Anusree S vs The Deputy Director Of Education
2024 Latest Caselaw 12645 Ker

Kerala High Court

Anusree S vs The Deputy Director Of Education on 21 May, 2024

WP(C) No.11519/2024                       1/4

                        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. 11519 OF 2024(L)
   PETITIONER:

          ANUSREE S, AGED 29 YEARS, W/O. DEEKSHITH, HST(MATHS), PALORA HIGHER
          SECONDARY SCHOOL, ULLIYERI, KOZHIKODE DISTRICT, PIN - 673323

   RESPONDENTS:

      1. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF
         EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT, PIN - 673001
      2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL
         OFFICER, THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 2nd respondent to provisionally approve the
   appointment of the petitioner as HST(Mathematics) in Palora Higher
   Secondary School with effect from 21.10.2021 with all consequential
   benefits, pending disposal of the above writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.R.K.MURALEEDHARAN, ATHIRA A.MENON, AJMAL AHMED R., HARISANKAR.K.V.
   Advocates for the petitioner the court passed the following:
 WP(C) No.11519/2024                           2/4




                                 ZIYAD RAHMAN A.A., J.
                                 ---------------------
                                   W.P.C No. 11519 of 2024
                              ---------------------------
                               Dated this the 21st day of May, 2024

                                            ORDER

The learned Government Pleader seeks further time to file

counter affidavit.

2. It is the specific case advanced by the learned counsel

for the petitioner is that, the main reason on which the approval of

appointment of the petitioner denied was that, the appointment

was made by the Manager, whose appointment is under challenge

before this Court. Yet another reason was that the petitioner was

not having K.TET qualification as on the date of occurrence of

vacancy.

3. However, it is discernible from Ext.P4 that she obtained

the said qualification on 20.10.2021. In such circumstances, I am

of the view that, an interim order can be passed in this case,

directing the 2nd respondent to provisionally approve the

appointment of the petitioner, in the scale of pay, with effect from

the date on which she acquired the qualification, namely

20.10.2021. While passing this order I have taken note of the

observation made by the Division Bench in Ext.P6 judgment, with

reference to the objection as to the failure of the management to

fill up the vacancies of physically handicapped persons. Orders

shall be passed in this regard within a period of one month from

today.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

21-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 11519/2024 Exhibit-P4 TRUE COPY OF THE K.TET - III CERTIFICATE OF THE PETITIONER DATED 16.12.2021 Exhibit-P6 TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT IN WA NO. 1445/2022 DATED 13.03.2023

21-05-2024 /True Copy/ Assistant Registrar