Remanded

V.C.Praveen v. State of Kerala

Kerala HC8 Jul 2021WP(C)/12341/2021

Case brief

AI extract

What is this about?

In two linked writ petitions concerning teacher appointments and transfers in aided upper primary schools, the Court observed that the aggrieved teacher had already filed a revision petition with the Director General of Education (DGE). The Court directed the DGE to consider the revision petition, hearing all relevant parties, and to decide on the validity of the appointment, the transfer, and pot

What did the court decide?

Direction to the Director General of Education to consider the revision petition preferred by the petitioner and pass orders within two months.

V.C.Praveen Vs State of Kerala — Education and Admissions | 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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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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WP(C) NO. 12341 OF 2021

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PETITIONER :-

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V.C.PRAVEEN, AGED 45 YEARS S/O.V.R.CHANDRASEKHARAN, MANAGER, KOORIKUZHI A.M.U.P. SCHOOL, AUP SCHOOL, PALLIKKAL AND J.V. MACHAAD AND OWNER OF SNUP SCHOOL, KOCHUKOIKKAL, (RESIDING AT VAZHUR HOUSE, P.O.KARIYAMUTTAM, VALAPPAD, THRISSUR DISTRICT-680 681)

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BY ADV C.D.DILEEP

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RESPONDENTS :-

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

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2 THE ASSISTANT EDUCATIONAL OFFICER PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 645.

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3 THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY, THRISSUR DISTRICT-680 567.

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4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, THIRUVALLA-689 101.

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5 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT-680 003.

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6 SREEDEVI B., W/O.PRABHAKARA PAI, ASWIN NIVAS, C.K. ROAD, MANJUMMAL P.O., ERNAKULAM DISTRICT-683 501.

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BY SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, ALONG WITH WP(C).13495/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.12341 & 13495 OF 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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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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WP(C) NO. 13495 OF 2021

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PETITIONER :-

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B.SREEDEVI, AGED 41 YEARS WIFE OF PRABHAKARA PAI, UPPER PRIMARY SCHOOL ASSISTANT, AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERY, THRISSUR DISTRICT – 680 582.

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BY ADV K.A.MANZOOR ALI

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RESPONDENTS :-

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

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

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3 THE DISTRICT EDUCATIONAL OFFICER, THRISSUR AT AYYANTHOLE – 680 003.

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4 THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, THRISSUR DISTRICT – 680 567.

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5 THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA – 689 654.

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WP(C) Nos.12341 & 13495 OF 2021

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6 THE MANAGER, KOORIKUZHI AM UP SCHOOL, KAIPAMANGALAM, THRISSUR DISTRICT – 680 681 & AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERY, THRISSUR DISTRICT – 680 582.

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7 THE HEADMASTER, AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERY, THRISSUR DISTRICT – 680 582.

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8 THE HEADMASTER, SNV UP SCHOOL, KOCHKOIKKAL, PATHANAMTHITTA DISTRICT – 689 645. BY SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, ALONG WITH WP(C).12341/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.12341 & 13495 OF 2021

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JUDGMENT

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[WP(C) Nos.12341/2021 & 13495/2021] Dated this the 8th day of July, 2021

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W.P.(C) No.13495/2021 was filed by a teacher who claims to

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have been appointed in the 6^th respondent's school as UPSA with effect from 2.6.2014. Ext.P1 is the appointment order. Later, she was again appointed by Ext.P2 as UPSA in the same school from 1.6.2016. The appointment was not approved. It is submitted that the Manager transferred the petitioner to another school vide Ext.P3 order. The issue of approval of appointments in the schools owned by the 6^th respondent was considered by the Government and by Ext.P4 order dated 5.1.2021 and it was directed that the senior claimants under the Manager were eligible to be appointed in the first arising vacancies. It was further held that after accommodating the eligible Rule 51A claimants and senior hands, if there is a vacancy available during the year 2016-17, the petitioner in W.P.(C) No.13495/2021 could be accommodated against the said vacancy and the appointment could be approved. It is submitted that the Manager had attempted to appoint the petitioner in the schools under his management in the Thrissur District, but approval was rejected.

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WP(C) Nos.12341 & 13495 OF 2021

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Thereafter, by Ext.P6 order dated 1.6.2021 the Manager appointed the petitioner in the SNVUP School, Kochukoikkal, Pathanamthitta in a retirement vacancy.

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The learned counsel for the petitioner submits that this Court, in Ext.P8 judgment, had considered the power of the Manager to transfer teachers to the SNVUP School, Kochukoikkal and had held that since the 6^th respondent was not the approved Manager of the Kochukoikkal school, he had no right to make appointments in the said school. It is submitted that the 6^th respondent had purchased the school without prior sanction of the department and that the 6^th respondent, therefore, cannot make appointment of the petitioner to the said school. It is submitted by the learned counsel for the petitioner that against the transfer of the petitioner to the Kochukoikkal school, the petitioner had submitted Ext.P12 revision petition which is liable to be considered in accordance with law.

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In W.P.(C) No.12341/2021, the 6^th respondent in W.P.(C) No.13495/2021 is before this Court seeking a direction to consider the order of transfer of Sreedevi.B. as UPSA from the AUP School, Pallickal to the SNVUP School, Kochukoikkal. The learned counsel for the petitioner submits that there was no vacancy available in

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WP(C) Nos.12341 & 13495 OF 2021

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either the Pallickal School or the Koorikuzhi School to accommodate a teacher and there was a clear vacancy available at Kochukoikkal which is the reason why the order of appointment had been issued.

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However, the learned Government Pleader submits that

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the AEO is functioning as the Manager of the Kochukoikkal School and the petitioner in W.P.(C) No.12341/2021, who is admittedly not

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the approved Manager of the School, has no power to appoint a teacher even if there is an available vacancy and that the appointment therefore cannot be considered for approval.

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Having considered the contentions advanced, I notice that the petitioner in W.P.(C) No.13495/2021, who is the aggrieved teacher has already approached the DGE with Ext.P12 revision petition. It is, therefore, only appropriate that the entire issue be considered by the DGE in accordance with law.

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There will, accordingly, be a direction to the Director General of Education to take up Ext.P12 revision petition preferred by the petitioner in W.P.(C) No.13495/2021 and to pass orders on the same, after hearing the petitioner as well as the 6^th respondent in the writ petition. The question as to the validity of appointment in the SNVUP School, Kochukoikkal as has been done by the 6^th respondent

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WP(C) Nos.12341 & 13495 OF 2021

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shall be considered by the DGE while passing orders as directed above. The question whether the petitioner in W.P.(C) No.13495/2021 can be accommodated in any of the schools where the petitioner in W.P.(C) No.12341/2021 is the approved Manager shall also be considered by the DGE. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/9.7.2021

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WP(C) Nos.12341 & 13495 OF 2021

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APPENDIX OF WP(C) 12341/2021

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PETITIONER ANNEXURE

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Exhibit P1 A TRUE COPY OF THE GOVERNEMENT ORDER NO. GO(RT) NO.887/18/G.EDN. DATED 27/02/2018.

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Exhibit P2 A TRUE COPY OF THE INTERIM ORDER DATED 06/03/2018 IN WPC NO.7478/2018 OF THIS HONOURABLE COURT.

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Exhibit P3 A TRUE COPY OF THE TRANSFER ORDER DATED 01/06/2021. Exhibit P4 A TRUE COPY OF THE APPOINTEMNT ORDER FORWARDED TO THE 2ND RESPONDENT AEO PATHANAMTHITTA FOR THE APPROVAL.

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WP(C) Nos.12341 & 13495 OF 2021

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APPENDIX OF WP(C) 13495/2021

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PETITIONER ANNEXURE

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.06.2014.
Exhibit P2	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2016.
Exhibit P3	TRUE COPY OF THE ORDER No.04/2017/TRANSFER DATED 29.05.2017 OF THE MANAGER.
Exhibit P4	TRUE COPY OF THE G.O(Rt)No.93/2021/G.Edn. DATED 05.01.2021.
Exhibit P5	TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 05.04.2021.
Exhibit P6	TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE No.04/2021/TRANSFER DATED 01.06.2021.
Exhibit P7	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2021.
Exhibit P8	TRUE COPY OF THE JUDGMENT IN W.P.(C)No.35095/ 2019 DATED 04.12.2020.
Exhibit P9	TRUE COPY OF THE G.O(Rt)No.2527/2021/G.Edn. DATED 09.04.2021.
Exhibit P10	TRUE COPY OF THE SALE DEED EXECUTED BETWEEN 6TH RESPONDENT AND SRI.N.DEVARAJAN DATED 09.09.2015.
Exhibit P11	TRUE COPY OF THE STAFF FIXATION FOR THE YEAR 2018-19 VIDE No.L.Dis/B/2882/2018 DATED 30.06.2018.
Exhibit P12	TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR DATED 15.06.2021 (WITHOUT EXHIBITS)

V.C.Praveen v. State of Kerala

Case brief

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V.C.Praveen v. State of Kerala

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