Fathima Banazeer vs The State Of Kerala
2024 Latest Caselaw 14368 Ker

Citation : 2024 Latest Caselaw 14368 Ker
Judgement Date : 31 May, 2024

Kerala High Court

Fathima Banazeer vs The State Of Kerala on 31 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 19634 OF 2024
PETITIONER:

            FATHIMA BANAZEER
            AGED 26 YEARS
            WIFE OF SHAMNAS.S, LPST, NADUVATHULISLAM U.P.SCHOOL,
            NADUVATH NAGAR.P.O CHERTHALA, ALAPPUZHA DISTRICT-
            688526. (RESIDING AT SHAMNA MANZIL, PATTANAKKAD P.O,
            ALAPPUZHA DISTRICT), PIN - 688531
            BY ADVS.
            V.A.MUHAMMED
            V.RAJASEKHARAN NAIR


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3       THE DEPUTY DIRECTOR OF EDUCATION
            CIVIL LINES, ALAPPUZHA, PIN - 688001
    4       THE DISTRICT EDUCATIONAL OFFICER
            CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524
    5       THE ASSISTANT EDUCATIONAL OFFICER
            THURAVUR,ALAPPUZHA DISTRICT, PIN - 688532
    6       THE MANAGER
            NADUVATHUL ISLAM U.P.SCHOOL,NADUVATH NAGAR.P.O
            CHERTHALA,ALAPPUZHA DISTRICT, PIN - 688526

OTHER PRESENT:

            ADV NISHA BOSE - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.19634 of 2024
                                    2



                     ZIYAD RAHMAN A.A., J.
                    ------------------------------
                    W.P(C) No.19634 of 2024
                    ------------------------------
                Dated this the 31st day of May, 2024

                              JUDGMENT

The petitioner, who was appointed as LPST in the School

managed by the 6th respondent, has approached this Court by filing this

writ petition. The grievance of the petitioner is that the approval of the

appointment of the petitioner was declined on the reason that, she

passed the 10th standard examination from CBSE and as per the

Government Order dated 30/11/2019, the candidate who have secured

SSLC conducted by the Commissioner of Government Examination,

Kerala, alone can be considered. The specific contention of the

petitioner is that, the said criteria has been imposed by the

Government only by way of an executive order wtihout making any

amendment to the stautory qualifications contemplated in the KER, and

hence the same cannot be made applicable.

2. The learned counsel also placed reliance upon Exhibit P9

judgment rendered by this Court reported in Radhamani Vs. Director

of Public Instructions, TVM and others[2009 KHC 1287]. He also

places reliance upon Exhibit P13, P14 and P15 Government Orders

issued in this regard in similar circumstances. Now, the petitioner

submitted Exhibit P10 revision petition which is now pending

consideration before the 1st respondent.

3. Considering the fact that the petitioner has already

highlighted her greivances before the Government, it is only proper

that, the 1st respondent takes a decision on the said revision petition

specifically taking note of the legal propositions set out by this Court in

Exhibit P9, which was accepted in Exhibits P12 to P17 judgments and

the Government Orders.

4. In such circumstances, this writ petition is disposed of

directing the 1st respondent to take up Exhibit P10 and to pass

appropriate orders thereon in accordance with law within a period of

three months from the date of receipt of copy of this judgment, after

hearing the petitioner and the 6th respondent Manager. The first

respondent shall specifically advert to the judgments and Government

Orders referred to above and follow the principles laid down in this

regard.

Sd/-

ZIYAD RAHMAN A.A JUDGE

Anu

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 21.01.2022 Exhibit P-2 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, THURAVUR VIDE NO.C/716688/2024 DATED 20.05.2024 Exhibit P-3 TRUE COPY OF THE G.O.(MS)232/09/G.EDN DATED 30.11.2009 Exhibit P-4 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE OF CBSE OF THE PETITIONER DATED 03.06.2017 Exhibit P-5 TRUE COPY OF THE HIGHER SECONDARY EXAMINATION, KERALA OF THE PETITIONER Exhibit P-6 TRUE COPY OF THE DIPLOMA IN ELEMENTARY EDUCATION CERTIFICATE ISSUED BY COMMISSIONER FOR GOVERNMENT EXAMINATIONS, KERALA DATED 18.11.2021 Exhibit P-7 TRUE COPY OF THE K-TET CATEGORY -I CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF EXAMINATIONS KERALA DATED 16.08.2022 Exhibit P-8 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DATED 24.05.2024 Exhibit P-9 TRUE COPY OF THE DECISION REPORTED 2009 KHC 1287 IN RADHAMONI V.V. DIRECTOR OF PUBLIC INSTRUCTION TVM AND OTHERS Exhibit P-10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25.05.2024 Exhibit P-11 TRUE COPY OF THE G.O. (RT.) NO.

534/2002/G.EDN. DATED 19.3.2002 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.A. NO.

724/2014 DATED 02.06.2014

Exhibit P-13 TRUE COPY OF THE G.O. (RT.) NO.

444/2018/G.EDN. DATED 27-01-2018 Exhibit P-14 TRUE COPY OF THE G.O. (RT.) NO.

424/2020/G.EDN DATED 22.01.2020 Exhibit P-15 TRUE COPY OF THE G.O. (RT.) NO.

1757/2021/G.EDN DATED 18.02.2021 Exhibit P-16 TRUE COPY OF THE JUDGMENT IN W.A. 135/2017 DATED 07.07.2017 Exhibit P-17 TRUE COPY OF THE G.O. (RT.) NO.

8190/2023/G.EDN DATED 22.12.2023