Kerala High Court
Muhammad Ashif K.P vs State Of Kerala on 3 October, 2024
2024:KER:73276
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 34461 OF 2024
PETITIONER:
1 MUHAMMAD ASHIF K.P
AGED 42 YEARS
SON OF LATE.ABDURAHIMAN KUTTY.K.P, CLERK, KMHSS,
KUTTOOR NORTH, MALAPPURAM, PIN - 676305
2 SHAHEER ALI K.P
AGED 47 YEARS
SON OF LATE.MUHAMMADALI, LAB ASSISTANT, KMHSS, KUTTOOR
NORTH, MALAPPURAM, PIN - 676305
BY ADVS.
AUGUSTINE JOSEPH
GEORGE RENOY
ARJUN REMANAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REGIONAL DEPUTY DIRECTOR
OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER
SECONDARY EDUCATION, DOWN HILL, MALAPPURAM, PIN -
676505
WP(C) NO. 34461 OF 2024 2
2024:KER:73276
3 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
TIRURANGADI, MALAPPURAM, PIN - 676306
4 THE PRINCIPAL
KMHSS, KUTTOOR NORTH, MALAPPURAM, PIN - 676305
BY ADV. VENUGOPAL V. (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34461 OF 2024 3
2024:KER:73276
JUDGMENT
The petitioners are appointed as
employees in the KMHSS Kuttur North,
Malappuram. As the petitioners are related to
the manager, exemption under Rule 8 Chapter III
of KER is required. Seeking such exemption,
the petitioners have submitted Ext.P6 and P7
before the 1st respondent which are now pending
consideration. The limited prayer sought by
the petitioner is to direct the 1 st respondent
to take a decision on the same within a time
frame.
2. After hearing the learned counsel
for the petitioner and the learned Government
Pleader, I am inclined to dispose of this Writ
Petition.
3. Accordingly it is ordered that,
the 1st respondent shall take up Ext.P6 and P7,
and appropriate orders thereon shall be passed
2024:KER:73276
after hearing the petitioner and the manager,
of the school. A decision in this regard shall
be taken within a period of four months from
the date of receipt of copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
mus
2024:KER:73276
APPENDIX OF WP(C) 34461/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE APPROVED BYE-LAW DATED
1.10.2002 OF THE SCHOOL.
EXHIBIT-P2 TRUE COPY OF THE LEGAL HEIR CERTIFICATE
NO.TLKTDI/1025/2023-C2 ISSUED BY THE
TAHASILDAR DATED 5.5.2023 RELATED TO THE
FIRST PETITIONER.
EXHIBIT-P3 TRUE COPY OF THE CONSENT LETTER DATED
15.7.2024 OF THE 1ST PETITIONER.
EXHIBIT-P4 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
NO.88474405 DATED 24.9.2024 RELATED TO THE
SECOND PETITIONER.
EXHIBIT-P5 TRUE COPY OF THE CONSENT LETTER DATED
30.7.2024 RELATED TO THE SECOND PETITIONER.
EXHIBIT-P6 TRUE COPY OF THE APPLICATION DATED 7.9.2024
SUBMITTED BY THE 1ST PETITIONER THOUGH PROPER
CHANNEL BEFORE THE 1ST RESPONDENT.
EXHIBIT-P7 TRUE COPY OF THE APPLICATION DATED 6.9.2024
SUBMITTED BY THE 2ND PETITIONER THOUGH PROPER
CHANNEL BEFORE THE 1ST RESPONDENT.
EXHIBIT-P8 TRUE COPY OF THE ORDER IN G.O.(RT).
NO.5001/2021/G.EDN DATED 6.11.2021.
