Kerala High Court
Aneesa K.P vs State Of Kerala on 6 September, 2024
2024:KER:68806
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 20251 OF 2024
PETITIONER/S:
ANEESA K.P
AGED 39 YEARS
W/O SAJEEB J, VALIYAPARAMBIL (H), THURAVOOR P.O,
CHERTHALA, ALAPPUZHA, PIN - 688532
BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
JOSE. V.V. (THENGATHARA)
ROY JOSEPH
ANIES MATHEW
NIRMAL KURIEN EAPEN
THASNIEEM BADARUDEEN
THOMAS P.B.
RESPONDENT/S:
1 STATE OF KERALA
REP. SECRETARY, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL DIRECTOR OF GENERAL EDUCATION
OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 DISTRICT EDUCATIONAL OFFICER
CHERTHALA, ALAPPUZHA, PIN - 688524
WP(C) No.20251 of 2024
2
2024:KER:68806
4 ASSISTANT EDUCATIONAL OFFICER
THURAVOOR, ALAPPUZHA, PIN - 688532
5 MANAGER
NADVATHUL ISLAM UPPER PRIMARY SCHOOL, NADVATH
NAGAR P.O, ALAPPUZHA, PIN - 688526
6 HEADMASTER
NADVATHUL ISLAM UPPER PRIMARY SCHOOL, NADVATH
NAGAR P.O, ALAPPUZHA, PIN - 688526
BY ADVS.
P.M.PAREETH
NAJEEB P.S(K/328/2020)
NAJAH EBRAHIM V.P.(K/003588/2022)
OTHER PRESENT:
ADV SAROJINI K G- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.20251 of 2024
3
2024:KER:68806
P.M. MANOJ, J
-----------------------------------
W.P.(C) No.20251 of 2024
----------------------------------------------
Dated this the 6th day of September, 2024
JUDGMENT
The writ petition is preferred being aggrieved by issuance
of Ext.P3 by the 4th respondent.
2. The issue involved in this writ petition is that the
petitioner was appointed as LPST under the 5 th respondent-
Manager in a permanent vacancy, pursuant to the vacancy
arose on the transfer of Smt.Farsana N.Sathar with effect from
06.06.2019. The 5th respondent-Manager forwarded the
appointment of the petitioner for approval before the
4th respondent. However, the appointment was rejected against
which the Manager filed revision appeal before the
2nd respondent.
3. On considering the said revision appeal preferred by
the Manager, the 2nd respondent has passed Ext.P1 order
2024:KER:68806
directing the 4th respondent to reconsider the approval in the
light of G.O.(MS) No.15/2023/GED dated 17.02.2023. In Ext.P1,
it is clearly stated that the petitioner was appointed in the
vacancy that arisen in the year 2015-2016 on 06.06.2019 and a
direction was issued to approve the appointment in the light of
the aforementioned Government Order dated 17.02.2023. Even
thereafter, the 4th respondent rejected the appointment by
stating that the petitioner did not pass K-TET examination.
4. In this regard, it is contended by the petitioner that in
an identical situation as per Ext.P5, the other Assistant
Educational Officer had approved the appointment and
therefore, seeks for a direction to quash Ext.P3. In response to
that the learned Government Pleader submitted that the appeal
is pending before the 3rd respondent and that will be considered
in due course.
5. I have heard Sri.Julian Xavier.J.Jospeh, the learned
counsel for the petitioner and Smt.Sarojini, the learned
Government Pleader for respondents 1 to 4. On considering the
limited nature of prayer sought in the writ petition, notice to
respondents 5 and 6 is dispensed with.
2024:KER:68806
6. In the aforesaid circumstances, there will be a
direction to the 3rd respondent to pass appropriate orders on
Ext.P7 appeal after affording an opportunity of hearing to the
petitioner as well as the Manager, in accordance with law in the
light of Exts.P5 and P6 within a period of one month from the
date of receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
P.M. MANOJ
JUDGE
SSS
2024:KER:68806
APPENDIX OF WP(C) 20251/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.
F3/239455/2023 DATED 04.02.2024 ISSUED
BY THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE G.O (MS)
NO.15/2023/GED DATED 17.02.2023
Exhibit P3 TRUE COPY OF THE ORDER NO.
C/721066/2024 DATED 16.05.2024 ISSUED
BY THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE G.O (MS) NO.
179/2021/GED DATED 18.08.2021 ISSUED BY
THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER NO. C/9458/2021
DATED 31.03.2021 ISSUED BY THE
ASSISTANT EDUCATIONAL OFFICER,
KOZHIKODE RURAL
Exhibit P6 TRUE COPY OF THE LETTER NO.
H1/58/2024/GED DATED 06.05.2024 ISSUED
BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE APPEAL DATED
01.06.2024 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
