Bss Educational Society vs State Of Kerala
2024 Latest Caselaw 30409 Ker

Kerala High Court

Bss Educational Society vs State Of Kerala on 25 October, 2024

                                             2024:KER:79673
RP NO. 1103 OF 2024

                               1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                      RP NO. 1103 OF 2024

        ARISING FROM JUDGMENT DATED 04.07.2024 IN WP(C)

         NO.23891 OF 2024 OF HIGH COURT OF KERALA

REVIEW PETITIONER/NON-PARTY:

          BSS EDUCATIONAL SOCIETY
          ALATHUR P.O., PALAKKAD DISTRICT,
          REPRESENTED BY ITS PRESIDENT,
          PIN - 678541

          BY ADVS.
          NISHA GEORGE
          GEORGE POONTHOTTAM (SR.)
          A.L.NAVANEETH KRISHNAN
          FATHIMA AMREEN JAMAL



RESPONDENTS/RESPONDENTS & WRIT PETITIONER:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT,
          PIN - 695001
                                              2024:KER:79673
RP NO. 1103 OF 2024

                              2

    2      THE REGIONAL DEPUTY DIRECTOR
           HIGHER SECONDARY EDUCATION, OFFICE OF THE
           REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
           EDUCATION, UP HILL P.O., MALAPPURAM,
           PIN - 676505

    3      THE DISTRICT EDUCATIONAL OFFICER
           PALAKKAD, OFFICE OF THE DISTRICT EDUCATIONAL
           OFFICER, PALAKKAD (EX-OFFICIO MANAGER),
           B.S.S. HIGHER SECONDARY SCHOOL, KOLLENGODE,
           PALAKKAD DISTRICT, PIN - 678506

    4      THE HEADMISTRESS
           B.S.S HIGHER SECONDARY SCHOOL, KOLLENGODE,
           PALAKKAD DISTRICT, PIN - 678506

    5      SUJID LAL G
           AGED 50 YEARS
           S/O. GOPALAKRISHNAN, H.S.T. ENGLISH,
           B.S.S. HIGHER SECONDARY SCHOOL, KOLLENGODE,
           RESIDING AT VELMUTTI, THEKKEGRAMAM P.O.,
           CHITTUR, PALAKKAD DISTRICT, PIN - 678103

           BY ADV
           ADV JACOB SEBASTIAN
           ADV V.K. SUNIL - SR.GOVERNMENT PLEADER


        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 25.10.2024,    THE COURT   ON THE   SAME DAY   PASSED THE
FOLLOWING:
                                                     2024:KER:79673
RP NO. 1103 OF 2024

                                  3



                              ORDER

This review petition is submitted by an Educational

Agency apprehending that, the review petitioner will not be given

an opportunity for being heard while a decision is taken on the basis

of the judgment in this case. However, it is seen that, the direction

in the judgment was to consider Exts.P1 and P2 proposal of

appointment submitted by the Headmistress, to the 3rd respondent,

who is presently acting as the Manager of the School. It is

discernible from Annexure A2 that, the 3 rd respondent has already

issued appointment order and the same has been forwarded to the

2nd respondent for approval. Now as per Annexure A6 judgment

passed by this Court in the writ petition filed by the review

petitioner herein, there is already a direction to the 2 nd respondent

herein to consider the objection of the review petitioner while

considering the approval of appointment of the writ petitioner.

2024:KER:79673 RP NO. 1103 OF 2024

In such circumstances, this review is not necessary.

Accordingly, this review petition is closed without prejudice to the

contentions of any of the parties.

Sd/-

ZIYAD RAHMAN A.A., JUDGE scs 2024:KER:79673 RP NO. 1103 OF 2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ORDER NO. EM 1/14673/2021/DGE DATED 20.9.2022 ISSUED BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION

Annexure -A2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE 5TH RESPONDENT DATED 3.6.2024

Annexure -A3 TRUE COPY OF THE LETTER NO.

DEOPKD/1159/2024-B3 DATED 11.7.2024 ISSUED BY THE 3RD RESPONDENT

Annexure -A4 TRUE COPY OF THE LETTER DATED 15.6.2024 ISSUED BY THE REVIEW PETITIONER SOCIETY TO RESPONDENTS 2 AND 3

Annexure -A5 TRUE COPY OF THE LETTER DATED 27.07.2024 ISSUED BY THE REVIEW PETITIONER TO THE 2ND RESPONDENT

Annexure -A6 TRUE COPY OF THE JUDGMENT DATED 02.08.2024 IN WP(C) NO. 27681 OF 2024 PASSED BY THIS HON'BLE COURT