Kerala High Court
Mallika K vs State Of Kerala on 21 May, 2024
WPC.No.18049/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO.18049 OF 2024
PETITIONER:
MALLIKA K.,
AGED 51 YEARS,
W/O.RADHAKRISHNAN T., HEADMISTRESS, HEMAMBIKA
SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD
DISTRICT, PIN-678 009, RESIDING AT 'AMBADI',
BLOCK C2, HILL VIEW NAGAR, PUDUPPARIYARAM,
PALAKKAD DISTRICT, PIN - 678 731.
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION (PUBLIC
INSTRUCTION), VAZHUTHACAUD, POOJAPPURA ROAD,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD DISTRICT, PIN - 678 001.
4 THE DISTRICT EDUCATIONAL OFFICER PALAKKAD,
DISTRICT EDUCATIONAL OFFICE, MUNICIPAL COMPLEX,
ROBINSON ROAD, OPPOSITE GOVERNMENT HOSPITAL,
SANTHI NAGAR, SULTANPET, PALAKKAD DISTRICT,
PIN - 678 014.
WPC.No.18049/24 2
5 THE MANAGER,
HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA,
KALLEKULANGARA P.O, PALAKKAD DISTRICT, PIN - 678
009.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.No.18049/24 3
JUDGMENT
The petitioner, being aggrieved by the non approval of her
appointment as Headmistress in Hemambika Sanskrit High
School, Kallekulangara, has approached this Court seeking the
following reliefs:
I. Issue a writ of mandamus commanding the
third respondent to consider Ext.P4, statutory
appeal along with Exhibit-P3 and pass
appropriate orders thereon after hearing the
petitioner within a timeframe;
II. Declare that the appointment of the
petitioner as headmistress in the Hemambika
Sanskrit High School, Kallekulangara, Palakkad
is liable to be approved with effect from the date
of Exhibit-P1;
III. To dispense with the translated copies of the
documents in vernacular language; and
IV. Pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant
in the circumstances of the case.
2. The petitioner has already highlighted her grievance
by submitting Ext.P4 appeal, which is now pending before the
3rd respondent. Main prayer sought by the petitioner is for a
direction to consider and pass appropriate orders thereon
within a time frame.
After hearing the learned counsel for the petitioner and
the learned Government Pleader, I am inclined to dispose of this
writ petition. Accordingly, it is ordered that the 3 rd respondent
shall take up Ext.P4 and appropriate orders shall be passed
thereon after hearing the petitioner, the 5 th respondent
Manager and the affected parties if any. While taking a
decision in this regard, Ext.P3 shall also be taken into account.
The petitioner shall produce a copy of this writ petition or such
other documents at the time of hearing before the 3 rd
respondent. Orders in this regard shall be passed within a
period of one month from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.5.24
APPENDIX OF WP(C) 18049/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 11.07.2023 ISSUED BY THE FIFTH
RESPONDENT.
Exhibit-P2 A TRUE COPY OF ORDER
NO.B1/50391/2023/K.DIS. OF THE FOURTH
RESPONDENT DATED 24.03.2024 REFUSING TO
APPROVE THE PETITIONER'S APPOINTMENT BY
EXHIBIT-P1.
Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
ATTENDANCE REGISTER OF CLASS VIII OF THE
SCHOOL IN THE MONTH OF MARCH 2024.
Exhibit-P4 A TRUE COPY OF THE APPEAL ID NO.450264
DATED 26.03.2024 FILED BY THE FIFTH
RESPONDENT AGAINST EXHIBIT-P2 ORDER.
