Disposed
Merlin Cyriac v. the Karuna Speech and Hearing Higher Secondary School
Kerala HCWP(C)/28395/2020
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
WP(C).No.28395 OF 2020(Y)
PETITIONERS:
1 MERLIN CYRIAC (HSST COMPUTER SCIENCE), AGED 40 YEARS PALAMTHATTEL (H), D/4-105, C.H.COLONY, MARIKKUNNU P.O., KOZHIKODE DISTRICT, PIN-673012.
2 ANJALI E., (HSST PHYSICS), EZHUKALATHIL (H), PAYIMBRA, KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN-673571.
3 DR. SAVITHA K., (HSST MATHS), UMMOLY, ANJANAM (H), P.O.KOTTAMPARAMBA, CHELAVUR, KOZHIKODE DISTRICT, PIN-673008.
4 PRAJEESH V.C., (HSST CHEMISTRY), VATTAPARAKKAL (H), NANMINDA (P.O.), KOZHIKODE DISTRICT, PIN-673613.
5 RESHMA N.K., (HSST MALAYALAM), MUTHALAKUNDU NILAM, POOVATTUPARAMBU (PO), KOZHIKODE DISTRICT, PIN-673008.
6 ARUNIMA V.P., (HSST ENGLISH), KRISHNAPRIYA (H), NANGOLATHKANDY, CHEVAYUR (PO), KOZHIKODE DISTRICT,PIN-673017.
BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE KARUNA SPEECH & HEARING HIGHER SECONDARY SCHOOL (INSTITUTION UNDER THE SOCIETY OF THE DAUGHTERS OF OUR LADY OF MERCY, POOMALA), REPRESENTED BY ITS MANAGER, ERANHIPALAM, KOZHIKODE, KERALA, PIN-673006.
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THE KARUNA SPEECH & HEARING HIGHER SECONDARY SCHOOL (INSTITUTION UNDER THE SOCIETY OF THE DAUGHTERS OF OUR LADY OF MERCY, POOMALA), ERANHIPALAM, KOZHIKODE, KERALA, PIN-673006.
R4 TO R6 BY SMT. NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of December 2020
Six Higher Secondary School Teachers working in the 1st respondent – the Karuna Speech & Hearing Higher Secondary School – which is managed by the 2nd respondent Manager, has approached this Court, seeking a direction to respondents 5 and 6 to create posts of Higher Secondary School Teachers, in various subjects, in the said school with effect from the academic year 2014-15.
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Pleader – Smt. Nisha Bose submitted that there does not appear to be any legal impediment in the consideration of the proposal submitted by the 5th respondent – Director before the State of Kerala, which is reflected in Ext.P15 order and that this can be done after affording an opportunity of being heard to the Manager of the school, as expeditiously as is possible. She, however, prayed that this Court may not make any affirmative declarations in favour of the petitioners, and leave it to the competent Secretary of the Government to take an appropriate decision thereon, as per law.
Needless to say, if after the afore exercise, the posts
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are created, then the approval of the petitioners’ appointments will also be considered and all necessary benefits be granted to them without any further delay thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
DK
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APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE ORDER G.O. (MS)NO.108/2014/G.EDN. DATED 17.6.2014 ISSUED BY THE 6TH RESPONDENT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE ORDER NO.ACD.C3/25665/2014/H.S.E. DATED 19.6.2014 ISSUED BY THE 5TH RESPONDENT ACCORDING SANCTION FOR 'SCIENCE BATCH'. |
| EXHIBIT P3 | A TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 7.7.2014. |
| EXHIBIT P4 | A TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MADHYAMAM DAILY DATED 28.6.2017. |
| EXHIBIT P5 | A TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MADHYAMAM DAILY DATED 4.6.2019. |
| EXHIBIT P6 | A TRUE COPY OF THE G.O. (MS)NO.993/2016/GEN.EDN DATED 4.3.2016 ISSUED BY THE 6TH RESPONDENT. |
| EXHIBIT P7 | A TRUE COPY OF THE G.O. (MS)NO.2036/2019/GEN.EDN.DEP DATED 31.5.2019 ISSUED BY THE 6TH RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE REQUEST DATED 26.6.2019, SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE REQUEST DATED 26.6.2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 5TH RESPONDENT. |
| EXHIBIT P10 | A TRUE COPY OF COMMUNICATION DATED 19.7.2019 ISSUED BY THE 4TH RESPONDENT ALONG WITH REQUEST SUBMITTED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. |
| EXHIBIT P11 | A TRUE COPY OF G.O. |
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| (MS)NO.61/2017/GEN.EDN. DATED 24.6.2017 ISSUED BY THE 6TH RESPONDENT. |
|
|---|---|
| EXHIBIT P12 | A TRUE COPY OF THE G.O. (MS)NO.14/2019/GEN.EDN.DATED 6.2.2019 ISSUED BY THE 6TH RESPONDENT. |
| EXHIBIT P13 | A TRUE COPY OF THE JUDGMENT DATED 5.9.2019 IN WP(C)NO.24299 OF 2019. |
| EXHIBIT P14 | A TRUE COPY OF THE NOTICE DATED 16.11.2019 BEARING NO.ACDC3/166123/HSE/19. |
| EXHIBIT P15 | A TRUE COPY OF THE ORDER DATED 4.12.2019 PASSED BY THE 5TH RESPONDENT BEARING NUMBER ACD.C3/166323/HSE/2019. |
| EXHIBIT P16 | A TRUE COPY OF THE REMINDER DATED 11.9.2020 SENT BY THE PETITIONERS TO THE 6TH RESPONDENT. |
| EXHIBIT P17 | A TRUE COPY OF THE SCREENSHOT OF THE 3RD PETITIONER'S MAIL ACCOUNT. |
RESPONDENTS' EXHIBITS: NIL
Colour shows how this judgement treated each authority
WP(C).No.24299 OF 2019Referred¶31
Ext.P13 judgment dated 5.9.2019
MERLIN CYRIAC
ANJALI E.
DR. SAVITHA K.
PRAJEESH V.C.
RESHMA N.K.
ARUNIMA V.P.
DEVAN RAMACHANDRAN
As recorded by the court registry
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