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The Thanbeehul Islam Higher Secondary School v. State of Kerala

Kerala HC10 Nov 2022WP(C)/3091/2022

Case brief

AI extract

What is this about?

The High Court of Kerala issued directions to the State Government and Education officials to consider and pass appropriate orders on a revision petition submitted by the school manager within three months, after affording the petitioner an opportunity of being heard physically or virtually.

What did the court decide?

Directions issued to the 1st respondent to consider and pass appropriate orders on Ext.P10 after affording an opportunity of being heard to the petitioner within three months.

The Thanbeehul Islam Higher Secondary School Vs State… — Service and Employment | 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 10THDAY OF NOVEMBER 2022 / 19TH KARTHIKA,1944
WP(C) NO. 3091 OF 2022

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PETITIONER:

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THE THANBEEHUL ISLAM HIGHER SECONDARY SCHOOL
NAIMARMOOLA, VIDYA NAGAR, KASARGODE-671 123,
REPRESENTED BY ITS MANAGER(M. ABDULLA HAJI)

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BY ADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11,
THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION KASARGODE, CIVIL STATION, VIDYA NAGAR P.O. KASARGODE DISTRICT-671 124.

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4 THE DISTRICT EDUCATIONAL OFFICER KASARGODE, NEAR RAILWAY STATION, KASARGODE-671 121.

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5 SMT. P.SREEMA, HIGH SCHOOL TEACHER (SANSKRIT), THANBEEHUL ISLAM HIGHER SECONDARY SCHOOL, NAIMARMOOLA, VIDYA NAGAR, KASARGODE-671 123.

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SMT.NISHA BOSE, SR GOVERNMENT PLEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No.3091 of 2022

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JUDGMENT

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The petitioner states that he is the Manager of Thanbeehul Islam

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Higher Secondary School, Naimarmoola. This writ petition is filed seeking a declaration that the appointment of the 5th respondent was made against a regular post and not against an additional post and for a further direction to the 1st respondent to consider and pass orders on Ext.P10 within a time frame.

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Sri.M.Sajjad, the learned counsel appearing for the petitioner,

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submits that the petitioner would be satisfied if directions are issued to the 1st respondent to consider pass orders on Ext.P10 after adverting to Exts P5 to P9 Government Orders.

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I have heard the learned Government Pleader.

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After having carefully evaluated the contentions raised in this writ

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petition, the submissions made across the Bar, and the facts and circumstances,

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I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take

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W.P. (C) No.3091 of 2022

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up, consider and pass appropriate orders on Ext.P10 adverting to Exts P5 to P9, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative.

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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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IAP

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W.P. (C) No.3091 of 2022

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APPENDIX OF WP(C) 3091/2022

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE DECLARATION OF THE MANAGER DATED` `4.11.2021.`
`Exhibit P2`	`TRUE COPY OF THE ORDER NO.RA(4)36707/2018/DPI/D.DIS` `DATED 20.3.2019 OF THE 2ND RESPONDENT.`
`Exhibit P3`	`TRUE COPY OF THE JUDGMENT IN OP NO.11107/1994-V` `DATED 14.3.1996.`
`Exhibit P4`	`TRUE COPY OF THE CIRCULAR NO.G3/125/2019/G.EDN DATED` `14.8.2019 OF THE GOVERNMENT.`
`Exhibit P5`	`TRUE COPY OF THE GO(RT) NO.514/2021/G.EDN DATED` `19.1.2021 OF THE GOVERNMENT.`
`Exhibit P6`	`TRUE COPY OF THE GO(RT)NO.944/2021/G.EDN DATED` `2.2.2021 OF THE GOVERNMENT.`
`Exhibit P7`	`TRUE COPY OF THE GO(RT)NO.2090/2021/G.EDN DATED` `5.3.2021 OF THE GOVERNMENT.`
`Exhibit P8`	`TRUE COPY OF THE GO(RT)NO.2113/2021/G.EDN DATED` `8.3.2021 OF THE GOVERNMENT.`
`Exhibit P9`	`TRUE COPY OF THE GO(RT)NO.4159/2021/G.EDN DATED` `20.9.2021 OF THE GOVERNMENT.`
`Exhibit P10`	`TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE` `THE GOVERNMENT BY THE PETITIONER DATED 31.12.2021` `(WITHOUT EXHIBITS)`
`Exhibit P11`	`TRUE COPY OF THE STAFF FIXATION ORDER 2016-2017 DATED` `20/12/2017 OF THE DEO, KASARGODE.`

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RESPONDENTS EXHIBITS : NIL

The Thanbeehul Islam Higher Secondary School v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Thanbeehul Islam Higher Secondary School v. State of Kerala

Case brief

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