Kerala High Court
Jessinamma Jose vs The State Of Kerala on 23 May, 2024
WPC.No.18534/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18534 OF 2024
PETITIONER:
JESSINAMMA JOSE,
AGED 38 YEARS,
WIFE OF MATHEW XAVIER, L.G. HINDI TEACHER, LITTLE
FLOWER HIGH SCHOOL, KAVALAM, ALAPPUZHA DISTRICT
(RESIDING AT KAKKANADU, CHENNAMKARY P O,
ALAPPUAZHA DISTRICT-688 501), PIN - 688 506.
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL, EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
II, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL LINES, ALAPPUZHA DISTRICT, PIN - 688 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
KUTTANADU @ RAMANKARY, ALAPPUZHA DISTRICT,
PIN - 689 595.
WPC.No.18534/24 2
5 THE CORPORATE MANAGER,
CORPORATE MANAGEMENT OF SCHOOLS ARCH DIOCESE OF
CHANGANACHERRY, CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686 101.
SMT.NISHA BOSE - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.18534/24 3
JUDGMENT
The petitioner, who is working as a Part Time Language
Teacher, Hindi in the school managed by the 5 th respondent, has
approached this Court seeking the following reliefs:
"(i) Call for the records relating to Exhibit-P4 order of
the DEO, Exhibit P5 order of the DDE and Exhibit P6
order of the DGE and set aside the originals of the same
by the issue of a writ of certiorari or other appropriate
writ or order.
(ii) Declare that the petitioner is entitled to get
approval to Exhibit P3 appointment of the petitioner as
Full Time L.G.Hindi Teacher from 15.07.2021 onwards.
(iii) Issue a writ of mandamus or other appropriate
writ, order or direction commanding the 4 th respondent
DEO, Kuttanad to grant approval to the appointment of
the petitioner as Full Time L.G Hindi Teacher from
15.07.2021 onwards forthwith.
(iv) Issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1st respondent
to effectively consider and pass orders upon Exhibit P13
Revision petition after hearing the petitioner within a
time frame.
(v) Dispense with filing of English translation of
vernacular documents produced along with the writ
petition.
(vi) 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. Grievance of the petitioner is that, considering the
approved service as Part Time Language Hindi Teacher, she is
entitled to be approved as Full Time Language Hindi Teacher.
But the same was rejected by the authorities concerned as per
Exts.P4, P5 and P6 orders. Aggrieved by the same, petitioner
submitted Ext.P13 revision petition, which is now pending
consideration before the 1st respondent.
3. Limited prayer sought by the petitioner is for a
direction to the 1st respondent to dispose of the same 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, this writ petition is disposed of, directing
the 1st respondent to take up Ext.P13 and pass appropriate
orders thereon in accordance with law after hearing the
petitioner and the 5th respondent. 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
DG/23.5.24
APPENDIX OF WP(C) 18534/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORDER NO.
C/264/18/D.DIS. DATED 08.03.2018 OF THE
AEO, MONCOMBU GRANTING APPROVAL TO THE
PETITIONER
Exhibit P-2 TRUE COPY OF THE ORDER NO. C/6712/2019
DATED 12.10.2020 OF THE AEO, MONCOMBU
GRANTING APPROVAL TO THE PETITIONER
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED
15.07.2021 OF THE PETITIONER
Exhibit P-4 TRUE COPY OF THE ORDER NO. B1/26319/2021
DATED 13.06.2023 OF THE DEO, KUTTANAD
DECLINING APPROVAL
Exhibit P-5 TRUE COPY OF THE ORDER NO. B2/220214/
2023 DATED 29.10.2023 OF THE DEO
Exhibit P-6 TRUE COPY OF THE ORDER NO.
EC1/241363/2023 DATED 21.04.2024 OF THE
ADDITIONAL DIRECTOR (GENERAL) ATTACHED
TO THE OFFICE OF THE 2ND RESPONDENT
Exhibit P-7 TRUE COPY OF THE SSLC CERTIFICATE
Exhibit P-8 TRUE COPY OF THE HIGHER SECONDARY SCHOOL
CERTIFICATE HELD ON MARCH 2004 DATED
18.05.2004 ALONG WITH THE CERTIFICATE IN
SAY DATED 29.06.2004
Exhibit P-9 TRUE COPY OF THE CERTIFICATE OF RASHTRA
BHASHA PRAVEEN OF DAKSHINA BHARAT HINDI
PRACHAR SABHA DATED 23.11.2008
Exhibit P-10 TRUE COPY OF THE K-TET CATEGORY II
CERTIFICATE 2012 DATED 26.04.2013
Exhibit P-11 TRUE COPY OF THE NOTIFICATION NO. CGI
2/44995/2012/CGE DATED 17.07.2012 OF THE
COMMISSIONER FOR GOVERNMENT EXAMINATIONS
Exhibit P-12 TRUE COPY OF THE NOTIFICATION FOR K-TET
SEPTEMBER 2013 ALONG WITH THE SYLLABUS
Exhibit P-13 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE 1ST RESPONDENT
DATED 06.05.2024
Exhibit P-14 TRUE COPY OF THE G.O. (MS.) NO.
109/2022/G.EDN DATED 24.06.2022
