Dismissed

Adakkudi Subair v. the Director of Public Instruction

Kerala HC6 Aug 2018WA/1637/2018

Case brief

AI extract

What is this about?

The Division Bench dismissed an appeal filed by Adakkudi Subair against a single judge order that set aside an appointment order passed without an opportunity of hearing. The court held no prejudice was caused by the lack of explicit clarification regarding the civil suit pendency, as educational authorities must abide by civil court decisions.

What did the court decide?

The writ appeal was dismissed; the impugned order of the single Judge was upheld.

Adakkudi Subair Vs the Director of Public Instruction — Education and Admissions | Kerala HC (2018)

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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 K.SURENDRA MOHAN &

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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MONDAY, THE 6TH DAY OF AUGUST 2018 / 15TH SRAVANA, 1940 WA.No. 1637 of 2018 IN WPC. 24272/2018

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AGAINST THE ORDER/JUDGMENT IN WP(C) 24272/2018 of HIGH COURT OF KERALA DATED 19-07-2018

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APPELLANT(S)/PETITIONER

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ADAKKUDI SUBAIR, REPRESENTED BY POWER OF ATTORNEY HOLDER, MOHAMMED ISMAIL, S/O. ABDURAHIMAN, AGED 36 YEARS, RESIDING AT NEROTH HOUSE, POST KATTAMERI, KOZHIKODE DISTRICT - 673 542.

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BY ADVS.SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR

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RESPONDENT(S)/RESPONDENTS:

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

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THE ASSISTANT EDUCATIONAL OFFICER, CHOMBALA, KOZHIKODE DISTRICT - 673 308.

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MUHAMMED T.V., THERAYAMVELI HOUSE, P.O.KUNINGAD, KOZHIKODE DISTRICT - 673 503.

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R1 AND 2 BY GOVERNMENT PLEADER SHRI A.J.VARGHESE R3 BY SRI.P.B.KRISHNAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.Surendra Mohan & Shircy V., JJ.

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- - - - - - - - - - - - - - - - - - - - - -- - - W.A.No.1637 of 2018

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- - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6^th August, 2018

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JUDGMENT

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K.Surendra Mohan, J.

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The petitioner in W.P.(C) No.24272 of 2018 is in appeal against the judgment of the learned Single Judge dated 19.7.2018 disposing of the writ petition. We notice that, the relief prayed for in the writ petition was to quash Ext.P6 order dated 10.7.2018 of the second respondent and for a further direction to the said respondent to act as the Manager of Muthuvadathur M.U.P. School till the disposal of O.S.No.156 of 2017 pending before the Munsiff's Court, Nadapuram. The learned single Judge has found that Ext.P6 order was not sustainable, for the reason that, the same was passed without affording an opportunity of being heard to the appellant herein. Therefore, the said order has been set aside and the Assistant Educational Officer has been directed to pass fresh orders in the matter. In the result, the appellant has been granted the relief that he has sought for in the writ petition.

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In view of the above, we do not find that any prejudice has been caused to the appellant by the judgment appealed against. The only contention put-forward before us is that, the learned Single Judge

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WA 1637/2018

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has not made it clear that the order to be passed by the second respondent would be subject to the result of the suit that is pending. We do not find that, any such clarification is necessary to be issued,

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for the reason that, the educational authorities would necessarily have to abide by the decision of the civil court in which the second respondent is also a party. We do not find any ground to admit this appeal. The same is accordingly dismissed.

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Sd/-

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(K.Surendra Mohan, Judge)

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Sd/(Shircy V., Judge)

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kav/

Adakkudi Subair v. the Director of Public Instruction

Case brief

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Adakkudi Subair v. the Director of Public Instruction

Case brief

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