Asha.A.E vs State Of Kerala
2024 Latest Caselaw 29972 Ker

Kerala High Court

Asha.A.E vs State Of Kerala on 22 October, 2024

WP(C) No.37046/2024                       1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
                            WP(C) NO. 37046 OF 2024(E)
   PETITIONERS:

      1. ASHA.A.E, AGED 41 YEARS W/O.BAIJU.K, HEADMISTRESS IN CHARGE,
         R.S.S.R.V.M.G.SCHOOL, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503
      2. SARITHAMARY, AGED 49 YEARS , DAVIDSAM, LOWER PRIMARY SCHOOL TEACHER,
         R.S.S.R.V.M.G.SCHOOL, KUNNAMKULAM, THRISSUR DISTRICT , PIN - 680503
      3. BINNI.V.A, AGED 48 YEARS W/O.GEORGE.C.L, LOWER PRIMARY SCHOOL
         TEACHER, R.S.S.R.V.M.G.SCHOOL, KUNNAMKULAM, THRISSUR DISTRICT , PIN
         - 680503

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
         EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2. DIRECTOR OF GENERAL EDUCATION, (FORMERLY DIRECTOR OF PUBLIC
         INSTRUCTION) JAGATHY, THIRUVANANTHAPURAM , PIN - 695014
      3. DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE,    THRISSUR
         DISTRICT, PIN - 680623
      4. ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT, PIN -
         680503
      5. ITTOOP MATHEW.P, S/O.MATHEWKUTTY.P, PANAKKAL HOUSE, PUTHENPETTA
         BAZAR, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Ext.P13 order and permit the 1st petitioner to function as
   Headmistress and manager of the R.S.S.R.V.M.G. School, pending disposal of
   the above Writ Petition(Civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.LINDONS C.DAVIS, E.U.DHANYA, N.S.SHAMILA & CHINJU P. JOYIES, Advocates
   for the petitioners and of GOVERNMENT PLEADER for respondents 1 to 4, the
   court passed the following:
 WP(C) No.37046/2024                         2/3



                                        ORDER

Admit.

The learned Government Pleader takes notice for the respondents 1 to

4.

Issue urgent notice by speed post to respondent No.5.

There shall be an interim order staying further steps pursuant to Exhibit P13 until further orders. In the meantime, the Headmaster/Manager, shall be entitled to manage the affairs of the school in the light of Exhibit P6 judgment. The proposals submitted by the Head master/Manager shall be considered and pass appropriate orders in accordance with law, and the approvals shall not be declined on the reason of management dispute.

Sd/- ZIYAD RAHMAN A.A., JUDGE

22-10-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 37046/2024 Exhibit P6 A COPY OF THE JUDGMENT DATED 22.05.2018 IN W.P(C)

Exhibit P13 A COPY OF THE G.O.(RT)NO.6758/2024/G.EDN. DATED 01.10.2024 ISSUED BY THE 1ST RESPONDENT