Disposed

The K C Pazhanimala Higher Secondary School v. the State of Kerala

Kerala HC21 Jun 2022WP(C)/10568/2022

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions concerning teacher transfer appointments. The court directed the State to expedite a pending appeal challenging the petitioner's qualifications while permitting hearing opportunities to all affected parties.

What did the court decide?

Directed the 1st respondent to consider the pending appeal expeditiously within three months, affording hearing opportunities to petitioners and affected parties.

The K C Pazhanimala Higher Secondary School Vs the… — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 21 ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944

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 WP(C) NO. 10915 OF 2022

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PETITIONER/S:

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 LALITH P.K.,
 AGED 51 YEARS
 HST (HINDI), KCPHSS KAVASSERY,
 PALAKKAD-678 543,
 RESIDING AT LAKSHMI BHAVAN,
 ATHIPOTTA (PO), PAZHAMBALACODE VIA,
 PALAKKAD-678 544.
 BY ADV U.BALAGANGADHARAN

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RESPONDENT/S:

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

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

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, MALAPPURAM-676 505.

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4 THE MANAGER, KCP HSS KAVASSERY, PALAKKAD-678 543. SMT NISHA BOSE SR GP

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 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 ON 21.06.2022, ALONG WITH WP(C).10568/2022, THE COURT ON THE
 SAME DAY DELIVERED THE FOLLOWING:

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 WP(C) NOs. 10915 & 10568 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 21 ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944

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 WP(C) NO. 10568 OF 2022

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 PETITIONER/S:

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 THE K C PAZHANIMALA HIGHER SECONDARY SCHOOL
 KAVASSERY, PALAKKAD DISTRICT-678543,
 REPRESENTED BY ITS MANAGER K.S.VIJAYANANDH.

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 BY ADVS.
 V.A.MUHAMMED
 M.SAJJAD

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 RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER EDUCATION WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, B2 BLOCK, UP HILL, CIVIL STATION ROAD, MALAPPURAM-676505.

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4 THE PRINCIPAL, K C P HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT-678543.

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5 LALITH P.K., K C P HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT-678543.

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 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 ON 21.06.2022, ALONG WITH WP(C).10915/2022, THE COURT ON THE
 SAME DAY DELIVERED THE FOLLOWING:

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 WP(C) NOs. 10915 & 10568 OF 2022

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JUDGMENT

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W.P.(C) No.10568/2022 is filed by the Manager of the K.C.

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Pazhanimala Higher Secondary School, Kavasseri seeking to quash Exhibit P1 order as per which transfer appointment of H.S.S.T (Jr.) (Economics) has

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been granted to Sri. Lalith P.K., the 5th respondent, by the RDD. The petitioner has also sought a declaration that the 5th respondent is not qualified for the post of H.S.S.T (Jr.) (Economics) for want of SET in Economics and due to lack of teaching experience in that subject. It appears that the Manager has preferred Exhibit P5 appeal, which is pending before the 1st respondent. The alternate prayer is for the issuance of directions to

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the 1st respondent to consider the appeal and take a decision in an expeditious manner.

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W.P.(C.) No. 10915/2022 is filed by Sri. Lalith P.K. seeking the

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issuance of directions to the 3rd respondent to implement the order dated 22.02.2022 issued by the RDD that the post of H.S.S.T (Jr.) (Economics) which arose due to retirement is liable to be filled up by making “by-transfer” appointment of the petitioner, as he is fully qualified for the said post. He asserts that though he is fully qualified to be appointed as H.S.S.T (Jr.) (Economics), he is working as HSST (Hindi). He asserts that the post is liable to be filled up against the 25% quota for “by-transfer” appointment as

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provided under Rule 4 of Chapter XXXII of the KER.

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 WP(C) NOs. 10915 & 10568 OF 2022

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I have heard Sri.M.Sajjad, the learned counsel appearing for the petitioner in W.P.(C.) No. 10568/2022, Sri. U. Balagangadharan, the learned counsel appearing for the petitioner in W.P.(C.) No. 10915/2022 and the learned Government Pleader.

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From the submissions, I find that the Manger has challenged the order passed by the RDD and has also challenged the eligibility and qualifications of Sri. Lalith by preferring an appeal (Ext.P5 in W.P.(C) No.10568/2022) before the Government and the same is pending. In that view of the matter, directions can be issued to the 1st respondent to consider the same and take a decision with due notice to the teacher as well as the Manager.

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Resultantly, these writ petitions are disposed of directing the 1st respondent to consider the appeal (Ext.P5 in W.P.(C) No.10568/2022) preferred by the Manager and pending before the 1st respondent and take a decision expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. An opportunity of being heard shall be afforded to the petitioners in both the cases and affected parties, if any. A copy of the writ petition along with this judgment shall be placed before the respondents to ensure compliance.

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Sd/RAJA VIJAYARAGHAVAN V

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JUDGE

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avs

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 WP(C) NOs. 10915 & 10568 OF 2022

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APPENDIX OF WP(C) 10568/2022

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PETITIONER EXHIBITS

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 Exhibit P1 TRUE COPY OF THE ORDER
 NO.F-21/2021/RDD/MLPM/HSE DATED 22.2.2022 OF
 THE RDD HSE, MALAPPURAM.
 Exhibit P2 TRUE COPY OF THE CIRCULAR
 NO.ACD.C3/34033/16/HSE DATED 30.8.2017 OF THE
 2ND RESPONDENT.
 Exhibit P3 TRUE COPY OF THE G.O.(RT) NO.1956/2020/G.EDN.
 DATED 15.6.2020 OF THE GOVT.
 Exhibit P4 TRUE COPY OF THE SENIORITY LIST AS ON
 28.10.2019.
 Exhibit P5 TRUE COPY OF THE APPEAL PETITION FILED BEFORE
 THE GOVERNMENT DATED 11.3.2022 (WITHOUT
 ANNEXURES).

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 WP(C) NOs. 10915 & 10568 OF 2022

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APPENDIX OF WP(C) 10915/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF APPOINTMENT ORDER DATED` `12.06.2000 ISSUED BY THE 4TH RESPONDENT.`
`Exhibit P2`	`A TRUE COPY OF THE SENIORITY STAFF LIST OF 4TH` `RESPONDENT SCHOOL AS ON 01.01.2021 (RELEVANT` `PAGES) AS APPROVED BY THE DEO.`
`Exhibit P3`	`A TRUE COPY OF CERTIFICATE OF MASTER IN` `ECONOMICS DATED 14.02.2008 ISSUED BY THE` `MADURAI KAMARAJ UNIVERSITY.`
`Exhibit P4`	`A TRUE COPY OF ELIGIBILITY CERTIFICATE ISSUED` `BY THE UNIVERSITY OF KERALA DATED 03.08.2010.`
`Exhibit P5`	`A TRUE COPY OF THE GOVT.ORDER DATED` `21.01.2019.`
`Exhibit P6`	`A TRUE COPY OF ORDER DATED 26.06.2019 ISSUED` `BY THE THIRD RESPONDENT.`
`Exhibit P7`	`A TRUE COPY OF JUDGMENT DTED 13.12.2021 IN WPC` `NO.28527/2021 OF THIS HON'BLE COURT.`
`Exhibit P8`	`A TRUE COPY OF ORDER DATED 24.02.2022 IN RP` `203/22 OF THIS HON'BLE COURT.`
`Exhibit P9`	`A TRUE COPY OF ORDER DATED 22.02.2022 ISSUED` `BY THE RESPONDENT NO.3.`

The K C Pazhanimala Higher Secondary School v. the State of Kerala

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The K C Pazhanimala Higher Secondary School v. the State of Kerala

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