Disposed

Ismaiel P. v. State of Kerala

Kerala HC5 Jul 2022WP(C)/19087/2021

Case brief

AI extract

What is this about?

The writ petition challenging the appointment of the respondent as Principal was disposed of by directing the Director of General Education (2nd respondent) to hear both the petitioner and the appointee, as well as other affected parties, and to pass orders on pending appeals and representations within three months.

What did the court decide?

Directed the 2nd respondent to hear the petitioner and the 5th respondent and pass orders expeditiously within three months.

Ismaiel P. Vs State of Kerala — Service and Employment | Kerala HC (2022)

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WP(C) NO. 19087 OF 2021

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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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TUESDAY, THE 5^TH DAY OF JULY 2022 / 14TH ASHADHA, 1944

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WP(C) NO. 19087 OF 2021

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PETITIONER/S:

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ISMAIEL P. AGED 48 YEARS S/O. AHAMMED V, HSST (MALAYALAM), KUNHALI MARAKKAR HIGHER SECONDARY SCHOOL, KOTTAKKAL, P.O. KOTTAKKAL, KOZHIKODE DISTRICT - 673521., RESIDING AT CHILLA, MANDARATHUR P.O, (VIA) PUDUPPANAM, KOZHIKODE DISTRICT – 6713105. BY ADVS. K.SHRIHARI RAO N.SHOBHA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001. 2 DIRECTOR OF GENERAL EDUCATION PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM – 695014. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION KOZHIKODE, KOZHIKODE DISTRICT – 673001. 4 THE MANAGER KUNHALI MARAKKAR HIGHER SECONDARY SCHOOL, KOTTAKKAL P.O, KOTTAKKAL, (VIA) IRINGAL, KOZHIKODE DISTRICT – 673521. 5 AKHILESH CHANDRA T. HSST (ENGLISH), KUNHALI MARAKKAR HIGHER SECONDARY SCHOOL, KOTTAKKAL, P.O. KOTTAKKAL, (VIA) IRINGAL, KOZHIKODE DISTRICT – 673521. BY ADV R.K.MURALEEDHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19087 OF 2021

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JUDGMENT

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The above-captioned writ petition is filed by the petitioner being

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aggrieved by the inaction on the part of the respondents 1 to 4 in not appointing the petitioner as the Principal of the Kunhali Marakkar Higher Secondary school, Kottakkal, in a vacancy which arose on 01.06.2021. It is the case of the petitioner that he is the senior-most HSST in the school and that it was ignoring his rights that the 4th respondent had appointed the 5th respondent as Principal. It appears from the records that challenging the appointment of the 5th respondent and seeking for the appointment of the petitioner as Principal, the petitioner has preferred Ext.P21 representation before the 2nd respondent which is stated to be pending. It is in the afore circumstances that this writ petition is filed seeking for issuance of directions to the respondents 1 to 4 to direct the 4th respondent to appoint the petitioner as the Principal of the school

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with effect from 1.6.2021 and for incidental reliefs.

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Sri. K.Shri Hari Rao, the learned counsel appearing for the petitioner submitted that pursuant to the filing of the instant writ petition, the 5th respondent, Sri.Akhiliesh Chandra T, had approached this Court by filing

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WP(C) NO. 19087 OF 2021

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W.P.(C.) No.20738 of 2021 and this Court, by judgment dated 01.10.2021, after

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hearing the learned counsel appearing for the petitioner and the learned

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Government Pleader, but without notice to the petitioner herein, who was

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arrayed as 4th respondent in the said writ petition, had directed the Director of General Education (DGE) to consider the appeal preferred by Sri.Akhiliesh Chandra T. and to take a decision. According to the learned counsel, it would

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only be just and proper and to prevent conflict of decisions that directions be

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issued to the DGE to hear the appeals preferred by the petitioner herein and also

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the petitioner in W.P.(C) Nos.20738 of 2021 and to take a decision.

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I have considered the submissions advanced.

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I find that Sri. Akhilesh Chandra T, the 5th respondent had approached

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this Court and had filed W.P.(C) No.20738 of 2021, and this Court by judgment

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dated 1.10.2021 had directed the Government to consider and pass orders on

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the appeal preferred by the said petitioner and to pass orders on the same. The learned Government Pleader on instructions submitted that in view of the pendency of the instant writ petition, no orders could be passed and an application for extension has been filed in W.P.(C) No.20738 of 2021. In view of

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the said submission, this Court had directed the Registry to post the disposed of

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WP(C) NO. 19087 OF 2021

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writ petition and the same has been posted accordingly.

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The records reveal that the appeal preferred by Sri. Akhilesh Chandra is pending before the DGE. The petitioner herein has also preferred Ext.P21 which is pending before the very same respondent. In that view of the matter, it would only be just and proper that the 2nd respondent is directed to hear the

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petitioner herein as well as Sri. Akhilesh Chandra and pass orders on the matters pending before the said authority.

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In view of the discussion above, these writ petitions are disposed of by

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issuing the following directions.

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The 2nd respondent shall take up Ext.P21 filed by the

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petitioner herein and the appeal preferred by the 5th respondent, which was ordered to be considered by this Court as per judgment dated 1.10.2021 in W.P.(C) No.20738 of 2021 and pass orders expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. Before passing orders, the

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2nd respondent shall hear the petitioner as well as the 5th respondent, the Manager and affected parties, if any. It would be

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WP(C) NO. 19087 OF 2021

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open to the petitioner to produce a copy of the writ petition along

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with the judgment before the concerned respondent for further

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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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WP(C) NO. 19087 OF 2021

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PETITIONER(S) EXHIBITS :

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.1997 APPOINTING THE PETITIONER AS HSA (MALAYALAM) BY THE 4TH RESPONDENT.
Exhibit P2	TRUE COPY OF THE APPOINTING ORDER DATED 16.08.2012 APPOINTING THE PETITIONER AS HSST(JR) (MALAYALAM) W.E.F 1.12.2011 BY THE 3RD RESPONDENT.
Exhibit P3	TRUE COPY OF THE APPOINTING ORDER DATED 23.10.2013 APPOINTING THE PETITIONER AS THE HSST (MALAYALAM) W.E.F 23.02.2013 BY THE 3RD RESPONDENT.
Exhibit P4	TRUE COPY OF THE APPOINTING ORDER DATED 21.06.2014 APPOINTING THE 5TH RESPONDENT AS HSST (ENGLISH) W.E.F 15.07.2013 BY THE 3RD RESPONDENT.
Exhibit P5	TRUE COPY OF THE COMMON JUDGMENT DATED 14.07.2014 IN WP(C) NO. 28133/13 AND 17666/14 OF THIS HON'BLE COURT FILED BY THE PETITIONER AND THE 4TH RESPONDENT.
Exhibit P6	TRUE COPY OF THE JUDGMENT DATED 13.08.2014 IN WA.NO. 1120/2014 OF THIS HON'BLE COURT FILED BY THE PETITIONER.
Exhibit P7	TRUE COPY OF THE JUDGMENT DATED 26.08.2014 IN W.A NO. 1178/14 OF THIS HON'BLE COURT FILED BY THE PETITIONER.
Exhibit P8	TRUE COPY OF THE JUDGMENT DATED 30.09.2014 IN WA NO. 1235/14 OF THIS HON'BLE COURT FILED BY THE 4TH RESPONDENT IN WP(C) NO. 28133/2013.
Exhibit P9	TRUE COPY OF THE LETTER DATED 20.10.2014 FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT ASKING HIM TO APPOINT THE PETITIONER AS THE PRINCIPAL IN CHARGE OF THE SCHOOL TAKING INTO CONSIDERATION OF HIS SENIORITY.
Exhibit P10	TRUE COPY OF THE LETTER DATED 20.10.2014 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT ASKING HIM TO EXAMINE THE PROPOSAL AS MADE IN EXHIBIT P9 AND TO APPROVE THE SAME.

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WP(C) NO. 19087 OF 2021

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Exhibit P11	TRUE COPY OF THE ORDER DATED 15.12.2014 IN SPECIAL LEAVE APPEAL NO.31167/2014 OF THE APEX COURT FILED BY THE 4TH RESPONDENT AGAINST EXHIBIT P8 JUDGMENT.
Exhibit P12	TRUE COPY OF THE ORDER DATED 13.08.2015 OF THE 2ND RESPONDENT REGARDING THE APPOINTMENT OF THE PRINCIPAL IN THE LIGHT OF EXHIBIT P11.
Exhibit P13	TRUE COPY OF THE REPRESENTATION DATED 08.01.2021 OF THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P14	TRUE COPY OF THE ORDER DATED 31.05.2021 OF THE 4TH RESPONDENT APPOINTING THE 5TH RESPONDENT AS THE PRINCIPAL OF THE SCHOOL W.E.F 1.06.2021.
Exhibit P15	TRUE COPY OF THE PETITION DATED 02.06.2021 MADE BEFORE THE 3RD RESPONDENT AGAINST EXHIBIT P14 OF THE 4TH RESPONDENT.
Exhibit P16	TRUE COPY OF THE PETITION DATED 16.06.2021 MADE BEFORE THE PETITIONER BEFORE THE STATE MINORITY COMMISSION AGAINST EXHIBIT P14 ORDER OF THE 4TH RESPONDENT.
Exhibit P17	TRUE COPY OF THE REPRESENTATION DATED 16.06.2021 MADE BY SRI. MUHAMMED ASHRAF A TRUSTEE MEMBER OF THE TRUST TO THE 2ND RESPONDENT AND OTHERS.
Exhibit P18	TRUE COPY OF THE LETTER DATED 13.07.2021 OF THE 3RD RESPONDENT ADDRESSED TO THE 4TH RESPONDENT REJECTING EXHIBIT P14 AS IT IS
	AGAINST THE SENIORITY OF THE PETITIONER.
Exhibit P19	TRUE COPY OF THE INTERIM ORDER DATED 16.07.2021 IN WP(C) NO. 14231/2021 OF THIS HON'BLE COURT.
Exhibit P19(a)	TRUE COPY OF THE EXTENSION ORDER P19 DATED 02.08.2021.
Exhibit P20	TRUE COPY OF THE ORDER DATED 18.08.2021 ASKING THE PETITIONER TO ACT AS THE DRAWING AND DISBURSING OFFICER OF THE SCHOOL.
Exhibit P21	TRUE COPY OF THE REPRESENTATION DATED 01.09.2021 OF THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P22	TRUE COPY OF THE E.MAIL LETTER DATED 25/8/2021 SENT BY THE PETITIONER TO THE 5TH RESPONDENT.
Exhibit P23	TRUE COPY OF THE REQUEST LETTER DATED 25/8/2021 SENT BY THE PETITIONER TO THE 5TH RESPONDENT.

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WP(C) NO. 19087 OF 2021

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Exhibit P24	TRUE COPY OF THE 5/9/2021 SENT BY RESPONDENT.	E.MAIL LETTER DATED THE PETITIONER TO THE 3RD
Exhibit P25	TRUE COPY OF THE 19/9/2021 SENT BY RESPONDENT.	E.MAIL LETTER DATED THE PETITIONER TO THE 5TH
Exhibit P26	TRUE COPY OF THE THE PETITIONER TO	LETTER DATED 18/9/2021 OF THE 3RD RESPONDENT.
Exhibit P27	TRUE COPY OF THE THE 3RD RESPONDEN	LETTER DATED 24/9/2021 OF T TO PETITIONER
Exhibit P28	TRUE COPY OF THE THE 3RD RESPONDEN	ORDER DATED 28/9/2021 OF T.
Exhibit P29	TRUE COPY OF THE TRANSFER STAFF OF 25/3/2014	SENIORITY OF THE STAFF BY THE SCHOOL AS ON
Exhibit P30	TRUE COPY OF THE 8/10/2021 SENT TO	LEGAL NOTICE DATED THE 3RD RESPONDENT.
Exhibit P31	TRUE COPY OF THE RIGHT TO INFORMAT RAJEEV V. NAGATH PRINCIPAL OF THE	INFORMATION SOUGHT UNDER ION ACT 2005 BY ADVOCATE ABOUT THE APPOINTMENT OF 4TH RESPONDENT SCHOOL
Exhibit P32	TRUE COPY OF THE THE SCHOOL DATED	INFORMATION FURNISHED BY 13/07/2021
Exhibit P33	TRUE COPY OF THE 24/11/2021 SUBMIT BEFORE THE 2ND RE	ARGUMENT NOTES DATED TED BY THE PETITIONER SPONDENT

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RESPOND	ENT(S) EXHIBITS :
Exhibit	R4(a) A TRUE COPY OF COMMISSION FOR INSTITUTIONS DA	THE ORDER OF THE NATIONAL MINORITY EDUCATION TED 04.09.2008.
Exhibit	R4(b) A TRUE COPY OF 1001/M.S.C/2021	THE ORDER NO. /NMC DATED 03.11.2021.
Exhibit	R4(c) A TRUE COPY OF PUBLISHED BY TH	THE NORMS DATED 08.05.2019 E EDUCATIONAL AGENCY.
Exhibit	R4(d) A TRUE COPY OF MINUTES OF THE 08.05.2019.	THE RELEVANT PAGE OF THE MEETING CONVENED ON
Exhibit	R4(e) A TRUE COPY OF MINUTES OF THE 31.05.2021 AND	THE RELEVANT PAGES OF THE MEETING CONVENED ON 01.06.2021.
Exhibit	R4(f) A TRUE COPY OF PETITIONER BEFO DATED 28.04.201	THE COMPLAINT FILED BY THE RE THE MINORITY COMMISSION 4.

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WP(C) NO. 19087 OF 2021

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Exhibit R4(g) A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY) DATED 23.08.2021. Exhibit R4(h) A TRUE COPY OF THE JUDGMENT IN WP(C) NO.20738/2021 DATED 01.10.2021. Exhibit R4(i) A TRUE COPY OF THE COMMUNICATION NO. A2/2306/2021/RDD/KKD FROM THE 3RD RESPONDENT DATED 15.09.2021. Exhibit R4(J) A TRUE COPY OF THE ORDER NO. A2/2306/2021 OF THE 3RD RESPONDENT DATED 28.09.2021.

Ismaiel P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ismaiel P. v. State of Kerala

Case brief

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