Dismissed

Bindu Mathew v. the Manager, Corporate Management of Csi Schools in Malabar and Wayanad

Kerala HC15 Feb 2012WA/252/2012

Case brief

AI extract

What is this about?

This writ appeal challenged an order dismissing a petition regarding the appellant's appointment as a school manager. The High Court held that since a statutory appeal remedy existed before the Director of Education, the Single Judge correctly refused writ jurisdiction. The writ appeal was dismissed, but the Appellate Authority was directed to dispose of the pending appeal within two months.

What did the court decide?

The Writ Appeal was dismissed. A direction was issued to the Appellate Authority to dispose of the pending appeal within two months.

Bindu Mathew Vs the Manager, Corporate Management of… — 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 C.N.RAMACHANDRAN NAIR &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933

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W.A.No. 252 of 2012 ()

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IN WPC.NO.29603/2011 DATED 13-01-2012

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APPELLANT/PETITIONER

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BINDU MATHEW, AGED 35 YEARS, W/O.DENSIL THIMOTHY, FULL-TIME MENIAL, C.M.S.HIGHER SECONDARY SCHOOL, ARAPATTA WAYANAD DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENTS/RESPONDENTS

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1. THE MANAGER,

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CORPORATE MANAGEMENT OF CSI SCHOOLS IN MALABAR AND WAYANAD, DIOCESE OF NORTH KERALA, CSI DIOCESANS OFFICE, P.B.NO.104, SHORANUR-679121.

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2. THE DISTRICT EDUCATIONAL OFFICER, WAYANAD-670645.

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3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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PIN 695001.

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4. REV.VINOD ALLEN, MANAGER, CORPORATE MANAGEMENT OF CSI SCHOOLS IN MALABAR AND WAYANAD, DIOCESE OF NORTH KERALA, CSI DIOCESANS OFFICE, P.B.NO.104, SHORANUR-679121.

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5. THE HEADMISTRESS, C.M.S. HIGHER SECONDARY SCHOOL, ARAPATTA, WAYANAD DISTRICT-670645.

(CONTD...)

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W.A.No. 252 of 2012 ()

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6. SHRI ENCILY PANDARAPARAMBIL, PANDARAPARAMBIL HOUSE, CODACAL P.O., TIRUR, MALAPPURAM DISTRICT, PIN-676108.

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BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No. 252 of 2012 () ---------------------

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APPENDIX

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PETITIONER'S EXHIBITS:-

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ANNEXURE-A:- ANNEXURE-B:-	COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 06.01.2012. COPY OF THE APPEAL FILED BY THE APPELLANT BEFORE THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD.
ANNEXURE-C:-	COPY OF THE COMMUNICATION DATED 09.08.2011 REGARDING JOINING OF SHRI.YESUDAS IN THE KERALA STATE FINANCIAL ENTERPRISES LTD.
ANNEXURE-D:-	COPY OF COMMUNICATION ISSUED BY REV.BISHOP WARNING THE PRESENT MANAGER IN THE MATTER OF POSTINGS MADE IN THE SCHOOL.
ANNEXURE-E:-	COPY OF COMMUNICATION REGARDING VALIDITY OF RANK LIST PUBLISHED BY THE CORPORATE EDUCATIONAL AGENCY.

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RESPONDENT'S EXHIBITS:- NIL

//TRUE COPY//

PA TO JUDGE

C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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W.A. No. 252 OF 2012

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Dated this the 15^th day of February, 2012

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J U D G M E N T

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Ramachandran Nair, J

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Appellant, though was appointed by her father as the Manager of the first respondent, her appointment was not approved by the District Educational Officer. The DEO disapproved the appointment because there was 51B claimant for the post. The challenge made against the DEO's order was not interfered with by the learned Single Judge because the appellant can avail the statutory remedy of appeal before the Director of Education. We do not find there is any justification to interfere with the learned Single Judge's judgment because when there is a statutory remedy, the appellant cannot be permitted to invoke the writ jurisdiction simultaneously. Therefore the Writ Appeal is dismissed.

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W.A. No. 252 OF 2012

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:2 :

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However, we direct the Appellate Authority to dispose of the appeal after hearing the appellant and others interested within two months from the date of receipt of a copy of this judgment.

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Sd/- C.N. RAMACHANDRAN NAIR, JUDGE.

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Sd/- BABU MATHEW P. JOSEPH, JUDGE.

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ul/-

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[True copy]

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P.S. to Judge.

Bindu Mathew v. the Manager, Corporate Management of Csi Schools in Malabar and Wayanad

Case brief

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What did the court decide?

Bindu Mathew v. the Manager, Corporate Management of Csi Schools in Malabar and Wayanad

Case brief

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