Petitioner challenged orders appointing a junior as Principal despite her seniority as HSST. Court directed consideration of her appeal under Kerala Education Rules and maintained status quo pending decision.
Direction to 1st respondent to consider appeal P12 expeditiously within two months maintaining status quo pending decision.
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. 19697 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943
WP(C) NO. 19697 OF 2021
PETITIONER/S:
SEENA L.K., AGED 44 YEARS, W/O.BINU, PRINCIPAL IN CHARGE, M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HSS (MRMKMM HSS), EDAVA, THIRUVANANTHAPURAM-695 311.
BY ADV R.K.MURALEEDHARAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT-695 001.
3 THE MANAGER, M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HSS (MRM KMM HSS),EDAVA, THIRUVANANTHAPURAM-695 311. 4 KRISHNA KUMAR.K.B., HSST(JR.) IN COMMERCE, M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HSS (MRMKMM HSS), EDAVA, THIRUVANANTHAPURAM-695 311. *ADDL R5 ABDUL JALEEL M.S, HEADMASTER, 5 M.R.MUHAMMED KUNJU MEMORIAL MUSLIM HSS (MRMKMM HSS) EDAVA, THIRUVANANTHAPURAM-695 311 * ADDL R5 IMPLEADED AS PER ORDER DATED 8.10.2021 IN I.A.No.2 OF 2021
SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner states that she was appointed as HSST (Maths) at the M.R. Muhammed Kunju Memorial Muslim HSS an aided school under the management of the 3rd respondent on 24.8.2000 and the same stands approved as per Exhibit P1 order.
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issued in violation of the directions issued by this Court in Exhibit P4 judgment and also the principles of natural justice. It is in the aforesaid circumstances, that this writ petition is filed seeking the following reliefs.
“(i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P9 order issued by the 2nd respondent dated 13.09.2021 giving charge as Principal to the 4th respondent and;
(ii) Declare that petitioner being the senior most qualified HSST is entitled to function as Principal in Charge and as DDO, till orders are issued by the 2nd respondent in the objection filed by the petitioner;
(iii) Issue such other orders, writ or directions as this Hon'ble Court may deem fit to grant.”
the operation and enforcement of Exhibit P9 shall remain stayed and the petitioner was permitted to act in terms of Exhibit P6 for the time being.
Ali K.A., the learned counsel. Though the notice to the 4th respondent has been served, the said respondent has not chosen to appear either in person or through his counsel.
which reveals that favourable orders have not been passed in favour of the petitioner by the RDD.
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petitioner submitted in view of the law laid by the Apex Court in V.K.Girija v. Reshma Parayil [(2019) 2 SCC 347], for apportioning the vacancy, the cadre strength of the HSST is not to be looked into to determine as to which vacancy will go to transfer or direct recruitment. It is further submitted that narrating the grievances of the petitioner, she has preferred Ext.P12 appeal before the 1st respondent. The learned counsel submits that in view of the subsequent turn of events, the petitioner would be satisfied if the 1st respondent is directed to consider Ext.P12 in an expeditious manner and it is prayed that directions be issued to the respondents to maintain the status quo until orders are passed.
I am of the view that this writ petition can be disposed of by issuing the following directions:
b) Orders, as directed above, shall be passed expeditiously, in any event,
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within a period of two months from the date of production of a copy of this judgment. Until orders are passed, status quo as on today shall be maintained.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
ww
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APPENDIX OF WP(C) 19697/2021
PETITIONER (S) EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF ORDER NO.ACD.B5/4131/HSE DATED 28.10.2002 OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE SENIORITY LIST OF THE SCHOOL FOR THE YEAR 2005-06. |
| EXHIBIT P3 | A TRUE COPY OF THE ORDER DATED 23.06.2021 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY OF THE JUDGMENT IN WPC NO.14788/2021 DATED 26.07.2021. |
| EXHIBIT P5 | TRUE COPY OF THE POSTAL RECEIPT AND THE MESSAGE RECEIVED BY THE PETITIONER. |
| EXHIBIT P6 | A TRUE COPY OF THE ORDER DATED 18.08.2021 BY THE 2ND RESPONDENT. |
| EXHIBIT P7 | TRUE COPIES OF THE RECEIPT GIVEN BY THE PETITIONER FOR ACCEPTING THE DOCUMENTS ETC. |
| EXHIBIT P8 | A TRUE COPY OF THE NOTICE OF HEARING DATED 27.08.2021 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE ORDER NO.TRO- 02/3494/HSE/2021 ISSUED BY THE 2ND RESPONDENT DATED 13.09.2021. |
| EXHIBIT P10 | A TRUE COPY OF THE JUDGMENT REPORTED IN 2019 (4) KHC 295. |
| EXHIBIT P11 | A TRUE COPY OF THE ORDER DATED 22.09.2021 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P12 | A TRUE COPY OF THE APPEAL FLED BEFORE THE 1ST RESPONDENT DATED 29/09/2021. |
RESPONDENT (S) EXHIBITS: NIL
3 issues framed by the court
Whether directions should be issued to consider an appeal regarding principal designation and maintain status quo?
How to allocate principal vacancy between senior HSST and promoted Headmaster under Kerala Education Rules?
Whether a promotion order contradicting judicial findings and seniority should be quashed or stayed?
Colour shows how this judgement treated each authority
V.K.Girija v. Reshma ParayilFollowed¶37
V.K.Girija v. Reshma Parayil [(2019) 2 SCC 347] · Who else cites this
1 provisions across 1 enactments
Seena L.K.
State of Kerala
Regional Deputy Director of Higher Secondary Education, Thiruvananthapuram
Manager, M.R.Muhammed Kunju Memorial Muslim HSS
Krishna Kumar.K.B.
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayaraghavan V
Parties & counsel
