Petitioners teachers sought approval for appointments made against retirement vacancies. The High Court directed the first respondent to consider the pending revision petition after hearing parties, within four months.
Direction to the 1st respondent to consider and pass orders on the revision petition (Ext.P14) after hearing within four 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 12THDAY OF DECEMBER 2022 / 21ST AGRAHAYANA,1944
WP(C) NO. 12350 OF 2022
PETITIONER/S:
1 AKSHAY ROHITH SHA MUSIC TEACHER, C.KESAVAN MEMORIAL HIGHER SECONDARY SCHOOL, KORUTHODE, KOTTAYAM DISTRICT - 686 513.2AMPILI K.R.
HIGH SCHOOL TEACHER (HST) (MALAYALAM),
C.KESAVAN MEMORIAL HIGHER SECONDARY SCHOOL,
KORUTHODE, KOTTAYAM DISTRICT - 686 513.
3 PARVATHY RAJAN LOWER GRADE HINDI TEACHER, C.KESAVAN MEMORIAL HIGHER SECONDARY SCHOOL, KORUTHODE, KOTTAYAM DISTRICT 686 513.BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695 014.3 THE DEPUTY DIRECTOR OF EDUCATION VAYASKARAKKUNNU, PULIMOOD JUNCTION, KOTTAYAM DISTRICT - 686 001.4 THE DISTRICT EDUCATIONAL OFFICER KANJIRAPPALLY, NEAR PONKUNNAM JUNCTION, KOTTAYAM DISTRICT - 686 506.W.P. (C) No.12350 of 2022
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5 THE MANAGER C.KESAVAN MEMORIAL HIGHER SECONDARY SCHOOL, KORUTHODE, KOTTAYAM DISTRICT - 686 513.6 THE HEADMASTER C.KESAVAN MEMORIAL HIGHER SECONDARY SCHOOL, KORUTHODE, KOTTAYAM DISTRICT - 686 513.SMT.NISHA BOSE, SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No.12350 of 2022
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JUDGMENT
The petitioners contend that they were all appointed as teachers in the C.Kesavan Memorial Higher Secondary School, Koruthode, against retirement/promotion vacancies. However, the approval of the appointment stands rejected by Exts.P2, P3, P5, P6, P8 and P9 orders. They contend that they are entitled to get approval from the initial date. In the said circumstances, the petitioners are stated to have preferred Ext.P14 revision petition before the 1st respondent. The prayer in this writ petition is for a direction to the 1st respondent to consider Ext.P14 expeditiously.
would be caused if notice to respondents 5 and 6 is dispensed with.
W.P. (C) No.12350 of 2022
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This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Sru
W.P. (C) No.12350 of 2022
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APPENDIX OF WP(C) 12350/2022
PETITIO |
NERS EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P1 |
TRUE COPY OF THEPETITIONER DATED |
APPOINTMENT ORDER OF THE 1ST15/07/2021. |
Exhibit |
P2 |
TRUE COPY OF THE24/09/2021 OF THE |
ORDER NO.B3/27762/2021 DATEDDEO, KANJIRAPPALLY. |
Exhibit |
P3 |
TRUE COPY OF THEDATED 14/01/2022 |
ORDER NO.B4/215681/2021OF THE DDE, KOTTAYAM. |
Exhibit |
P4 |
TRUE COPY OF THEPETITIONER DATED |
APPOINTMENT ORDER OF THE 2ND15/07/2021. |
Exhibit |
P5 |
TRUE COPY OF THE24/09/2021 OF THE |
ORDER NO.B3/27756/2021 DATEDDEO, KANJIRAPPALLY. |
Exhibit |
P6 |
TRUE COPY OF THEDATED 13/01/2022 |
ORDER NO.B4/215678/2021OF THE DDE, KOTTAYAM. |
Exhibit |
P7 |
TRUE COPY OF THEPETITIONER DATED |
APPOINTMENT ORDER OF THE 3RD15/07/2021. |
Exhibit |
P8 |
TRUE COPY OF THE24/09/2021 OF THE |
ORDER NO.B3/27758/2021 DATEDDEO, KANJIRAPPALLY. |
Exhibit |
P9 |
TRUE COPY OF THEDATED 13/01/2022 |
ORDER NO.B4/215679/2021OF THE DDE, KOTTAYAM. |
Exhibit |
P10 |
TRUE COPY OF THEDATED 28/02/2019 |
G.O.(P) NO.3/2019/G.EDN.OF THE GOVERNMENT. |
Exhibit |
P11 |
TRUE COPY OF THENO.J2/57/2019/G.EGOVT. |
CIRCULARDN. DATED 08/03/2019 OF THE |
Exhibit |
P12 |
TRUE COPY OF THEDATED 25/10/2011 |
LETTER NO.60930/J2/11/G.EDN.OF THE GOVERNMENT. |
W.P. (C) No.12350 of 2022
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Exhibit P13TRUE COPY OF THE JUDGMENT IN W.A.NO.2032/2018
DATED 12/03/2019.
Exhibit P14TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 02/03/2022.
Exhibit P15TRUE COPY OF THE ORDER NO.B3/27757/2021 DATED
24/09/2021 OF THE DEO, KANJIRAPPALLY.
Exhibit P16TRUE COPY OF THE ORDER
NO.A4/1848/2021/RDD/HSE DATED 12/11/2021 OF
THE RDD HSE, KOTTAYAM.
1 issue framed by the court
Whether the High Court can direct the first respondent to consider the pending revision petition expeditiously regarding the approval of teacher appointments.
1 provisions across 1 enactments
Akshay Rohith
Ampili K.R.
Parvathy Rajan
The State of Kerala
The Director of General Education
The Deputy Director of Education Vayaskarakkunnu
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court