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The Manager (Fr. Dr. Johns Abraham ... vs The State Of Kerala
2024 Latest Caselaw 11687 Ker

Citation : 2024 Latest Caselaw 11687 Ker
Judgement Date : 25 April, 2024

Kerala High Court

The Manager (Fr. Dr. Johns Abraham ... vs The State Of Kerala on 25 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
                        WP(C) NO. 16476 OF 2024
PETITIONER/S:

          THE MANAGER (FR. DR. JOHNS ABRAHAM KONAT)
          AGED 66 YEARS
          SON OF FR. DR. JOHNS ABRAHAM KONAT, MAR THEMOTHIOSE
          MEMORIAL HIGHER SECONDARY SCHOOL, PAMPAKUDA, ERNAKULAM
          DISTRICT, PIN - 686667
          BY ADV V.A.MUHAMMED


RESPONDENT/S:

    1     THE 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
          (HIGHER SECONDARY EDUCATION WING), HOUSING BOARD
          BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN -
          695001
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          S R V SCHOOL BUILDINGS, ERNAKULAM DISTRICT, PIN -
          682016
    4     SMT. ANUMOL T. JOY
          PRINCIPAL, MAR THEMOTHIOSE MEMORIAL HIGHER SECONDARY
          SCHOOL, PAMPAKUDA, ERNAKULAM DISTRICT, PIN - 686667
    5     SRI. SIVANKUTTAN NAIR K N
          HIGHER SECONDARY SCHOOL TEACHER, MAR THEMOTHIOSE
          MEMORIAL HIGHER SECONDARY SCHOOL, PAMPAKUDA, ERNAKULAM
          DISTRICT, PIN - 686667
OTHER PRESENT:

          GP - SRI. K. M. FAIZAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.16476/2024                   2


                         ZIYAD RAHMAN A.A., J.
                      -------------------------------
                        WP(C) No. 16476 of 2024
                   --------------------------------------
                  Dated this the 25th day of April, 2024

                               JUDGMENT

The petitioner, the Manager of Mar Themothiose Memorial Higher

Secondary School, Pampakuda has approached this Court being

aggrieved by Exhibits P1 and P4 orders rejecting the approval of the

appointment of 4th respondent as the Principal. In the impugned order,

the 5th respondent was directed to be appointed as Principal. Being

aggrieved by the same, the petitioner submitted Ext. P7 Revision

Petition before the 1st respondent and along with the same Ext.P7(a)

stay petition was also submitted.

2. Considering the fact that, the Revision Petition and the Stay

petition are pending consideration before the 1 st respondent, it is only

proper that, a decision thereon be taken by the 1 st respondent within

a time frame.

In such circumstances, this Writ Petition is disposed of with a

direction to the 1st respondent to take up Ext.P7(a) stay petition and

pass orders thereon in accordance with law within a period of two

weeks from the date of receipt of copy of this judgment. Exhibit P7

Revision Petition shall also be disposed of within four months from the

date of receipt of copy of this judgment after hearing the petitioner as

well as 4th and 5th respondents.

Sd/-

ZIYAD RAHMAN A.A., JUDGE pkk

APPENDIX OF WP(C) 16476/2024

PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. RDDHSE/ EKM/3119/2023-A4 DATED 03.08.2023 ISSUED BY THE RDD HSE, ERNAKULAM Exhibit P-2 TRUE COPY OF THE APPEAL PETITION DATED 04- 08-2023 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.A. NO.

1635/2023 DATED 29.09.2023 Exhibit P-4 TRUE COPY OF THE ORDER NO. HSE/9554/2023- ACD.A1 DATED 16.04.2024 OF THE 2ND RESPONDENT Exhibit P-5 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

20673/2020 DATED 14.10.2020 Exhibit P-6 TRUE COPY OF THE ARGUMENT NOTES DATED 05.11.2023 Exhibit P-7 TRUE COPY OF THE REVISION PETITION DATED 19.04.2024 BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P-7 (a) TRUE COPY OF THE STAY PETITION FILED ALONG WITH THE REVISION PETITION DATED 19.04.2024

 
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