290/2006/G.EDN. DATED 02.12.2006

Exhibit P-7 TRUE COPY OF G.O.(RT.)NO.5014/2019/G.EDN.

DATED 21.11.2019

Exhibit P-8 TRUE COPY OF G.O. (RT.) NO. 1260/2019/GEDN DATED 01.04.2019

Exhibit P-9 TRUE COPY OF G.O. (RT.) NO. 1992/2020/G.EDN.

DATED 16.06.2020

Exhibit P-10 TRUE COPY OF G.O. (RT.) NO. 2913/2021/G.EDN.

DATED 02.06.2021

Exhibit P-11 TRUE COPY OF G.O. (RT.) NO. 5829/2021/G.EDN.

DATED 13.12.2021 W.P.(C) No.15629 OF 2024

Exhibit P-12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 25.11.2023

Exhibit P-13 TRUE COPY OF G.O.(RT).NO.440/2023/G.EDN DATED 18.01.2023

Exhibit P-14 TRUE COPY OF JUDGMENT IN WA NO. 588/2023 DATED 22.03.2023

Exhibit P-15 TRUE COPY OF JUDGMENT IN WP(C) NO. 20757/2022 DATED 10.01.2023

Exhibit P-16 TRUE COPY OF JUDGMENT IN WP(C) NO. 2255/2023 DATED 13.03.2023

Exhibit P-17 TRUE COPY OF DECISION REPORTED IN 2007(1) KHC 1027 =2007 (2) KLT 622 (DB) DATED 12.01.2007 (MANAGER, KARIMPUZHA HIGHER SECONDARY SCHOOL V. STATE OF KERALA AND OTHERS)

Exhibit P-18 TRUE COPY OF THE JUDGMENT IN WP(C) NO.41800/2023 DATED 13.12.2023

Exhibit P-19 TRUE COPY OF THE ORDER OF THE RDD HSE VIDE NO.RDDHSE/KKD/307/2024-CLK(A3) DATED 27.02.2024

Exhibit P-20 TRUE COPY OF THE JUDGMENT IN WP(C).NO.21147/2023 DATED 26.03.2024

Exhibit P-21 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.03.2024