Disposed

The Manager Aup School Pallikkal(Pallam), v. State of Kerala

Kerala HC1 Dec 2022WP(C)/24209/2022

Case brief

AI extract

What is this about?

Writ petition filed by a school manager seeking mandamus to sanction an Arabic teacher post and consider pending revision petitions. The High Court directed the 2nd respondent to consider pending exhibits with an opportunity of hearing to the petitioner and 5th respondent and pass orders within three months.

What did the court decide?

Directing the 2nd respondent to consider pending revision petitions (Exts. P11, P12) and pass orders within three months after hearing the petitioner and 5th respondent.

The Manager Aup School Pallikkal(Pallam), Vs State… — Education and Admissions | Kerala HC (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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THURSDAY, THE 1STDAY OF DECEMBER 2022 / 10TH AGRAHAYANA,1944
WP(C) NO. 24209 OF 2022

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PETITIONER/S:

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THE MANAGER AUP SCHOOL, PALLIKKAL(PALLAM),
WADAKKANCHERY, THRISSUR DISTRICT,
PIN: 679 532.

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BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE

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RESPONDENT/S:

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1STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM. PIN-695014.

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3 DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. PIN-680 003.

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4 THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY, THRISSUR DISTRICT. PIN-680 582.

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5 HEAD MISTRESS, A.U.P.SCHOOL, PALLIKKAL (PALLAM), WADAKKANCHERY, THRISSUR DISTRICT. PIN-679 532.

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SMT.NISHA BOSE, SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24209 OF 2022

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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(i) to issue a writ of mandamus or other appropriate writ, orders or directions directing/commanding the 1st respondent to sanction the one post of Arabic teacher from the academic year 2016-17 to 2021-22 academic years.

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(ii) to issue a writ of mandamus or other writ, order or direction directing the 1st respondent to consider and pass orders in Ext.P7 and Ext.P8 pending before the 1st respondent in time bound manner.

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I have heard Sri.C.D.Dileep, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Government Pleader.

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The learned counsel appearing for the petitioner submits that challenging the rejection of additional post and seeking sanction, one post of Arabic teacher from the academic year 2016-17 and 2021-22, the petitioner has preferred Exts. P11 and P12 before the 2nd respondent and the same is pending. It is submitted that the request at this stage is for consideration of the same with due notice.

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After having carefully evaluated the contentions raised in this 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

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WP(C) NO. 24209 OF 2022

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directions:

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a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Exts.P11 and P12,

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after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 5th respondent.

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

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment 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 JUDGE

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Sru

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WP(C) NO. 24209 OF 2022

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APPENDIX OF WP(C) 24209/2022

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE STAFF FIXATION ORDER OF` `THE YEAR 2015-16.`
`Exhibit P2`	`A TRUE COPY OF THE ORDER` `NO.R.A(2)/73569/2017/DPI/D.DIS DATED` `27/05/2019 OF 2ND RESPONDENT.`
`Exhibit P3`	`A TRUE COPY OF THE STAFF FIXATION ORDER OF` `THE YEAR 2016-17.`
`Exhibit P4`	`A TRUE COPY OF THE STAFF FIXATION ORDER OF` `THE YEAR 2017-18.`
`Exhibit P5`	`A TRUE COPY OF THE STAFF FIXATION ORDER OF` `THE YEAR 2018-19.`
`Exhibit P6`	`A TRUE COPY OF THE STAFF FIXATION ORDER OF` `THE YEAR 2019-20.`
`Exhibit P7`	`A TRUE COPY OF THE REVISION PETITION FILED` `BEFORE THE 1ST RESPONDENT.`
`Exhibit P8`	`A TRUE COPY OF THE REVISION PETITION FILED` `BEFORE THE 1ST RESPONDENT DATED 11/07/2022.`
`Exhibit P9`	`A TRUE COPY OF THE ORDER NO.C/2236/2017/K.DIS` `DATED 16/09/2017 PASSED BY THE 4TH` `RESPONDENT.`
`Exhibit P10`	`A TRUE COPY OF THE LETTER SUBMITTED BY THE` `HEADMASTER DATED 09.06.2016.`
`Exhibit P11`	`A TRUE COPY OF THE EXHIBIT-P7 RESUBMITTED TO` `THE 2ND RESPONDENT DGE DATED 26-07-2022.`
`Exhibit P12`	`A TRUE COPY OF THE EXHIBIT-P8 RESUBMITTED TO` `THE 2ND RESPONDENT DGE DATED 27-07-2022.`

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RESPONDENTS EXHIBITS : NIL

The Manager Aup School Pallikkal(Pallam), v. State of Kerala

Case brief

What is this about?

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The Manager Aup School Pallikkal(Pallam), v. State of Kerala

Case brief

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