Disposed

Biji Venugopal, v. State of Kerala

Kerala HC4 Nov 2022WP(C)/13586/2022

Case brief

AI extract

What is this about?

Petitioners appointed in a private aided school seek directions for consideration of their representation regarding staff fixation. The Court directs the Director of General Education to consider the representation expeditiously after affording an opportunity of hearing to all parties.

What did the court decide?

Directed 2nd respondent to consider Ext.P13 representation expeditiously within two months after affording opportunity of hearing.

Biji Venugopal, Vs State of Kerala — Service and Employment | Kerala HC (2022)

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WP(C) NO. 13586 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

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WP(C) NO. 13586 OF 2022

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PETITIONERS:

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1 BIJI VENUGOPAL, AGED 32 YEARS W/O JITHESH, LPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR, PALAKKAD-679 303 RESIDING AT BABU NILAYAM PATTAMBI, PALAKKAD-679 303, MOB: 9446485980

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2 VARSHA.K, AGED 33 YEARS,

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W/O SUBHASH, LPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR, PALAKKAD-679 303 RESIDING AT KAROLLY HOUSE, NJANGATTUR, PALAKKAD, PIN-679 303, MOB: 9946477228.

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3 SUJA.P., AGED 33 YEARS W/O PRASAD T LPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR, PALAKKAD-679 303 RESIDING AT THRIKKAZHIPPURATH HOUSE, THRITHALA, PALAKKAD-679 534, MOB: 9447754934.

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4 SANGEETHA.V., AGED 40 YEARS W/O GIREESH, LPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR, PALAKKAD-679 303 RESIDING AT THEJUS HOUSE, PANTHAKKAL PARAMBU, PATTAMBI, PALAKKAD 679 303, MOB:8113936199.

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5 SINDHU E.P. AGED 43 YEARS W/O RAJEESH, UPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR, PALAKKAD-679 303 RESIDING AT THOTTUNGAL HOUSE, EZHUMANGAD, ARANGOTTUKARA

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WP(C) NO. 13586 OF 2022

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PALAKKAD DISTRICT-679 532, MOB:9645616242.

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6 SREEDEVI.V.V., AGED 38 YEARS W/O HARIKUMAR UPST (UNAPPROVED) AIDED UPPER PRIMARY SCHOOL, (UNDER NJANGATTUR EDUCATIONAL SOCIETY) NJANGATTUR PALAKKAD-679 303 RESIDING AT EDAMANA MANA, NJANGATTUR, PALAKKAD-679 303.

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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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, (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS) DPI OFFICE, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD-678 001.

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4 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT-679 101.

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5 THE ASSISTANT EDUCATINAL OFFICER, THRITHALA SUB EDUCATIONAL DISTRICT, THRITHALA, PALAKKAD-679 534.

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6 EX-OFFICIO MANAGER, AUP SCHOOL NJAGATTUR & ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD-679 054.

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7 NJANGATTUR EDUCATIONAL SOCIETY, NJANGATTUR, PALAKKAD-679 303 , REPRESENTED BY ITS PRESIDENT SHRI H. NARAYANAN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13586 OF 2022

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JUDGMENT

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The petitioners contend that they have been appointed in the AUP school, Njagattur, during the academic year 2016-17 against additional vacancies. According to the petitioners, though, as per the staff fixation order, sufficient students were available to sanction additional posts, the respondents refused to grant approval on the ground of lack of accommodation. The petitioners contend that they have preferred Ext.P13 representation before the 2nd respondent. It is in the afore circumstances that this writ petition is filed seeking directions.

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When the matter was taken up for consideration, Sri.U.Balagangadharan, the learned counsel, submits that the petitioners would be satisfied if directions are issued to the 2nd respondent to consider Ext.P13 representation and take a decision expeditiously.

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3. I have heard the learned Government Pleader.

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After having carefully evaluated the contentions raised in this

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writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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WP(C) NO. 13586 OF 2022

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a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P13 representation, after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorized representative and the respondents 6 and 7.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within two months from the date of production of a copy of this judgment.

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c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment and also a copy of I.A.No. 1 of 2022 before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 13586 OF 2022 5

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APPENDIX OF WP(C) 13586/2022

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PETITIONERS' EXHIBITS:

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Exhibit	P1 A TRUE COPY OF THE ORDER OF THE AEO, THRITHALA DATED 14.7.2014.
Exhibit	P2 A TRUE COPY OF JUDGMENT IN WPC 20771/2017 DATED 28.6.2017 OF THIS HON'BLE COURT.
Exhibit	P3 A TRUE COPY OF JUDGMENT IN WA 1432/2017 DATED 7.7.2017 OF THIS HON'BLE COURT.
Exhibit	P4 A TRUE COPY OF JUDGMENT IN RP 765/2017 DATED 4.10.2017 OF THIS HON'BLE COURT.
Exhibit	P5 A TRUE COPY OF JUDGMENT IN WPC 25124/17 AND WPC 26106/2017 DATED 6.8.2020 OF THIS HON'BLE COURT.
Exhibit	P6 A TRUE COPY OF JUDGMENT WA 1117/2020 DATED 20.8.2020 OF THIS HON'BLE COURT.
Exhibit	P7 TRUE COPY OF ORDER OF AEO THRITHALA DATED 19.8.2020
Exhibit	P7 A A TRUE COPY OF STAFF FIXATION ORDER DATED 11.12.2017 OF THE AEO, THRITHALA
Exhibit	P7 B A TRUE COPY OF STAFF FIXATION ORDER DATED 14.7.2017 OF THE AEO THRITHALA
Exhibit	P7 C A TRUE COPY OF STAFF FIXATION ORDER DATED 3.7.2018 OF THE AEO THRITHALA.
Exhibit	P8 A TRUE COPY OF LETTER OF SECOND RESPONDENT TO DEO OTTAPALAM DATED 10.12.2018.
Exhibit	P9 A TRUE COPY OF FITNESS CERTIFICATE DATED 31.8.2017 ISSUED BY THE ASST. EXECUTIVE ENGINEER.

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WP(C) NO. 13586 OF 2022

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Exhibit P10 A TRUE COPY OF GO(RT) 4604/2019/G.EDN DATED 2.11.2019.

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Exhibit P11 A TRUE COPY OF REVISION PETITION DATED 11.3.2022 SUBMITTED BY THE PETITIONERS TO THE FIRST RESPONDENT.

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Exhibit P12 A TRUE COPY OF REPRESENTATION OF THE 7TH RESPONDENT DATED 6.10.2021.

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Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 10/10/2022

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RESPONDENTS' EXHIBITS:

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NIL

Biji Venugopal, v. State of Kerala

Case brief

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Biji Venugopal, v. State of Kerala

Case brief

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