Kerala High Court
The Manager vs State Of Kerala on 8 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 37313 OF 2024
PETITIONER:
THE MANAGER
T.M. MADRASA ALP SCHOOL P O KOLATHARA, KOZHIKODE
DISTRICT, PIN - 673655
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KOZHIKODE,
KOZHIKODE DISTRICT, PIN - 673004
4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER FEROKE,
KOZHIKODE DISTRICT, PIN - 673631
OTHER PRESENT:
ADV. V.K. SUNIL, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
W.P.C No. 37313 of 2024 2
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08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 37313 of 2024 3
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ZIYAD RAHMAN A.A., J.
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W.P.C No. 37313 of 2024
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Dated this the 8th day of November, 2024
JUDGMENT
The petitioner is the Manager of an aided school. The
petitioner is aggrieved by the Ext.P12 order passed by the
Government without hearing petitioner. The question involved in
this case pertains to the approval of appointment of one Jinisha M
as LPSA with effect 01.06.2017. As against the orders passed by
the Educational Authorities, denying the approval of appointment,
the petitioner submitted Ext.P6 Revision petition before the
Government. As per Ext.P7 order, the said Revision petition was
disposed of directing the consideration of appointment in the light
of relaxation granted by the Government as per Ext.P8
Government Order. The Ext.P8 order was further clarified by the
Government vide Ext.P9 Government order.
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2. While implementing Ext.P7, the 4th respondent
issued an order directing the manager to furnish bond in terms of
Ext.P8 Government order. Ext.P10 is the said Order.
3. The case of the petitioner is that Ext.P10 order
and Ext.P7 order, require re-consideration in the light of Ext.P9
order issued by the Government. Therefore the petitioner again
approached the Government highlighting the same. Acting upon
the same, a report was called from the Assistant Educational
Officer (AEO), by the Government which was submitted as per
Ext.P11. The case of the petitioner is that, without giving the
petitioner an opportunity for being heard and without properly
considering Ext.P11 report now Ext.P12 order has been passed by
the Government, rejecting the contentions raised by the petitioner.
This writ petition is submitted in such circumstances.
4. The fact that, while issuing Ext.P12, the
petitioner was not granted an opportunity for being heard is not
disputed. Moreover, the impact of Ext.P9 is also a matter which
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was specifically highlighted by the petitioner. In such
circumstances it is only proper that, a decision be taken by the
government after giving the petitioner an opportunity for being
heard.
5. In such circumstances, this writ petition is
disposed of quashing Ext.P12, with a direction to the Government
to re-consider the same, after giving the petitioner an opportunity
for being heard. The decision in this regard shall be taken within
a period of four months from the date of receipt of a copy of this
judgment, after taking into account the Ext.P9 Government order
and Ext.P11 report.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
vnk/-
2024:KER:83777
APPENDIX OF WP(C) 37313/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2017
EXHIBIT-P2 TRUE COPY OF THE ORDER NO. C-1977/2017
/K.DIS DATED 27.09.2017
EXHIBIT-P3 TRUE COPY OF THE ORDER NO. B2/6195/2017/K
.DIS DATED 26.03.2018
EXHIBIT-P4 TRUE COPY OF THE ORDER NO.
G365223/2018DPI/K.DIS DATED 21.02.2019
ALONG WITH TYPED COPY.
EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION DATED NIL
OF THE 2ND RESPONDENT
EXHIBIT-P6 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT BY THE PETITIONER
DATED 08.06.2020
EXHIBIT-P7 TRUE COPY OF THE GO(RT) NO.
1964/2021/G.END DATED 26.02.2021 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT-P8 TRUE COPY OF THE GO(P) NO. 4/2021/G.END
DATED 06.02.2021
EXHIBIT-P9 TRUE COY OF THE GO(P) NO. 2/2023/G.EDN
DATED 23.01.2023
EXHIBIT-P10 TRUE COPY OF THE ORDER NO, C/56611/2023
DATED 01.12.2023 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT-P11 TRUE COPY OF THE REPORT SUBMITTED BY THE
4TH RESPONDENT TO THE 1ST RESPONDENT
OBTAINED UNDER RTI ACT DATED 15.10.2024
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EXHIBIT-P12 TRUE COPY OF THE COMMUNICATION DATED
25.07.2024 FROM THE 1ST RESPONDENT TO THE
PETITIONER
