Citation : 2024 Latest Caselaw 8868 Ker
Judgement Date : 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12313 OF 2024
PETITIONER/S:
THE MANAGER, (MOIDU HAJI), SANTHINIKETHAN HSS,
THIRUVALLUR,
AGED 60 YEARS
S/O MOOSA, SANTHINIKETHAN HSS, THIRUVALLUR, VADAKARA,
KOZHIKODE (RESIDING AT CHUNDAYIL HOUSE, P.O KOTTAPPALLY
, VADAKARA, KOZHIKODE 673541), PIN - 673541
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
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 THE DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA, KOZHIKODE, PIN - 673002
4 THE DISTRICT EDUCATIONAL OFFICER,
VADAKARA, KOZHIKODE, PIN - 673101
5 THE PRINCIPAL,
SANTHINIKETHAN HSS, THIRUVALLUR, VADAKARA, KOZHIKODE,
PIN - 673541
OTHER PRESENT:
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.C No.. 12313 OF 2024
JUDGMENT
The petitioner is the Manager of a school and this writ
petition has been submitted by him being aggrieved by the lack of
approval of 46 appointments/promotions affected in the school on
the reason of delay in submitting the fitness certificate. The
question of fitness certificate was considered by the Government
and Ext.P2 order was passed permitting the notional approval of
the appointment for the period from 2016-2017 to 2019-2020 and
regular approval on 2020 onwards. In the light of Ext.P2, Ext.P8
proposal has been submitted by the petitioner which is now
pending before the 4th respondent. The limited prayer sought by
the petitioner is a direction for expeditious consideration of Ext.P8.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am of the view that, the writ
petition can be disposed of considering the limited prayer sought
as above. Accordingly, it is ordered that, the 4th respondent shall
consider Ext.P8 and appropriate orders thereon shall be passed,
as expeditiously as possible, at any rate, within a period of two
months from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk
W.P.C No.. 12313 OF 2024 APPENDIX OF WP(C) 12313/2024
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
15913/2021 DATED 16.03.2022 Exhibit P-2 TRUE COPY OF THE GOVERNMENT LETTER NO.
L2/73/2022/G.EDN DATED 07.08.2023 Exhibit P-3 TRUE COPY OF THE DECISION REPORTED IN 2022 (4) KLT 426 DATED 03.08.2020 (RESHMI NAIR V. STATE OF KERALA) Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2016-2017 VIDE ORDER NO.D.DIS. DEOVKA/2019/2023-B3 DATED 10.11.2023 Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2017-2018 VIDE ORDER NO. DEOVKA/2020/2023-B1 DATED 10.11.2023 Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2018-2019 VIDE ORDER NO. DEOVKA/2018/2023-B3 DATED 27.11.2023 Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2019-2020 VIDE ORDER NO. D.DIS. B3/52508/2019 DATED 06.01.2024 Exhibit P-8 TRUE COPY OF THE ORDER NO. M-(R) 01/2024 DATED 15.01.2024
W.P.C No.. 12313 OF 2024 APPENDIX OF WP(C) 12313/2024
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
15913/2021 DATED 16.03.2022 Exhibit P-2 TRUE COPY OF THE GOVERNMENT LETTER NO.
L2/73/2022/G.EDN DATED 07.08.2023 Exhibit P-3 TRUE COPY OF THE DECISION REPORTED IN 2022 (4) KLT 426 DATED 03.08.2020 (RESHMI NAIR V. STATE OF KERALA) Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2016-2017 VIDE ORDER NO.D.DIS. DEOVKA/2019/2023-B3 DATED 10.11.2023 Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2017-2018 VIDE ORDER NO. DEOVKA/2020/2023-B1 DATED 10.11.2023 Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2018-2019 VIDE ORDER NO. DEOVKA/2018/2023-B3 DATED 27.11.2023 Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2019-2020 VIDE ORDER NO. D.DIS. B3/52508/2019 DATED 06.01.2024 Exhibit P-8 TRUE COPY OF THE ORDER NO. M-(R) 01/2024 DATED 15.01.2024
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