Partly allowed

Nair Service Society v. the State of Kerala

Kerala HC15 Mar 2012WA/498/2012

Case brief

AI extract

What is this about?

The High Court directed the Government to strictly comply with the Single Judge's order for appointments within the stipulated timeframe, deferring all merit challenges to the lower court for swift disposal before the academic year closes.

What did the court decide?

Directing the Government to comply with the Single Judge's order within the stated time and remitting all merit issues to the original Writ Petition for immediate disposal.

Nair Service Society Vs the State of Kerala — Education and Admissions | 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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THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933 WA.No. 498 of 2012 () IN WPC/29383/2011 ---------------------------------------AGAINST THE ORDER IN WPC.29383/2011 DATED 01-03-2012

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APPELLANT/PETITONER:

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NAIR SERVICE SOCIETY CHANGANASSERY, REPRESENTED BY ITS GENERAL SECRETARY HEAD OFFICE, PERUNA, CHANGANASSERY-686102.

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BY ADVS.SRI.R.T.PRADEEP SRI.P.BIJIMON SRI.SREEKANTH S.NAIR

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RESPONDENTS/RESPONDENTS:

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THE STATE OF KERALA

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REPRESENTATIVE BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION (J) DEPARTMENT, SECRETARIAT

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THIRUVANANTHAPURAM-1.

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THE DIRECTOR OF PUBLIC INSTRUCTION

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THIRUVANANTHAPURAM-1.

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BY G.P. SRI.GEORGE MECHERIL

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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ANNEXURE I: TRUE COPY OF G.O.(P) NO.10/10/G.EDN. DEPARTMENT DT.12.1.2010.

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ANNEXURE II: TRUE COPY OF ORDER DT.2.12.2011 OF DEO, THIRUVALLA. ANNEXURE III: TRUE COPY OF ORDER DT.6.2.2012 OF DEO, KOLLAM.

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ANNEXURE IV: TRUE COPY OF ORDER DT.31.1.2012 OF AEO, NILAMBOOR. ANNEXURE V: TRUE COPY OF ORDER DT.9.12.2011 OF DEO, PATHANAMTHITTA. ANNEXURE VI: TRUE COPY OF ORDER DT.28.12.2011 OF DEO, PATHANAMTHITTA. ANNEXURE VII: TRUE COPY OF ORDER DT.21.11.2011 OF DEO, THIRUVALLA. ANNEXURE VIII: TRUE COPY OF ORDER DT.14.2.2012 OF DEO, CHERTHALA.

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ANNEXURE IX: TRUE COPY OF ORDER DT.14.2.2012 OF DEO, CHERTHALA.

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ANNEXURE X: TRUE COPY OF APPOINTMENT ORDER DT.27.6.2011 ISSUED BY ASSISTANT EDUCATIONAL OFFICER, THALIPARAMBA.

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ANNEXURE XI: TRUE COPY OF ORDER DT.5.3.2012 OF GENERAL EDUCATION(K) DEPARTMENT.

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TRUE COPY

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P.S. TO JUDGE

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C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.

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.................................................................... Writ Appeal No.498 of 2012 .................................................................... Dated this the 15^th day of March, 2012.

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JUDGMENT

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Ramachandran Nair, J.

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Order under challenge is one issued by the learned Single Judge directing Government to take decision on petitioner's application within one month from date of order which is 1.3.2012. In fact, Government is bound to pass order atleast by 1^st April which is only two weeks away. Further, there was already direction to the Government on 25.1.2012 itself for passing orders on petitioner's request to permit them to make appointments in the vacancies arising in the schools. Since the academic year is coming to a close and since the

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management has to take decision in April-May for making appointments from next academic year, we direct Government to comply with the learned Single Judge's order strictly within the time stated therein. All other issues on merit such as appointments made and approvals pending can be raised before the learned Single Judge in the W.P.(C). The learned Single Judge should also dispose of W.P.(C)

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W.A. 498/2012

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immediately after the Government passes the order which also can be brought to the notice of the Single Judge in the first week of April. If possible, the W.P.(C) should be disposed of before closure of the court because it will be too late for the management to appoint persons after reopening of the court for the next academic year.

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C.N.RAMACHANDRAN NAIR Judge

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BABU MATHEW P. JOSEPH Judge

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pms

Nair Service Society v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Nair Service Society v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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