Kerala High Court
Josma Andrews vs The State Of Kerala on 13 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:11988
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 5907 OF 2025
PETITIONER:
JOSMA ANDREWS
AGED 31 YEARS
WIFE OF JAIMON PETER K P UPPER PRIMARY SCHOOL
TEACHER (UPST) ST. JOSEPHS' HIGH SCHOOL FOR
GIRLS, ALAPPUZHA P O
ALAPPUZHA DISTRICT,
PIN - 688001
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
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
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRREICTOR OF EDUCATION,
CIVIL LINES, ALAPPUZHA, PIN - 688001
2025:KER:11988
WP(C) No.5907 of 2025
2
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001
5 THE CORPORATE MANAGER
CANOSSIAN CORPORATE MANAGEMENT OF SCHOOLS
ST. JOSEPHS CONVENT, ALAPPUZHA, PIN - 688001
BY ADV.
SRI. VENUGOPAL V., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.5907 of 2025
3
JUDGMENT
Dated this the 13th day of February, 2025
Petitioner was appointed as Upper Primary School
Teacher from 01.11.2023 onwards against the vacancy arose
due to the promotion of Smt. Simi Varghese, UPST as HST
English in St. Joseph's High School for Girls, Alappuzha. But
approval to this appointment was declined by the District
Educational Officer, Alappuzha as per Ext.P2 Order dated
29.01.2025 for the sole reason that the petitioner possessed
CBSE in 10th Standard and has not studied Malayalam in
Secondary or Higher Secondary level and hence, the
appointment cannot be considered as per G.O.(Ms.)
No.87/2023/GEdn dated 28.06.2023.
2. Aggrieved, the petitioner moved the
Government filing Ext.P11 Revision Petition, which is pending.
2025:KER:11988
Undue delay in its consideration would result in extreme
hardships to the petitioner, contends the petitioner.
3. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 4.
4. The petitioner, raising her grievance, has
approached the 1st respondent filing Ext.P11 Revision
Petition. Taking into consideration the facts of the case, I am
of the view that the 1st respondent shall consider Ext.P11
Revision Petition adverting to Exts.P10 and P12 to P17 also
and decide the matter after giving opportunity of hearing to the
petitioner.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P11 Revision Petition
adverting to Exts.P10 and P12 to P17 and pass orders
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thereon within a period of four months, after giving opportunity
of hearing to the petitioner.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:11988
APPENDIX OF WP(C) 5907/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.11.2023
Exhibit P-2 TRUE COPY OF THE ORDER NO.
B1/55935/2023 DATED 29.01.2025 OF THE
DEO. ALAPPUZHA DECLINING APPROVAL
Exhibit P-3 TRUE COPY OF THE G O (MS.) NO.
87/2023/G.EDN DATED 28.06.2023
Exhibit P-4 TRUE COPY OF THE SECONDARY SCHOOL
EXAMINATION CERTIFICATE OF CBSE DATED
26.05.2009
Exhibit P-5 TRUE COPY OF THE HIGHER SECONDARY
SCHOOL EXAMINATION CERTIFICATE OF
KERALA STATE DATED 20.05.2011
Exhibit P-6 TRUE COPY OF THE B.SC MATHEMATICS
CERTIFICATE ISSUED BY THE UNIVERSITY
OF KERALA DATED 20.02.2016
Exhibit P-7 TRUE COPY OF THE B.ED MATHEMATICS
CERTIFICATE ISSUED BY THE UNIVERSITY
OF KERALA 08.11.2016
Exhibit P-8 TRUE COPY OF THE K-TET CATEGORY -III
CERTIFICATE ISSUED BY THE SECRETARY,
BOARD OF EXAMINATIONS, KERALA DATED
20.11.2019
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Exhibit P-9 TRUE COPY OF THE G.O. (MS.) NO.
232/2009/G.EDN DATED 30.11.2009
Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN
2009 KHC 1287 (RADHAMANI V DIRECTOR OF
PUBLIC INSTRUCTION)
Exhibit P-11 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT/1ST
RESPONDENT DATED 05.02.202
Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.A. NO.
724/2014 DATED 02.06.2014
Exhibit P-13 TRUE COPY OF THE G.O. (RT.) NO.
444/2018/G.EDN. DATED 27-01-2018
Exhibit P-14 TRUE COPY OF THE G.O. (RT.) NO.
424/2020/G.EDN DATED 22.01.2020
Exhibit P-15 TRUE COPY OF THE G.O. (RT.) NO.
1757/2021/G.EDN DATED 18.02.2021
Exhibit P-16 TRUE COPY OF THE G.O. (RT.) NO.
8190/2023/G.EDN DATED 22.12.2023
Exhibit P-17 TRUE COPY OF THE G.O. (RT.) NO.
5202/2024/G.EDN DATED 23.08.2024
Exhibit P-18 TRUE COPY OF THE JUDGMENT IN W.A. NO.
135/2017 DATED 07.08.2017
Exhibit P-19 TRUE COPY OF THE ORDER NO.
B1/40788/2022 DATED 27.04.2024
