Citation : 2024 Latest Caselaw 11687 Ker
Judgement Date : 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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