Saumya P vs State Of Kerala
2024 Latest Caselaw 12947 Ker

Kerala High Court

Saumya P 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. 18329 OF 2024
PETITIONER/S:
          SAUMYA P
          AGED 36 YEARS
          W/O. GIREESH K, LPST, MELUR L.P.SCHOOL, MELUR
          POST, KOYILANDY, KOZHIKODE DISTRICT, PIN - 673306

            BY ADVS.
            POOVAMULLE PARAMBIL ABDULKAREEM
            K.N.KUMARASWAMY SARMA


RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2      DIRECTOR OF GENERAL EDUCATION
             OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

      3      DISTRICT EDUCATIONAL OFFICER
             OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
             VATAKARA, KOZHIKODE DISTRICT, PIN - 673104

      4      ASSISTANT EDUCATIONAL OFFICER
             OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
             KOYILANDI, KOZHIKODE DISTRICT, PIN - 673305

      5      MANAGER
             MELUR L.P.SCHOOL, MELUR POST, KOYILANDY, KOZHIKODE
             DISTRICT, PIN - 673306



            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. 18329 of 2024

                                  2

                              JUDGMENT

The petitioner, who was appointed as LPST in Melur LP

School with effect from 15.07.2021, was denied the approval by

the authorities concerned on the reason that she lacked K.Tet

qualification and also that school was un-economical. The

statutory remedies availed by him did not yield any positive

results for the petitioner.

2. However, subsequently the petitioner became qualified

as he obtained K.Tet qualification and the school in which the

appointment was made, also became economical. In the light of

subsequent developments, the appointment of the petitioner is to

be approved, contends the learned counsel for the petitioner. It

was also pointed out that highlighting the said aspects, the

petitioner submitted Ext.P6 revision petition, which is now pending

before the 1st respondent. The limited prayer sought by the

petitioner is to direct the 1st respondent to take a decision 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 1 st respondent shall

take up Ext.P6, and appropriate orders shall be passed thereon

after hearing the petitioner and the 5th respondent, Manager.

While taking a decision, documents relied on by the petitioner to

substantiate his qualification are also to be taken into account.

The orders in this regard shall be passed within a period of four

months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 18329/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/07/2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO. F/15129/2021 DATED 02/09/2021 ISSUED BY THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO.

B5/195345/2021 DATED 05/09/2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE REVISION DATED 07/10/2022 SUBMITTED BY THE 5TH RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER NO.

G2/240916/2023 DATED 03/05/2024

Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 07/05/2024 SUBMITTED BY THE PETITIONER

Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS. F/47225/2022 DATED 20/08/2022 ISSUED BY THE 4TH RESPONDENT

Exhibit P8 TRUE COPY OF THE K-TET CERTIFICATE DATED 01/06/2022 ISSUED BY THE GENERAL EDUCATION DEPARTMENT

Exhibit P9 TRUE COPY G.O(MS)NO.179/2021/GEDN DATED 18/08/2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P10 TRUE COPY OF THE LETTER NO. JR 1/502/2023-GED DATED 24/01/2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P11 TRUE COPY OF THE CIRCULAR NO. DGE/15133-

2023(2)-H2 DATED 03/02/2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P12 TRUE COPY OF THE CLARIFICATION LETTER NO. JR1/502/2023/GEDN DATED 06/05/2024 ISSUED BY THE 1ST RESPONDENT