Disposed

The Manager v. the State of Kerala

Kerala HC21 Jun 2019WP(C)/16417/2019

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What is this about?

The Court disposed of a writ petition challenging the rejection of appointment approval for a physical education teacher. It directed the Deputy Director of Education to consider the pending appeal filed by the school manager, affording an opportunity of hearing to the petitioners and the concerned full-time menial within six weeks.

What did the court decide?

Directed the 3rd respondent to consider Ext.P20 appeal and pass orders after hearing petitioners and 5th respondent within six weeks.

The Manager Vs the State of Kerala — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 21ST DAY OF JUNE 2019 / 31ST JYAISHTA, 1941

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WP(C).No.16417 of 2019

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PETITIONER:

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1 THE MANAGER, TMV HIGHER SECONDARY SCHOOL, PERIMPILAVU, VIA KUNNAMKULAM, THRISSUR DISTRICT – 680 519.

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2 JUDITH MARY DASAN, PHYSICAL EDUCATION TEACHER, TMV HIGHER SECONDARY SCHOOL, PERIMPILAVU, VIA KUNNAMKULAM, THRISSUR DISTRICT – 680 519.

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BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE-II, THIRUVANANTHAPURAM – 695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTION/ DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM – 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOL – 680 003.

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4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT – 680 506.

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5 SRI.C.C.CLEMENT, FULL TIME MENIAL, TMV HIGHER SECONDARY SCHOOL, PERIMPILAVU, VIA KUNNAMKULAM, THRISSUR DISTRICT – 680 519.

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BY ADV. SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.16417/2019

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JUDGMENT

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Aggrieved by Ext.P19 order passed by the DEO rejecting approval to the appointment of

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the 2^nd petitioner, the 1^st petitioner has submitted Ext.P20 appeal before the 3^rd respondent.

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Therefore the writ petition is disposed of directing the 3^rd respondent to consider and pass orders on Ext.P20 appeal, after affording an opportunity of hearing to petitioners and 5^th respondent, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/-

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P.V.ASHA, JUDGE.

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WP(C) NO.16417/2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY SRI.DENNY JOB K.
EXHIBIT P2	TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2018.
EXHIBIT P3	TRUE COPY OF THE JOINING REPORT IN RESPECT OF THE 2ND PETITIONER DATED 01.06.2018.
EXHIBIT P4	TRUE COPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION, 2010 DATED 28.05.2010 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION TO THE 2ND PETITIONER.
EXHIBIT P5	TRUE COPY OF THE CERTIFICATE OF SENIOR SCHOOL CERTIFICATE EXAMINATION, 2012 DATED 28.05.2012 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION TO THE 2ND PETITIONER.
EXHIBIT P6	TRUE COPY OF THE CERTIFICATE OF BACHELOR OF PHYSICAL EDUCATION OF THE 2ND PETITIONER DATED 10.03.2017 ISSUED BY UNIVERSITY OF CALICUT.
EXHIBIT P7	TRUE COPY OF THE PROVISIONAL CERTIFICATE OF THE 2ND PETITIONER ISSUED BY UNIVERSITY OF CALICUT DATED 30.01.2018.
EXHIBIT P8	TRUE COPY OF THE CERTIFICATE OF MASTER OF PHYSICAL EDUCATION ISSUED BY UNIVERSITY OF CALICUT DATED 18.09.2018 TO THE 2ND PETITIONER.
EXHIBIT P9	TRUE COPY OF THE K.TET ELIGIBILITY CERTIFICATE DATED 24.11.2018 ISSUED BY GOVERNMENT TO THE 2ND PETITIONER.
EXHIBIT P10	TRUE COPY OF THE REPLY FURNISHED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT VIDE LETTER DATED 12.06.2018.
EXHIBIT P11	TRUE COPY OF THE HEARING NOTE FURNISHED BY
	THE 1ST PETITIONER BEFORE THE DISTRICT
	EDUCATIONAL OFFICER, DATED 04.05.2019.

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WP(C) NO.16417/2019

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EXHIBIT P12	TRUE COPY OF PERTAINING TO THE	THE SPARK DATA SHEET 5TH RESPONDENT.
EXHIBIT P13	TRUE COPY OF TH SERVICE BOOK OF TH	E RELEVANT PAGE OF THE E 5TH RESPONDENT.
EXHIBIT P14	TRUE COPY OF THE S HEADMISTRESS AS ON	TAFF LIST DRAWN UP BY THE 01.06.2018.
EXHIBIT P15	TRUE COPY OF THE RESPONDENT BEFORE 10.12.2018.	SUBMISSION MADE BY 5TH THE HEADMISTRESS DATED
EXHIBIT P16	TRUE COPY OF THE THE 5TH RESPONDENT UNIVERSITY DATED 1	CERTIFICATE OF B.P.ED OF ISSUED BY MAHATMA GANDHI 4.11.2018.
EXHIBIT P17	TRUE COPY OF THE C THE 1ST PETITIONER 2018 DATED 11.07.2	OUNTER AFFIDAVIT FILED BY HEREIN IN WP(C)NO.20276/ 018, WITHOUT EXHIBITS.
EXHIBIT P18	TRUE COPY OF 2018/K.DIS DATED 4TH RESPONDENT.	THE ORDER NO.B5/4746/ 30.05.2019 ISSUED BY THE
EXHIBIT P19	TRUE COPY OF 2018/K.DIS DATED RESPONDENT.	THE ORDER NO.B5/4671/ 31.05.2019 ISSUED BY 4TH
EXHIBIT P20	TRUE COPY OF THE FILED BY THE 1ST RESPONDENT.	APPEAL DATED 04.06.2019 PETITIONER BEFORE THE 3RD

The Manager v. the State of Kerala

Case brief

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The Manager v. the State of Kerala

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