Divya M vs The State Of Kerala
2024 Latest Caselaw 18892 Ker

Kerala High Court

Divya M vs The State Of Kerala on 28 June, 2024

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                  WP(C) NO. 23231 OF 2024
PETITIONER(S):

         DIVYA M
         AGED 38 YEARS
         W/O RAKESH LG URUDU, THODANNUR UPS,
         THODANNUR P.O, KOZHIKODE DISTRICT - 673 541
         (RESIDING AT EDATHUMPOIL, PORT MANDHARATHUR
         VIA PUTHUPPANAM VADAGARA), PIN - 673101
         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 ANNEX II, THIRUVANANTHAPURAM,
         PIN - 695001
    2    THE DIRECTOR OF GENERAL EDUCATION
         JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
    3    THE ASSISTANT EDUCATIONAL OFFICER
         THODANNUR, KOZHIKODE DISTRICT, PIN - 673541
    4    THE DISTRICT EDUCATIONAL OFFICER
         VADAKARA, KOZHIKODE DISTRICT, PIN - 673104
    5    THE MANAGER
         THODANNUR UPS, THODANNUR, KOZHIKODE
         DISTRICT, PIN - 673541
    6    THE HEADMASTER
         THODANNUR UPS, THODANNUR, KOZHIKODE
         DISTRICT, PIN - 673541
 WP(C) NO. 23231 OF 2024    2


OTHER PRESENT:

            ADV PREMCHAND R NAIR-SC


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 23231 OF 2024         3




                          JUDGMENT

The petitioner has approached this Court, being

aggrieved by the denial of approval of the appointment of

the petitioner as the Headmistress of an Aided School

managed by the 5th respondent. Challenging the orders

declining the approval, the petitioner submitted Ext.P-12

Revision Petition, which is now pending before the 1 st

respondent. The limited prayer sought by the petitioner is

to direct the 1st respondent to pass orders thereon within a

time frame.

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.

P-12 Revision Petition and pass appropriate orders

thereon in accordance with law after hearing the

petitioner and the 5th respondent. The orders in this

regard shall be passed taking into account the timeline

and priorities prescribed in G.O(MS)No. 54/2024, GEDN.

dated 1.06.2024. It is further directed that while taking

a decision, the 1st respondent shall advert to Ext. P3 to

P11.

Sd/-

ZIYAD RAHMAN A.A. JUDGE

mus

APPENDIX OF WP(C) 23231/2024

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2022 Exhibit P-2 TRUE COPY OF THE LETTER OF THE ASSISTANT EDUCATIONAL OFFICER, THODANNUR ADDRESSING THE MANAGER VIDE NO.B/2840/2022/L.DIS DATED 06.08.2022 Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 26695/2023 DATED 13.09.2023 Exhibit P-4 TRUE COPY OF G.O.(RT).NO.7626/2023/GEDN DATED 29.11.2023 Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 444 DATED 11.09.1997 (PADMANABHAN NAMBIAR V. GOVERNMENT OF KERALA) Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 DATED 21.12.2001 (MANAGER, ST.MARY'S H.S V.BEJI ABRAHAM) Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN 2007 (1) KLT 127 DATED 20.10.2006 (G.SOMANATHA PILLAI V.STATE OF KERALA AND OTHERS) Exhibit P-8 TRUE COPY OF THE G.O.(RT) NO.95/2019/G.EDN DATED 10.01.2019 Exhibit P-9 TRUE COPY OF THE G.O. (RT)NO.1818/2019/G.EDN DATED 21.05.2019 Exhibit P-10 TRUE COPY OF THE G.O. (RT)NO.4503/2019/G.EDN DATED 29.10.2019 Exhibit P-11 TRUE COPY OF THE G.O.

(RT)NO.5048/2019 DATED 23.11.2019 Exhibit P-12 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 19.06.2024