Allowed

R.Kaldharan v. State of Kerala

Kerala HC18 Oct 2022WP(C)/20578/2022

Case brief

AI extract

What is this about?

Writ petition filed by a teacher seeking appointment as Principal of a Higher Secondary School on grounds of seniority. Court directed the District Educational Officer to forward the appointment proposal to the State Government within four weeks.

What did the court decide?

Directing 4th respondent to forward proposal for petitioner's appointment as Principal to 3rd respondent within 4 weeks; 3rd respondent to decide within further 3 weeks.

R.Kaldharan Vs State of Kerala — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 18^TH DAY OF OCTOBER 2022 / 26TH ASWINA, 1944

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WP(C) NO. 20578 OF 2022

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PETITIONER/S:

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R.KALADHARAN
AGED 54 YEARS
S/O. RAMAKRISHNAN,
PRINCIPAL-IN-CHARGE, BSS HS SCHOOL,
KOLLENGODE, HOUSE, PALAKKAD -678 506,
RESIDING AT MOZHAPPARA ELAVANCHERRY,
PALAKKAD - 678 508
BY ADV U.BALAGANGADHARAN

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, (FORMER DIRECTOR OF HIGHER SECONDARY ED THIRUVANANTHHAPURAM - 695 001

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

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4 DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678001

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5MANAGER, BSS HS SCHOOL,
KOLLENGODE, PALAKKAD - 678 506
6SMT. VASANTHA,
HSST (CHEMISTRY), BSS HS SCHOOL,
KOLLENGODE, PALAKKAD 678 506

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SMT SAROJINI GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON18.10.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C) NO. 20578 OF 2022

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JUDGMENT

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The above writ petition is filed seeking to quash Exhibit P5 rejection endorsement made by the 3rd respondent returning the representation submitted by the petitioner to approve him as Higher Secondary Principal of the BSS Higher Secondary School, Kollengode. The petitioner has also sought for issuance of directions to the 3rd respondent to reconsider the promotion of the petitioner as Principal of the 5th respondent School de hors the pending management dispute.

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The records which are made available before this Court would reveal that after commencing the service as UPSA with effect from 15.07.1992, the petitioner was promoted as HSST (History) on 24.08.1998. Exhibit P1 would reveal that in the seniority list of Higher Secondary School as on 30.10.2021, the petitioner figures as Serial No.3. The petitioner also asserts that he is test qualified to be appointed as Principal of the school. While so, the seniormost person in Exhibit P1, Sri. Ravindran, while working as Principal of the school, proceeded on leave on 18.03.2022 as he was scheduled to retire on 30.04.2022. By Exhibit P2, the petitioner was appointed as Principal-in-Charge by the 3rd respondent. Smt. Vasantha, who is senior to the petitioner, relinquished the promotion to the post.

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WP(C) NO. 20578 OF 2022

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According to the petitioner, when the post of Principal became vacant consequent to the retirement of Sri. Ravindran, the petitioner preferred Exhibit P4 representation before the 3rd respondent seeking to appoint him as Principal of the Higher Secondary School. However, his request was rejected by Exhibit P5 endorsement stating that he cannot arrogate to himself the right to seek appointment as Principal.

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According to the petitioner, during the pendency of the writ petition, Exhibit P10 order has been issued by the 2nd respondent, appointing the DEO as Ex-Officio Manager of the Corporate Educational Agency. In that view of the matter, nothing prevents the 4th respondent to forward a fresh proposal, as it would not be in the interest of the institution to keep the post of Principal vacant. It is further stated that the technical objection raised by the RDD can no longer be sustained in view of the above development. The petitioner points out that while issuing Exhibit P10, the 2nd respondent has taken note of the management disputes, and in view of the above, the promotions, appointments, etc., are not being carried out.

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When the matter came up for consideration,

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Sri.U.Balagangadharan, the learned counsel, submitted that in view of Ext. P10, directions be issued to the 4th respondent to forward the proposal for

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WP(C) NO. 20578 OF 2022

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approval of the petitioner herein as Principal of the Higher Secondary School, taking note of the seniority and also Exhibit P2 order issued by the RDD on 24.03.2022.

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I have heard the learned Government Pleader and have

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considered the submissions advanced.

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I find from Exhibit P2 that from 18.03.2022, the petitioner has been functioning as the Principal in Charge. The person who is Sl. No. 2 in Exhibit P1 seniority list has relinquished her promotion. I also find that Sri. Ravindran, who is the senior-most incumbent in Exhibit P1, attained superannuation on 30.04.2022. Now, Exhibit P10 order has been issued on 20.09.2022 and the 4th respondent is acting as ex officio Manager. Taking note of the fact that the petitioner herein is the senior most, nothing prevents the 4th respondent from forwarding the proposal to approve the petitioner as the Principal.

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In that view of the matter, this writ petition is disposed of directing the 4th respondent to forward the proposal of appointment of the petitioner as Principal of the School, if there are no other impediments, on the strength of Exhibit P10 to the 3rd respondent. The same shall be done within a period of four weeks. On the same being forwarded as directed

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WP(C) NO. 20578 OF 2022

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above, the 3rd respondent shall consider the same and take a decision, in

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accordance with law, within a further period of three weeks.

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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. 20578 OF 2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE SENIORITY LIST AS ON` `30.10.2021`
`Exhibit P2`	`A TRUE COPY OF THE ORDER DATED 24.03.2022 OF` `THE 3RD RESPONDENT`
`Exhibit P3`	`A TRUE COPY OF THE JUDGMENT DATED 30.08.2018` `OF THIS HONOURABLE COURT IN W.P.(C) NO.` `25306/2017`
`Exhibit P4`	`A TRUE COPY OF THE REPRESENTATION DATED` `01.05.2022 SUBMITTED BY THE PETITIONER TO THE` `3RD RESPONDENT`
`Exhibit P5`	`A TRUE COPY OF THE REJECTION ENDORSEMENT MADE` `BY THE 3RD RESPONDENT DATED NIL`
`Exhibit P6`	`A TRUE COPY OF THE CIRCULAR NO. 13402/J2` `/12/G. EDN DATED 10.04.2012 ISSUED BY THE` `GOVERNMENT`
`Exhibit P7`	`A TRUE COPY OF THE ORDER DATED 23.06.2015 OF` `THE 4TH RESPONDENT`
`Exhibit P8`	`A TRUE COPY OF THE ORDER DATED 18.11.2017 OF` `THE 2ND RESPONDENT`
`Exhibit P9`	`A TRUE COPY OF THE APPOINTMENT ORDER SUBMITTED` `BY THE PETITIONER HIMSELF BEFORE THE 3RD` `RESPONDENT`
`Exhibit P10`	`A TRUE COPY OF THE ORDER` `NO.EM1/14673/2021/D.G.E ISSUED BY THE SECOND` `RESPONDENT DATED 20.9.2022.`

R.Kaldharan v. State of Kerala

Case brief

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R.Kaldharan v. State of Kerala

Case brief

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