Dismissed

Rehima Musalyarakath v. K.K.George

Kerala HC11 Jan 2021RP/12/2021

Case brief

AI extract

What is this about?

This review petition was filed to contest a judgment regarding the appointment of teachers under the Kerala Right of Children to Free and Compulsory Education (Amendment) Rules 2021, citing retrospective amendments that exempted teachers aged over 50 from specific tests. The bench dismissed the petition for lack of grounds.

What did the court decide?

The review petition is dismissed as there is no ground raised for review of the judgment.

Rehima Musalyarakath Vs K.K.George — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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RP.No.12 OF 2021 IN WP(C). 13534/2020

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AGAINST THE JUDGMENT IN WP(C) 13534/2020(N) OF HIGH COURT OF KERALA

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REVIEW PETITIONER/3RD RESPONDENT IN THE WP(C):

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REHIMA MUSALYARAKATH AGED 52 YEARS TEACHER HEADMISTRESS, AIDED U.P.SCHOOL, IRUMBUCHOL, RESIDING AT AT 'AL-HASNATH', KUTTOOR NORTH, A.R.NAGAR P.O., MALAPPURAM DISTRICT,PIN-676 305

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BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY

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RESPONDENTS/RESPONDENTS:

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1 K.K.GEORGE S/O. KURIAKOSE, TEACHER (UPSA), AUP SCHOOL,IRUMBUCHOALA, RESIDING AT KARIMPEECHI PUTHEN PURAYIL HOUSE, CHELARI-PUTHERIVALAPPIL, P.O.VELIMUKKU, MALAPPURAM DISTRICT,PIN-676 317

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2 MANAGER, AIDEED U.P.SCHOOL, IRUMBUCHOLA, A.R.NAGAR P.O., MALAPPURAM DISTRICT,PIN-676 305

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3 THE ASSISTANT EDUCATIONAL OFFICER, VENGARA P.O., MALAPPURAM-676 304

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4 P.ABDUL AZEEZ, AGED 53 YEARS S/O. MOHAMMED BAPPU PULISSERY, TEACHER (UPSA), AIDED UP SCHOOL, IRUMBUCHOLA, A.R.NAGAR.P.O., MALAPPURAM DISTRICT,PIN-676 305

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RP.No.12 OF 2021 IN WP(C). 13534/2020

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5 R.SREELATHA, AGED 53 YEARS W/O. CHANDRABHANU, TEACHER (UPSA), AIDED UP SCHOOL, IRUMBUCHOLA, A.R.NAGAR.P.O., MALAPPURAM DISTRICT,PIN-676 305

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6 T.SHAHUL HAMEED, AGED 51 YEARS S/O. MAMMED MASTER THARAYIL, TEACHER (UPSA), AIDED UP SCHOOL, IRUMBUCHOLA, A.R.NAGAR.P.O., MALAPPURAM DISTRICT,PIN-676 305

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7 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001

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R-SRI. R.SURENDRAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No.12 OF 2021 IN WP(C). 13534/2020

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ORDER

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Dated this the 11th day of January 2021

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This review petition is filed seeking a review of the

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judgment on the ground that the provisions of Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education (Amendment) Rules 2021 have been amended with retrospective effect from 30.04.2011 granting exemptions to teachers who have attained the age of 50 years from pass in such departmental test and test on Kerala Education Act and Rules. The vacancy to which the petitioner in the writ petition sought appointment admittedly arose on 01.06.2018. As on the date of occurrence of vacancy, the writ petitioner was the senior most qualified hand. This Court has admitted challenge against Annexure-A1 amendment and has granted interim orders in cases where qualified teachers who have the qualification of Account Test and test in KER are holding the post of Head Masters. In the above facts and situation, I am of the opinion that the law as it stood as

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RP.No.12 OF 2021 IN WP(C). 13534/2020

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on the date of occurrence of vacancy is liable to be considered. There is no ground raised for review of the judgment the review petition fails and is accordingly dismissed.

Sd/-

ANU SIVARAMAN

JUDGE

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RP.No.12 OF 2021 IN WP(C). 13534/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-I

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TRUE COPY OF THE GOVT. ORDER, GO(P) NO.1/201/G.EDN DATED 05.01.2021

Rehima Musalyarakath v. K.K.George

Case brief

What is this about?

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Rehima Musalyarakath v. K.K.George

Case brief

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