Kurukkat Karunakara Kurup v. the State of Kerala
Case brief
What is this about?
The Court disposed of two writ petitions challenging government orders refusing approval of a school manager's appointment as a Full Time Arabic Teacher. Holding that the ban on appointments was lifted and student strength justified the post, the appointments were set aside with relief to approve the contract retrospectively.
What did the court decide?
Impugned orders set aside. Appointment of the petitioner as Arabic Teacher approved retrospectively with effect from 01.09.2004.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 3825 of 2008 (E)
PETITIONER(S) :
KURUKKAT KARUNAKARA KURUP,
AGED 59 YEARS, S/O.A.K.KUNHIRAMAN NAMBIAR, MANAGER, VILLIAPALLI U.P.SCHOOL, THODANNUR SUB DISTRICT, VADAKARA (RESIDING AT RAMANILAYAM, POST VILLIAPALLY, VADAKARA, KOZHIKODE DISTRICT).
BY ADV. SRI.V.A.MUHAMMED
RESPONDENT(S) :
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.
Issues for consideration
3 issues framed by the court
Whether the appointment of the Manager as a Full Time Arabic Teacher made in 2004 was liable to be approved in light of the ban on new posts being lifted in 2005.
Whether student strength and staff fixation orders justified the lack of prior approval for the appointment.
Whether relief should be granted to the petitioner for appointment with effect from the date of initial appointment.
Parties & counsel
- petitioner
Kurukkat Karunakara Kurup
- respondent
State of Kerala
- respondent
A.T. Abdul Jaleel
Coram
Case details
As recorded by the court registry
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