Dismissed

V.E.Moyi Haji v. State of Kerala

Kerala HC25 Jun 2012RP/535/2012

Case brief

AI extract

What is this about?

The single Judge dismissed the Review Petition filed by the management of a school condemning a teacher not to vacancy offers during the initial two years. It noted the petitioner’s right should not be denied. It rejected the plea to refer the matter to a larger Bench against S.N.G.S. High School v. Reji Sagar judgment by referring the same and x.

What did the court decide?

The Review Petition is hence dismissed.

V.E.Moyi Haji Vs State of Kerala — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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MONDAY, THE 25TH DAY OF JUNE 2012/4TH ASHADHA 1934

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RP.No. 535 of 2012 (C) IN WPC/30021/2011 ----------------------------------------AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.30021/2011 DATED 21-05-2012

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REVIEW PETITIONER/PETITIONER IN WPC: -----------------------------------

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V.E.MOYI HAJI, MANAGER, CORPORATE SCHOOLS UNDER THE MUKKOM MUSLIM ORPHANAGE COMMITTEE (REGD), MUKKOM, KOZHIKODE DISTRICT.

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BY ADVS.SRI.M.R.ANISON SMT.T.B.REMANI SMT.K.P.GEETHA MANI SMT.P.A.RINUSA SMT.ANNIE JACOB

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RESPONDENT(S)/RESPONDENTS IN WPC:

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1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT,

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TRIVANDRUM-695 001.

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2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT.

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3. FASNA.T.V D/O.LATE T.V.MOHAMMED MASTER, CRESENT HOUSE, PANDANILAM P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN-673 571.

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BY SRI.MUHAMMAD SHAH, GOVERNMENT PLEADER

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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T.R.RAMACHANDRAN NAIR, J.

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--------------------------------------------------

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Review Petition No.535 OF 2012 in W.P.(C)No.30021 Of 2011

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--------------------------------------------------

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DATED THIS THE 25^th DAY OF JUNE, 2012

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ORDER

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This Review Petition is filed by the Management, the writ petitioner, raising two grounds. One is that during the initial period of two years, the 3^rd respondent in the writ petition was not qualified for appointment as High School Assistant and therefore the right claimed can only be in respect of a nonteaching post. Second is that this Court did not consider the plea to refer the matter to a larger Bench of this Court, as according to the petitioner, the view taken in S.N.G.S. High School v.

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Reji Sagar (2008 (1) KLT 1026) required reconsideration.

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Heard the learned Senior counsel for the review petitioner, who advanced arguments before this Court. In fact while considering the matter, this Court noticed the fact that there was no offer from the management of the petitioner for appointment in any of the vacancies during the two year period. This Court was therefore of the view that the writ petitioner's

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R.P.No.535/12 -2-

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right cannot be denied.

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Hence the plea now raised cannot be accepted. So far as the plea for referring the matter to a larger Bench is concerned, it can be seen that the judgment in Reji's case (supra) was followed by this Court also in other judgments of this Court which I have already referred to from paragraph No.17 onwards of the impugned judgment and several other Writ Appeal judgments are also there in the subject. Therefore, the plea for referring the matter to a larger Bench cannot hold good. The Review Petition is hence dismissed.

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Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)

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dsn

V.E.Moyi Haji v. State of Kerala

Case brief

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V.E.Moyi Haji v. State of Kerala

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