The court disposed of a writ petition challenging non-appointment of a teacher. It directed the petitioner to prefer a revision petition under statutory rules to seek clarification on a prior government order condition.
Petitioner directed to file a revision petition; Authority to pass orders within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 15197 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WP(C) NO. 15197 OF 2021
PETITIONER:
THE CORPORATE MANAGER SACRED HEART CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, RAJAGIRI P.O., KALAMASSERY, ERNAKULAM DISTRICT,PIN-683 104
BY ADVS. NOUSHAD THOTTATHIL NOORJI NOUSHAD FYZAL BABU V.K. BIJUMON K.K
RESPONDENTS:
PIN-695 001
SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner herein is the Corporate Manager of Sacred Heart Corporate Educational Agency which manages the CMI Schools at Kalamassery in Ernakulam. The schools that come under the Corporate Educational Agency of CMI Schools are Sacred Heart Higher Secondary School, Thevara, St. Theresa’s High School, Manappuram, St. Thomas UP School, Karukutty and St. Mary’s UP School, Thevara. This writ petition is preferred by the petitioner being aggrieved by the order passed by the 4th respondent declining to approve the appointment of Fr. Joby V.A as UPST in a promotional vacancy w.e.f. 01.06.2018. The petitioner preferred an appeal before the 3rd respondent and by Ext.P13 order, the appeal was allowed subject to the petitioner obtaining clarification from the Government with respect to the condition incorporated in Ext.P1 order imposed while sanctioning bifurcation of UP section from the Sacred Heart High School.
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the High School section of S.H.H.S, Thevara on administrative reason. Government had examined the proposal in detail and are pleased to accord sanction for bifurcating the U.P. section from the high school section of S.H.H.S, Thevara subject to the condition that no new post will be created in future.”
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Education Rules.
the submissions of the learned Government Pleader carry sufficient force. When a statutory remedy is available to the petitioner to challenge Ext.P10 and P13 orders and get clarification on Ext.P1, it would be in the fitness of things to relegate the petitioner to such remedies.
Resultantly, this writ petition is disposed of with the following directions.
a) The petitioner shall, not later than two weeks from today, submit a revision petition under Rule 92 of Chapter XIV A of the Kerala Education Rules before the first respondent assailing Ext.P10 and P13 orders. If any such petition is filed, as directed above, the 1st respondent shall take up, consider and pass appropriate orders, as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representatives.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
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petition along with the judgment before the concerned respondent for further
action.
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
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APPENDIX OF WP(C) 15197/2021
PETITIONERS' EXHIBITS
| Exhibit P1 | TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) |
|---|---|
| NO.3508/92/G.EDN DATED 15.09.1992 ISSUED BY THE 1ST RESPONDENT |
|
| Exhibit P2 | TRUE COPY OF THE ORDER NO.B6- 12664/92/D.DIS DATED 01.12.1992 ISSUED BY THE 3RD RESPONDENT |
| Exhibit P3 | TRUE COPY OF THE ORDER NO.B2/19989/01/K.DIS DATED 05.12.2001 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM |
| Exhibit P4 | TRUE COPY OF THE STAFF FIXATION ORDER OF PETITIONERS SCHOOL DATED 20.01.2012 PASSED DURING THE ACADEMIC YEAR 2010-2011 BY THE 4TH RESPONDENT |
| Exhibit P5 | TRUE COPY OF THE STAFF FIXATION ORDER OF THE PETITIONERS SCHOOL DATED 15.07.2019 PASSED BY THE 4TH RESPONDENT DURING THE ACADEMIC YEAR 2019-2020 |
| Exhibit P6 | TRUE COPY OF THE ORDER G.O(RT) NO.1850/2012 G.EDN DATED 19.04.2012 ISSUED BY THE 1ST RESPONDENT |
| Exhibit P7 | TRUE COPY OF THE ORDER NO.F / 2011/2018/K.DIS DATED 01.04.2019 ISSUED BY THE 4TH RESPONDENT |
| Exhibit P8 | TRUE COPY OF THE APPEAL DATED 18.06.2019 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT |
| Exhibit P9 | TRUE COPY OF THE ORDER NO.B4- 4803/2019/K.DIS DATED 26.11.2019 PASSED BY THE 3RD RESPONDENT |
| Exhibit P10 | TRUE COPY OF THE ORDER NO.F/17315/19 DATED 31.12.2019 ISSUED BY 4TH RESPONDENT |
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Exhibit P11 TRUE COPY OF THE APPEAL DATED 07.01.2020 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 12.02.2020 PASSED BY THIS HONOURABLE COURT IN WPC NO.3979/2020
Exhibit P13 TRUE COPY OF THE ORDER NO.B4/191551/2020 DATED 15.01.2021 PASSED BY THE 3RD RESPONDENT UPON EXT.P11 APPEAL
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 12.03.2021 PASSED BY THIS HONOURABLE COURT IN CONTEMPT CASE (CIVIL) NO.197/2021
1 issue framed by the court
Whether the petitioner is entitled to immediate appointment promotion of teacher despite a prior government order condition regarding post creation.
1 provisions across 1 enactments
THE CORPORATE MANAGER SACRED HEART CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS
STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
