The High Court of Kerala dismissed the writ petition as withdrawn by the petitioner after being informed of a subsequent appointment, subject to liberty to challenge the new appointment.
Writ petition allowed to be withdrawn with liberty to approach the Court again to challenge the appointment of the person now appointed as Headmaster.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.8111 OF 2020(L)
PETITIONER:
C.C.MINI AGED 53 YEARS W/O. M.J. ROY, LOWER PRIMARY SCHOOL ASSISTANT, NATIONAL LOWER PRIMARY SCHOOL, KOLATHUR, MALAPPURAM DISTRICT 679 338.
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXURE II, THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.
R5 BY ADV. SRI.S.PRASANTH (AYYAPPANKAVU) R5 BY ADV. SMT.VARSHA BHASKAR
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8111 OF 2020 2
JUDGMENT
The learned counsel for the petitioner,
after arguing this matter for some time, sought permission to withdraw this writ petition to approach this Court again, on being alerted by the learned counsel for the
Manager that, pending this lis, another person has been appointed as the Headmaster and that his approval is still pending.
the petitioner, prayed that this writ petition be allowed to be withdrawn with liberty to his client to approach this Court to challenge the appointment of the person now appointed as the Headmaster.
In the afore circumstances, this writ petition will stand dismissed as having been withdrawn with the afore requested liberty being reserved to the petitioner.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mc/25.1.2021
WP(C).No.8111 OF 2020 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST AS ON 01.01.2019. EXHIBIT P2 TRUE COPY OF THE G.O. (MS) NO. 242/2020/G.EDN DATED 15.01.2020. EXHIBIT P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE MANAGER DATED 11.03.2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 1/4/2020 ISSUED BY THE 5TH RESPONDENT
EXHIBIT R5(b) TRUE COPY OF THE CERTIFICATE ID 107350#136 dated 13/3/2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT R5(c) TRUE COPY OF THE CERTIFICATE ID107350#1#36 DATED 13/3/2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION
EXHIBIT R5(d) TRUE COPY OF THE LETTER DATED 11/5/2020 SENT BY THE 5TH RESPONDENT TO THE PETITIONER
C.C.MINI
THE STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE ASSISTANT EDUCATIONAL OFFICER
THE MANAGER, NATIONAL LOWER PRIMARY SCHOOL
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
