Kerala High Court
The Manager (P.P Unneenkutty ... vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
TUESDAY, THE 28 DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 18353 OF 2024
PETITIONER:
THE MANAGER (P.P UNNEENKUTTY MOULAVI),PULIYAPARAMB
HIGHER SECONDARY SCHOOL, KODUNTHIRAPULLY,
AGED 73 YEARS, S/O LATE P.O MOHAMMED, PULIYAPARAMB
HIGHER SECONDARY SCHOOL, KODUNTHIRAPULLY,
PALAKKAD(RESIDING AT PARAMBIL PEEDIKAKKAL, EDAYIKKAL,
THACHAMPARA, MANNARKKAD, PALAKKAD - 678593, PIN - 678004
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION,
KUNATHURMEDU, PALAKKAD, PIN - 678001
4 THE DISTRICT EDUCATIONAL OFFICER,
SULTANPET, PALAKKAD, PIN - 678014
5 THE PRINCIPAL,
PULIYAPARAMB HIGHER SECONDARY SCHOOL, KODUNTHIRAPULLY,
PALAKKAD, PIN - 678004
6 THE VICE- PRINCIPAL,
PULIYAPARAMB HIGHER SECONDARY SCHOOL, KODUNTHIRAPULLY,
PALAKKAD, PIN - 678004
7 SRI. T. SHOUKKATH ALI,
HST(MATHS), BRC PARLI, PALAKKAD, PIN - 678611
8 SMT. K. BINDU,
HST(MATHS), BRC, PALAKKAD, PIN - 678611
9 SMT. EMMI PAVIANOSE,
HST(MATHS), BRC, PALAKKAD, PIN - 678611
10 SMT. RAJITHA,
HST(ENGLISH), PULIYAPARAMB HIGHER SECONDARY SCHOOL,
KODUNTHIRAPULLY, PALAKKAD, PIN - 678004
W.P(C) No.18353 of 2024
2
11 SMT. T.S. SREE LEKSHMI,
HST(ENGLISH), PULIYAPARAMB HIGHER SECONDARY SCHOOL,
KODUNTHIRAPULLY, PALAKKAD, PIN - 678004
12 SMT. AISHWARYA JAYARAJ,
HST(ENGLISH), PULIYAPARAMB HIGHER SECONDARY SCHOOL,
KODUNTHIRAPULLY, PALAKKAD, PIN - 678004
OTHER PRESENT:
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.18353 of 2024
3
ZIYAD RAHMAN A.A., J.
------------------------------
W.P(C) No.18353 of 2024
------------------------------
th
Dated this the 28 day of May, 2024
JUDGMENT
The petitioner is the Manager of Puliyaparamb Higher
Secondary School, Kodunthirapully which is an aided school.
2. The petitioner has approached this court, being aggrieved by
Exhibit P2 and P2(a) orders, by which the 3 rd respondent passed orders
directing the petitioner to accommodate the respondents 7 to 9, who
were deployed as HSA (Maths), against the vacancies now arisen to the
post of HSA (English). The specific case of the petitioner is that the
said vacancies were already occupied by the respondents 10 to 12, and
the respondents 7 to 9, being HSA (Maths), are not qualified to be
appointed against the vacancies arose for HSA English. The learned
counsel places reliance upon Exhibit P7 judgment passed by this Court
in this regard. The petitioner has already submitted Exhibit P8
Revision Petition which is now pending before the 1 st respondent.
3. The main prayer sought by the petitioner is to direct the 1 st
respondent to pass orders on Exhibit P8 within a time frame and to
keep in abeyance the implementation of Exhibits P2 and P2(a) till a
decision is taken.
4. 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 Exhibit P8 and pass appropriate orders thereon, after hearing the
petitioner and respondents 7 to 12. Orders in this regard shall be
passed within a period of four months from the date of receipt of copy
of this judgment. In the light of observations made by this Court in
Exhibit P7 judgment, there shall be an order to keep in abeyance the
implementation of Exhibit P2 and P2(a) orders until a decision is taken
by the 1st respondent in Exhibit P8.
The writ petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
Anu
APPENDIX OF WP(C) 18353/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR
2023-2024 VIDE NO. D.DIS. B1/53313/2023 DATED
01.09.2023
Exhibit P-1(a) TRUE COPY OF THE DEPLOYMENT VIDE ORDER NO.
A/1200/2023 DATED 19.08.2023
Exhibit P-2 TRUE COPY OF THE ORDER NO. DDEPKD/4018/2023-B4 DATED
20.04.2024 ISSUED BY DDE, PALAKKAD
Exhibit P-2(a) TRUE COPY OF THE ORDER NO. B1-646/2024/DEOPKD/D.DIS
DATED 03.05.2024 ISSUED BY DEO, PALAKKAD
Exhibit P-3 TRUE COPY OF THE DECISION REPORTED IN 2022(6) KHC 72
DATED 02.09.2022 (SREEJITH T AND ANOTHER V. MANAGER
AMUP SCHOOL, PUNNATHALA AND OTHERS)
Exhibit P-4 TRUE COPY OF THE DECISION REPORTED IN 2022 (4) KHC
191 DATED 02.06.2022 (SUMANGALA DEVI K V. BINU P.N
AND OTHERS)
Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 2007 KHC 3407
DATED 18.10.2006 (RAKHEE V. STATE OF KERALA)
Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN 2008 KHC 4846
DATED 08.05.2008 (DEEPA AUGUSTINE V. GEETHA ALEX)
Exhibit P-7 TRUE COPY OF DECISION REPORTED IN 2012(4) KHC 442
DARED 03.11.2011 (MINIMOLE C V. STATE OF KERALA AND
OTHERS)
Exhibit P-8
TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE
PETITIONER BEFORE THE GOVERNMENT DATED 17.05.2024
Exhibit P-9 TRUE COPY OF THE G.O(RT) NO. 1162/2019/G.EDN DATED
25.03.2019
Exhibit P-10 TRUE COPY OF THE G.O(RT) NO. 1311/2019/G.EDN DATED
05.04.2019
Exhibit P-11 TRUE COPY OF THE G.O(RT) NO. 2973/2019/G.EDN DATED
22.07.2019
