Disposed

The Manager, Kambil Mopila Higher Secondary School v. State of Kerala

Kerala HC1 Dec 2014WP(C)/28304/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a school manager challenging the refusal to approve teacher appointments. The Court directed the first respondent to consider the petitioner's revision while affording an opportunity of hearing to the objecting teacher.

What did the court decide?

Petitioner directed to file revision before the first respondent; authority to consider it after hearing the petitioner and eighteenth respondent within four months.

The Manager, Kambil Mopila Higher Secondary School Vs… — Service and Employment | Kerala HC (2014)

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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 DAMA SESHADRI NAIDU

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MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936

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WP(C).No. 28304 of 2014 (K)

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PETITIONER(S):

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THE MANAGER, KAMBIL MOPILA HIGHER SECONDARY SCHOOL, PO KOLACHERY, KANNUR DISTRICT-670601.

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BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

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RESPONDENT(S):

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1. STATE OF KERALA

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670001.

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3. SUSHAKUMARI.T.,

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HSA(ENGLISH) KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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4. SARITHA.K.

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HSA(ENGLISH) KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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5. MUSHEENA.C.K.

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HSA(ENGLISH) KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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6. SAJULA R.K.

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HSA(ENGLISH) KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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7. SEEMA C.V. HSA(MATHS) KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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8. SHEENA.K.R., AGED 40 YEARS W/O. K.P. SANTHOSH, K.C. NIVAS, PUZHATHI PO CHIRAKKEL KANNUR DISTRICT.

....2/-

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WP(C).No. 28304 of 2014 (K)

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9. HEAD MASTER KAMBIL MOPILA HIGH SCHOOL PO, KOLACHERY KANNUR DISTRICT-670601.

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R1 & 2 BY GOVERNMENT PLEADER SMT.LOWSY.A.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28304 of 2014 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 1-12-11 WITH COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT.

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P2. TRUE COPY OF THE APPOINTMENT ORDER DATED 5-6-2013.

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P3. TRUE COPY OF THE APPOINTMENT ORDER DATED 6-6-2013. ISSUED TO THE 5TH RESPONDENT.

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P4. TRUE COPY OF THE APPOINTMENT ODER DATED 3-6-2013. ISSUED TO RESPONDENT NO.6

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P5. TRUE COPY OF THE APPOINTMENT ORDER DATED 3-6-2013 ISSUED TO RESPONDENT NO.7.

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P6. TRUE COPY OF THE FRONT PAGE OF THE SSLC BOOK OF 8TH RESPONDENT. P7. TRUE COPY OF THE LETTER DATED 1-1-2001 SUBMITTED BY THE 8TH RESPONDENT.

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P8. TRUE COPY OF THE ORDER DATED 13-6-2002 ISSUED BY THE 1ST RESPONDENT.

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P9. TRUE COPY OF THE APPLICATION DATED 10-12-2006.

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P10. TRUE COPY OF THE ORDER DATED 27-9-2007.

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P11. TRUE COPY OF THE ORDER NO. B3/2598/12 DATED 9-7-2013 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.

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P12. TRUE COPY OF THE GO (P) NO. 12/99 P & ARD DATED 24-5-1999.

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P13. TRUE COPY OF THE ORDER NO.B3/166/14 DATED 1/11/14 PASSED BY R2

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P14. TRUE COPY OF THE ORDER NO.B3/167/14 DATED 1/11/14 PASSED BY R2

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P15. TRUE COPY OF THE ORDER NO.B3/163/14 DATED 1/11/14 PASSED BY R2 P16. TRUE COPY OF THE PROCEEDINGS ORDER NO.B3/164/14 DATED 1/11/14 OF THE DISTRICT EDUCATIONAL OFFICER, THALIPARAMBA

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P17. COPY OF THE ORDER NO.B3/163/14 DATED 1/11/14 OF THE DISTRICT EDUCATIONAL OFFICER, THALIPARAMBA

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WP(C).No. 28304 of 2014 (K)

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P18. COPY OF THE REVISION PETITION DATED 17/11/14 SENT BY THE PETITIONER THROUGH REGISTERED SPEED POST.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

DAMA SESHADRI NAIDU, J.

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W.P.(c) No. 28304 of 2014

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Dated this the 01^st day of December, 2014

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

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Briefly stated, the petitioner, the Manager of Kambil Mapila Higher Secondary School, Kolachery, Kannur District, appointed respondents 3 to 7 as High School Assistants, and later sought approval of their appointment. At that juncture, the eighth respondent raised an objection claiming to be a beneficiary under Rule 51B of KER. In that context, the approval sought by the Manager was refused by the respondent authorities. Eventually, the petitioner is said to have filed Exhibit P18 revision before the first respondent.

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W.P.(c) No. 28304 of 2014

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Complaining of its non-disposal, the petitioner filed the present writ petition.

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It appears that the eighth respondent pressing her claim under Rule 51B of KER also filed W.P. (C) No. 21879 of 2013 which was disposed of on 14.11.2014 by this Court with a direction to the first respondent to consider her claim. The present claim on the part of the petitioner Manager is inter-connected.

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Accordingly, in the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, without adverting to the merits of the matter, this Court disposes of the present writ petition with a direction to the first respondent to consider Exhibit P18 representation of the petitioner in accordance with law, after affording an opportunity of hearing to the eighth respondent

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as well as the petitioner, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. If the revision filed by the eighth respondent has so far not been disposed of, the first respondent may

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W.P.(c) No. 28304 of 2014

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consider disposing of both the revisions together after hearing all the parties concerned.

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With the above observation, this writ petition is

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disposed of.

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DAMA SESHADRI NAIDU JUDGE

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DMR/-

The Manager, Kambil Mopila Higher Secondary School v. State of Kerala

Case brief

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The Manager, Kambil Mopila Higher Secondary School v. State of Kerala

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