Kerala High Court
Farhana Sherin vs The State Of Kerala on 3 October, 2024
2024:KER:73408
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. 34374 OF 2024
PETITIONER:
FARHANA SHERIN
AGED 28 YEARS
W/O ABDULKHADER ELLATHODI LPST, AMLP SCHOOL, KODUR
WEST, MALAPPURAM DISTRICT-676504 (RESIDING AT WEST
KODUR, KODUR P.O, MALAPPURAM DISTRICT), PIN - 676504
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
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 DISTRICT EDUCATIONAL OFFICER
UP HILL, MALAPPURAM DISTRICT, PIN - 676505
4 THE ASSISTANT EDUCATIONAL OFFICER
UP HILL, MALAPPURAM DISTRICT, PIN - 676505
WP(C) NO. 34374 OF 2024 2
2024:KER:73408
5 THE MANAGER
AMLP SCHOOL, KODUR WEST, MALAPPURAM DISTRICT,
PIN - 676504
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. 34374 OF 2024 3
2024:KER:73408
Dated this the 03rd day of October, 2024
JUDGMENT
The petitioner, who was appointed as Lower Primary
School Teacher in the school managed by the 5th respondent, has
approached this Court being aggrieved by the denial of approval. It
is evident from the records that the petitioner has already submitted
Ext.P7 Revision Petition before the 2nd respondent which is now
pending consideration. The petitioner also filed Ext.P9
representation proviso to Rule 65, Chapter XIVC of KER before
the 1st respondent, as no orders were passed by the 2 nd
respondent on Ext. P7. The petitioner seeks disposal of the same.
2. However, as far as Ext.P9 representation under is
concerned, I do not think that the same is maintainable, in view of
the fact that, what is contemplated under proviso to Rule 65 to
Chapter XIVC of KER, is to submit a representation before the 1st
respondent, in case any representation submitted by the petitioner
before the statutory authorities was not considered. As far as this
case is concerned, what is pending is a statutory Revision Petition
before the revisional authority, which is the 2nd respondent and
therefore, I do not find that, this is a fit case in which the direction to
2024:KER:73408
consider Ext.P9 can be made.
3. However, since the Ext.P7 is even now pending
consideration before the 2nd respondent, a direction can be issued
to take a decision on the same.
In such circumstances, this writ petition is disposed of
directing the 2nd respondent to take up Ext.P7 and to pass
appropriate orders thereon in accordance with law after hearing the
petitioner, the 5th respondent manager and any other affected
parties. A decision in this regard shall be taken within a period of
two months from the date of receipt of copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
mus
2024:KER:73408
APPENDIX OF WP(C) 34374/2024
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE G.O. (P) NO. 3/2019/G.EDN.
DATED 28.02.2019
EXHIBIT P-2 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN. DATED 08.03.2019
EXHIBIT P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2023
EXHIBIT P-4 TRUE COPY OF THE ORDER OF THE ASSISTANT
EDUCATIONAL OFFICER, MALAPPURAM VIDE
NO.F/48798/2023 DATED 15.07.2023 DECLINING
APPROVAL TO EXHIBIT P-3
EXHIBIT P-5 TRUE COPY OF THE APPEAL PETITION SUBMITTED BY
THE MANAGER
EXHIBIT P-6 TRUE COPY OF THE ORDER OF THE DISTRICT
EDUCATIONAL OFFICER, MALAPPURAM VIDE
NO.B1/201121/2023 DATED 16.02.2024
EXHIBIT P-7 TRUE COPY OF THE REVISION APPEAL SUBMITTED BY
THE PETITIONER BEFORE THE DIRECTOR DATED
25.06.2024
EXHIBIT P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE
2023-24 VIDE NO.D.DIS.F/60154/2023 DATED
17.08.2023 OF THE ASSISTANT EDUCATIONAL
OFFICER, MALAPPURAM
EXHIBIT P-9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
25.09.2024
