Disposed

Shybi v.S., v. State of Kerala

Kerala HC17 Aug 2020WP(C)/10495/2020

Case brief

AI extract

What is this about?

The petitioner, an UPSA, challenged a non-appointment order via a writ petition. The court disposed of the petition after noting that the respondent 5 had filed a review application against the appointment order and directed a balance of opportunity hearing before deciding the review petition.

What did the court decide?

Directed the 2nd respondent to consider the review petition filed by the 5th respondent with an opportunity of hearing to the petitioner within three months.

Shybi v.S., Vs State of Kerala — Education and Admissions | Kerala HC (2020)

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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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MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942

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WP(C).No.10495 OF 2020(J)

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PETITIONER:

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SHYBI V.S., AGED 41 YEARS, W/O. LALAJI C.R., U.P.S.A, K.V.K.V.M.U.P.S., CHERIYAZHEEKKAL, KARUNAGAPPALLY, KOLLAM, RESIDING AT PATTANIAZHIKATHU VEEDU, KUREEPUZHA CHERRY, KAVANAD P.O., KOLLAM – 691 003.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF KERALA, JAGATHY,

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THIRUVANANTHAPURAM – 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM – 691 009.

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4 THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE, KOLLAM – 691 013.

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5 THE ASISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY, KARUNAGAPPALLY P.O., KOLLAM – 690 518.

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6 THE MANAGER,

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K.V.K.V.M.U.P.S., CHERIYAZHEEKKAL, CHERIYAZHEEKKAL P.O., KARUNAGAPPALLY, KOLLAM-690573.

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BY ADV. SRI.ARAVINDA KUMAR BABU, SENIOR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10495 OF 2020

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JUDGMENT

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The petitioner, who was appointed as a

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UPSA under the 6^th respondent School as per Ext.P1 order, has filed this writ petition seeking direction to the 6^th respondent to implement Ext.P5 order.

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2. The 5^th respondent has filed a counter affidavit stating that Ext.R5(b) petition has been submitted by the 5^th respondent before the 2^nd respondent requesting for a review of Ext.P5 order pointing out that protected teacher is not appointed.

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In the circumstances stated in

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Ext.R5(b), the writ petition is disposed of

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directing the 2^nd respondent to consider

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Ext.R5(b) petition submitted by the 5^th respondent, after affording an opportunity of hearing to the petitioner as well as the 6^th

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WP(C).No.10495 OF 2020

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respondent, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of the judgment.

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Accordingly, the writ petition is

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disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No.10495 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01/09/2016 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE ORDER NO. B1/7049/ 18/K.DIS. DATED 28/12/2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P3 THE TRUE OF THE AFFIDAVIT DATED 30/04/2019 SUBMITTED BY THE 6TH RESPONDENT MANAGER BEFORE THE 5TH RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 5TH RESPONDENT DATED NIL. EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.F4/6183/2019/ DGE DATED 04/03/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6 THE TRUE COPY OF THE APPROVAL APPLICATION FORM SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT IN THE SAMANWAYA WEBSITE PORTAL ON 13/03/2020.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R5(a) TRUE COPY OF THE COVERING LETTER DATED 21/12/2019. EXHIBIT R5(b) TRUE COPY OF LETTER DATED 19/03/2020. EXHIBIT R5(c) TRUE COPY OF THE APPOINTMENT PROPOSAL FROM SAMANWAYA WEB SITE DATED 22/05/2020. EXHIBIT R5(d) TRUE COPY OF CIRCULAR NO.J2/57/2019/G.EDN. DATED 08/03/2019 (EXTRACT).

Shybi v.S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shybi v.S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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