Kerala High Court
Prajila M vs State Of Kerala on 2 November, 2024
2024:KER:81419
WPC.No.38551/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO.38551 OF 2024
PETITIONER:
PRAJILA M.,
AGED 39 YEARS,
W/O.RAJESH P, MANIYERI (H), KODAKKAT P.O,
KASARGOD, PIN - 671 310.
BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
JOSE. V.V. (THENGATHARA)
ROY JOSEPH
ANIES MATHEW
THOMAS P.B.
ASWATHY SUSAN PAUL
RESPONDENTS:
1 STATE OF KERALA,
REP. SECRETARY, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 ADDITIONAL DIRECTOR (GENERAL),
OFFICE OF THE ADDITIONAL DIRECTOR (GENERAL),
THIRUVANANTHAPURAM, PIN - 695 014.
3 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
PAPPINISSERI, KANNUR, PIN - 670 561.
4 HEADMASTER,
DARUL IMAN MUSLIM LP SCHOOL (UNDER BY IZZATHUL
2024:KER:81419
WPC.No.38551/24 2
ISLAM JAMA-ATH COMMITTEE), K.KANNAPURAM P.O,
CHERUKUNNU, KANNUR, PIN - 670 301.
SRI.V.K Sunil, Sr. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:81419
WPC.No.38551/24 3
JUDGMENT
The petitioner was appointed as LPST in Darul Iman
Muslim L.P.School, Cherukunnu, Kannur in a vacancy
consequent to the suspension of one of the Assistant Teachers
with effect from 01.06.2016. The approval of the same was
rejected by the Educational Authorities and thereafter the
petitioner was appointed with effect from 01.06.2017 in a
retirement vacancy of another LPST. The approval of
appointment of the same was also rejected mainly on the reason
that the petitioner did not possess K-TET qualification. The
manager filed an appeal before the 2nd respondent, which was
also rejected and ultimately, as per Ext.P3, the Director of
General Education considered the case of the petitioner in the
light of Ext.P4 Government Order and directed the 3 rd
respondent to reconsider the case of the petitioner. However,
orders consequent to the same has not been passed. In such
circumstances, the petitioner submitted Ext.P9 representation
before the 3rd respondent and he seeks for a direction to the 3 rd
respondent to consider the same within a time frame.
2. After hearing the learned counsel for the
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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.P9 and pass appropriate orders thereon after
hearing the petitioner, the manager of the institution and other
affected parties, if any. Decision in this regard shall be taken
within a period of one month from the date of receipt of a copy
of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/2.11.24
2024:KER:81419
APPENDIX OF WP(C) 38551/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
01.06.2016 ISSUED BY THE MANAGER, DARUL
IMAN MUSLIM LP SCHOOL, CHERUKUNNU
Exhibit P2 TRUE COPY OF THE ORDER NO. F42223/2023
DATED 24.03.2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO.
G4/235312/2021 DATED 22.09.2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE G.O (MS)
NO.194/2019/GEDN/ DATED 15.11.2019
ISSUED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE G.O (MS)
NO.104/2021/G.EDN DATED 19.02.2021
ISSUED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE G.O (MS) NO.
15/2023/GEDN DATED 17.02.2023 ISSUED BY
THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NO.
F3/14873/2024/DGE DATED 26.09.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER NO. C/777140/2024
DATED 10.10.2024 ISSUED BY THE AEO
THURAVOR
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
27.10.2024 SUBMITTED BY THE PETITIONER
THROUGH E-MAIL TO THE OFFICE OF THE 3RD
RESPONDENT
