Allowed

Rayes v. State of Kerala

Kerala HC9 Nov 2016WP(C)/22534/2013

Case brief

AI extract

What is this about?

In a writ petition challenging non-confirmation as a school watchman, the High Court of Kerala found the matter settled. The court directed the District Educational Officer to process the manager's ratification of the petitioner's appointment without delaying further action.

What did the court decide?

Directed the 3rd respondent to take up the proposal for approval of the petitioner's appointment and pass orders within one month.

Rayes Vs State of Kerala — 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938

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WP(C).No. 22534 of 2013 (N)

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PETITIONER(S):

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RAYES V.S., VADASSERY HOUSE, ERANELLUR P.O., MAZHUVANCHERY, THRISSUR.

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BY ADV. SMT.REKHA VASUDEVAN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014.

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3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-695 014.

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4. THE CORPORATE MANAGER,

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C.M.S. CORPORATE MANAGEMENT(COCHIN AREA), ROUND WEST, THRISSUR-680 001.

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5. THE HEADMASTER,

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SNEHALAYAM, CSI HS FOR DEAF, (CHURCH OF SOUTH INDIA HIGH SCHOOL FOR DEAF) KUNNAMKULAM, THRISSUR DISTRICT-680 503.

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6. THE BISHOP OF CHURCH OF SOUTH INDIA, NORTH KERALA DIOCESE, CSI DIOCESAN OFFICE, SHORNUR-679 121.

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R1-R3 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKER R4-R6 BY ADV. SRI.P.V.KUNHIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22534 of 2013 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1. A TRUE COPAY OF THE ADVERTISEMENT APPEARED IN MALAYALA MANORAMA DAILY DATED 30-9-2012 INVITING APPLICATIONS FOR THE POST OF WATCHMAN AT SCVHOOL OF THE FOURTH RESPONDENT.

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P2. A TRUE COPY OF THE ORDER NO. MC-10/CA DATED 1-7-2013 ISSUED BY THE 4TH RESPONDENT.

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P3. A TRUE COPY OF THE COMMUNICATION NO.MC-10/13/CA DTD.1.7.2013, ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

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P4. A TRUE COPY OF THE JUDGMENT DATED 24-7-2013 IN WRIT PETITION (CIVIL) NO. 17002/2013 PASSED BY THE HON'BLE HIGH COURT OF KERALA

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P5. A TRUE COPY OF ORDER NO. CA/APT-03/2013 DATED 20-8-2013 ISSUED BY THE 4TH RESPONDENT.

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P6. A TRUE COPY OF THE PETITION DAGTED 6-9-2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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P7. TRUE COPY OF THE ORDER NO.EC4/18186/15/D.P.I/K.DIS DTD.15.5.2015 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS.

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P8. TRUE COPY OF THE ORDER NO.EC4/59009/13/DPI DTD.24.6.2013 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS.

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P9 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 15.5.2013' OF THE ADVISORY BOARD OF CMS CORPORATE MANAGEMENT IN COCHIN AREA.

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P10 TRUE COPY OF THE LETTER NO.B6-8559/15 DTD.17.11.2015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

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P11 TRIE COPY OF THE ORDER NO.EC(3)28076/16/DPI DTD.27.5.2016 ISSUED BY THE 2ND RESPONDENT.

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P12 TRUE COPY OF THE LETTER DTD.18.6.2016 ADDRESSED BY THE MANAGER TO THE 3RD RESPONDENT.

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WP(C).No. 22534 of 2013 (N)

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RESPONDENT(S)' EXHIBITS

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EXT.R4(a): TRUE COPY OF THE CONSTITUTION OF THE CORPORATE MANAGEMENT OF THE DIOCESAN SCHOOLS IN NORTH KERALA DIOCESE OF THE CHURCH OF SOUTH INDIA.

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EXT.R4(b): TRUE COPY OF THE LETTER NO.EC4/59009/12/DPI DTD.7.11.2012.

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EXT.R4(c): TRUE COPY OF THE LETTER NO.EC4/59009/2012/DPI DTD.7.11.2012.

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EXT.R4(d): TRUE COPY OF THE ORDER IN CMA NO.53/2013 DTD.1.7.2013. EXT.R4(e): TRUE COPY OF THE JUDGMENT IN OPC.NO.2372/2013 DTD.17.7.2013.

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EXT.R4(f): TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT IN S.L.P.NO.24738/2013 DTD.2.9.2013.

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EXT.R4(g): TRUE COPY OF THE LETTER DTD.7.8.2013 OF THE HONOURABLE BISHOP. CSI NORTH KERALA DIOCESE.

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EXT.R4(h): TRUE COPY OF THE LETTER DTD.12.8.2013 OF THE CORPORATE MANAGER TO THE BISHOP.

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EXT.R4(i): TRUE COPY OF THE LETTER DTD.19.8.2013 FROM THE HONOURABLE BISHOP TO THE DEPONENT.

//TRUE COPY//

P.S.TO JUDGE

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ANU SIVARAMAN, J.

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W.P(C).No. 22534 of 2013

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----------------------------------------------Dated this the 9^th November, 2016

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JUDGMENT

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It is submitted by the learned counsel for the respondents that the matter has been settled between the parties and the Manager of the School has decided to ratify and confirm the appointment of the petitioner as watchman in the school and has also informed the District Educational Officer that there is no objection to confirm the appointment of the petitioner. In the above view of the matter, this writ petition is disposed of directing the 3^rd respondent to take up the proposal for approval of appointment of the petitioner and pass orders thereon within one month from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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ANU SIVARAMAN JUDGE

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vgs10/11

Rayes v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rayes v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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