Allowed

State of Kerala v. Sheenamol Mathew

Kerala HC2 Mar 2016WA/1291/2015

Case brief

AI extract

What is this about?

Single judge judgment dismissed teachers' challenge to lack of appointment approval. High Court allowed appeals, directing District Educational Officer to reconsider appointment approvals for teachers under new Government Order within three months.

What did the court decide?

Orders passed for reconsideration of appointment approval of respondents by District Educational Officer within three months.

State of Kerala Vs Sheenamol Mathew — Education and Admissions | Kerala HC (2016)

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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 ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE A.HARIPRASAD

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WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937

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W.A.No.1291 of 2015 IN WP(C).21949/2014

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AGAINST THE JUDGMENT IN WP(C) 21949/2014 of HIGH COURT OF KERALA DATED 17-03-2015

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APPELLANTS/RESPONDENTS 1 TO 4 IN WPC:

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STATE OF KERALA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM, PIN - 695 014.

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THE DEPUTY DIRECTOR OF EDUCATION IDUKKI, THODUPUZHA, PIN - 685 001.

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THE DISTRICT EDUCATIONAL OFFICER KATTAPPANA - 685 508.

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BY SPL. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD

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RESPONDENTS/PETITIONER & 5TH RESPONDENT IN WPC:

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SHEENAMOL MATHEW SEWING TEACHER, ST.ANTONY'S HIGH SCHOOL, VANDANMEDU IDUKKI - 685 001.

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THE CORPORATE MANAGER CORPORATE MANAGEMENT OF SCHOOLS DIOCESE OFKANJIRAPPALLY, PASTORAL CENTRE KANJIRAPPALLY -686 507.

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R1 BY ADV. SRI.KALEESWARAM RAJ R2 BY SRI.JIJI THOMAS

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02-03-2016 ALONG WITH W.A.NOS.1752/15 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC & A.HARIPRASAD, JJ.

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

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Writ Appeal Nos.1291, 1305, 1375, 1731, 1747, 1751, 1752 of 2015

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of March, 2016

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JUDGMENT

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Antony Dominic, J.

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Issues raised in these appeals are common and therefore these cases are disposed of by this common judgment treating W.A.1291/2015 as the leading case. Writ Appeal No.1291 of 2015 is filed by the official respondents in W.P.(C)21949/14 challenging the judgment of the learned Single Judge.

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It is seen that the respondent in W.A.1291/2015 was appointed as a Sewing Teacher with effect from 5.6.2012. However, that appointment was not approved in the light of the provisions contained in G.O.(P) No.199/2011/G.Edn. dated 1.10.2011. Subsequently, Government issued G.O.(P)No.29/16/G.Edn. dated, 29.1.2016. As per this Government Order, appointment of Specialist teachers are permitted to be made in terms of the Kerala Education Act and the Rules subject to satisfying the prescribed qualifications and other parameters, and such appointments are also allowed to be considered for approval.

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The subject matter involved in W.A.Nos.1305, 1375, 1731, 1747, 1751, 1752 of 2015 are also similar and the appointments which are the subject matter therein were made with effect from 4.6.2012. Similarly, the

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Writ Appeal Nos.1291, 1305, 1375, 1731, 1747, 1751, 1752 of 2015

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: 2 :

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appointment which is the subject matter in W.A.1747/15 was made with effect from 7.6.2012 and the appointment which is the subject matter in W.A.1752/15 was made with effect from 5.7.2012. These appointments were also not approved for the same reason and are to be considered for approval in the light of the provisions contained in the G.O.(P) No.29/16/G.Edn. dated, 29.1.2016.

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In the light of the above, these writ appeals are disposed of directing the 4^th appellant, the District Educational Officer concerned, to reconsider the request for approval of appointment of the respondents/teacher concerned in the light of the G.O.(P)No.29/16/G.Edn. dated, 29.1.2016. Orders thereon shall be passed as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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Writ appeals are disposed of accordingly.

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Sd/-

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ANTONY DOMINIC JUDGE

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Sd/- A.HARIPRASAD JUDGE

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State of Kerala v. Sheenamol Mathew

Case brief

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State of Kerala v. Sheenamol Mathew

Case brief

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