Kerala High Court
Binu E.R vs State Of Kerala on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18351 OF 2024
PETITIONER/S:
BINU E.R.,AGED 49 YEARS,H.S.S.T. POLITICAL SCIENCE
SREE NARAYANA HIGHER SECONDARY SCHOOL,
AYYAPPANKAVU, KOCHI - 18. RESIDING AT C.C. 31/846
B, 'DEVADHEYAM', KOTTARAM ROAD, VADUTHALA.P.O.,
KOCHI, PIN - 682023
BY ADVS.
K.R.GANESH
ELVIN PETER P.J. (SR.)
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695121
3 THE REGIONAL DEPUTY DIRECTOR,HIGHER SECONDARY
EDUCATION, ERNAKULAM, PIN - 682024
4 THE MANAGER,SREE NARAYANA HIGHER SECONDARY SCHOOL,
AYYAPPANKAVU, KOCHI, PIN - 682018
5 GINCY.T.J.,PRINCIPAL, SREE NARAYANA HIGHER
SECONDARY SCHOOL, AYYAPPANKAVU, KOCHI, PIN -
682018
ADV. PREMCHAND R NAIR-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 18351 of 2024
2
JUDGMENT
The petitioner, has approached this Court being aggrieved by
the denial of his appointment as the Principal of the school
managed by the 4th respondent. It is the specific case of the
petitioner that, the 5th respondent who was appointed as the
Principal and is now continuing in the said post, is not qualified for
continuing in the said post, in view of the fact that, she could not
obtain the test qualification even though the appointment was
made on 01.04.2020. It is the case of the petitioner that, the 5 th
respondent should have secured the test qualification within a
period of two years, which was the probation period. The claim
for the appointment as the Principal was raised by the petitioner in
such circumstances. By highlighting the above aspects, the
petitioner submitted Ext.P7 representation before the 3rd
respondent on 26.02.2024. This Writ Petition is submitted by the
petitioner in such circumstances. The limited prayer sought by
the petitioner isw to direct the 3rd respondent to consider Ext.P7
representation 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 3rd respondent shall
take up Ext.P7 representation and orders thereon shall be passed
after hearing the petitioner, the 4th respondent-Manager and the
5th respondent. The orders in this regard shall be passed within a
period one month from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 18351/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
17.02.1999 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
ACD.A1/20165/HSST/2001 DATED 02.06.2003
ISSUED BY THE 2ND RESPONDENT APPROVING
THE APPOINTMENT OF THE PETITIONER AS HSST
(POLITICAL SCIENCE) WITH EFFECT FROM
15.07.1999.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION TO
THE PETITIONER FOR PASSING ACCOUNT TEST
FOR EXECUTIVE OFFICERS DATED 03.02.2024.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION TO
THE PETITIONER FOR PASSING KERALA
EDUCATION ACT AND RULES TEST DATED
03.02.2024.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.
B1/5306/2020/RDD/EKM DATED 02.12.2020
ISSUED BY THE 3RD RESPONDENT .
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
29.01.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
26.02.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT REGIONAL DEPUTY
DIRECTOR.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
04.03.2024 FILED BY ADVOCATE SRI. NIKHIL
NARENDRAN, UNDER THE RIGHT TO INFORMATION
ACT BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPLY DATED 20.03.2024
ISSUED BY THE 3RD RESPONDENT TO EXT.P8
APPLICATION.
