Partly allowed

C.D.Ouseph v. the State of Kerala

Kerala HC7 Jun 2019WP(C)/3684/2019

Case brief

AI extract

What is this about?

The court directed the State of Kerala to consider a fresh appeal by the petitioner for appointment as Principal in an aided higher secondary school, adhering to a specific 1:2 ratio rule between Head Masters and HSSTs and relying on a Full Bench judgment.

What did the court decide?

Direction to the 1st Respondent to consider the petitioner's appeal (Ext.P4) and pass orders after hearing.

C.D.Ouseph Vs the State of Kerala — Education and Admissions | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

¶5

WP(C).No. 3684 of 2019

¶6

PETITIONER:

¶7

C.D.OUSEPH AGED 55 YEARS

¶8

SON OF DEVASSY, HEADMASTER AND PRINCIPAL-IN-CHARGE, ST.AUGUSTINE'S HIGHER SECONDARY SCHOOL, KUTTANELLUR,THRISSUR DISTRICT-680 014.

¶9

BY ADV. SRI.V.A.MUHAMMED

¶10

RESPONDENTS:

¶11

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM DISTRICT-682 024. 4 THE MANAGER, ST.AUGUSTINES HIGHER SECONDARY SCHOOL, KUTTANELLUR,THRISSUR DISTRICT-680 014. 5 SRI.DENNIS AKKARA, HIGHER SECONDARY SCHOOL TEACHER(MATHS), ST.AUGUSTINE'S HIGHER SECONDARY SCHOOL, KUTTANELLUR,THRISSUR DISTRICT-680 014.

¶12

*** ADDL.R6 DHANYA P.Y. AGED 32 YEARS D/O P.N YEGNESWARAN, PUTHEN MADOM, CHEROTTOOR, MARISERY, OTTAPPALAM, PIN-679 521. * ADDL.R7 CHITHRA K.S AGED 40 YEARS, W/O BINU M.R, KOTTIL VALAPPIL HOUSE, KOTTAPPURAM, THRISSUR, PIN-680004.**

¶13

WP(C).No. 3684 of 2019

¶14

¶15

*** ADDL.R8 JINCY T.J AGED 38 YEARS, W/O JOHNSON K.A, KAVALAKKATTU HOUSE, KOTTOOR P.O, THRISSUR, PIN-680 013.**

¶16

*** ADDL.R9 DIVYA K.S AGED 34 YEARS W/O K.A AJITH, KOTTILIKKAL HOUSE, POTTOR, MULANKUNNATHUKAVU, KOLAZHY, THRISSUR, PIN-680 581.**

¶17

ADDL.R10JINCY P. FRANCIS AGED 34 YEARS W/O BIJU, MANAVALAN HOUSE, PONGANAMKADU, KURICHIKKARA P.O, THRISSUR, PIN-680 028.

¶18

ADDL.R11SHAMMY PAUL

¶19

AGED 45 YEARS W/O JUSTIN PACHAN, NO.IX, GARDEN ENCLAVE, PACHEN HOME, KUTTANELLOOR P.O, THRISSUR, PIN-680 014.

¶20

*** ADDL.R12SONA M.R AGED 37 YEARS W/O BIJU JOHN, MANJALY HOUSE, CHELAKKOTTUKARA, KURIACHIRA P.O, THRISSUR, PIN-680 006.**

¶21

*** ADDL.R13TERIN JACOB AGED 40 YEARS W/O KUNJUKUNJU, PULLIKKOTTIL HOUSE, PAZHANJI, KUNNAMKULAM, THRISSUR, PIN-680 503. * (ADDL.R6 TO R13 ARE IMPLEADED AS PER ORDER DATED 25/03/2019 IN IA.NO.04/2019)**

¶22

BY ADVS. SRI.C.P.UDAYABHANU SRI.A.S.DHEERAJ SRI.P.V.JEEVESH SRI.T.JAYAN SRI.B.UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER

¶23

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

WP(C).No. 3684 of 2019

¶25

¶26

JUDGMENT

¶27

The grievance of the petitioner is that despite the fact that he is duly qualified for the appointment as Principal of the Higher Secondary School as per the provisions contained in Chapter XXXII of KER, in the ratio of 1:2 between the Head Master and HSSTs, he is denied promotion as Principal.

¶28

2. It is pointed out that the HSSTs in the school were appointed only in the year 2018 as Higher Secondary course itself was sanctioned to the school as per G.O.(MS) No.106/2017/G.Edn dated 21.08.2017. Therefore, there is no qualified hand among the teachers in the Higher Secondary Section, who are eligible for appointment as Principal.

¶29

3. Pointing out the same and seeking the directions for the appointment of the petitioner as Principal of the school, petitioner has submitted Ext.P4 appeal before Government.

¶30

WP(C).No. 3684 of 2019

¶31

¶32

Therefore there shall be a direction to

¶33

the 1^st respondent to consider and pass orders on Ext.P4, after affording an opportunity of hearing to petitioner and the respondents 4 and 5. While passing orders, Government shall take into consideration of the judgment of the Full Bench of this Court in Aided Higher Secondary School Teachers Association v. State of Kerala : 2005 (1) KLT 94 also. Till a decision is taken, interim order passed on 29.03.2019 directing the 3^rd respondent to release the salary of the staff of the school, shall continue.

¶34

Accordingly, this writ petition is disposed of. Sd/-

¶35

P.V.ASHA, JUDGE.

¶36

¶37

WP(C).No. 3684 of 2019

¶38

¶39

APPENDIX

¶40

PETITIONER'S EXHIBITS:

¶41

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HEASMASTER DATED 01.06.2016. EXHIBIT P2 TRUE COPY OF THE ORDER NO.B3/3904/ RDDE/HSE/17 DATED 20.06.2017 OF THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO.B3/13450/ RDDE/HSE/2018 DATED 31.01.2019 OF THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT DATED 02.02.2019.

C.D.Ouseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

C.D.Ouseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lajish G. Nair Vs State of Kerala

Megha S.Nair Vs the Vice Chancellor, Kerala University of Health Science

Sam.K.Sumesh Vs the Director

The Chairman Vs Union of India

Mount Zion Medical College, Vs Union of India

Sudhindra Kumar Singh Vs Rajni Kant Mishra IPS