Disposed

Febina a.P., v. the State of Kerala

Kerala HC14 Nov 2022WP(C)/36393/2022

Case brief

AI extract

What is this about?

The High Court directed the competent Government authority to consider Ext.P20, a consolidated statutory revision petition filed by teachers appointed by a private school's manager, within four months. The Court allowed petitioners to serve a copy of the judgment on the authority.

What did the court decide?

Direction to the competent Government authority to consider and dispose of the statutory revision petition (Ext.P20) within four months.

Febina a.P., Vs the 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

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 14^TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944

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WP(C) NO. 36393 OF 2022

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PETITIONERS:

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1 FEBINA A.P., AGED 34 YEARS

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D/O ABDULLA A.P.HST(HINDI),ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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(RESIDING AT ARCHAMPEEDIKA HOUSE, CHEMBAKUTH, EDAVANNA, MALAPPURAM DISTRICT-676 541),

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2 SHIFA E., HST(ARABIC), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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3 SHAHNA KARADAN,

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HST(PHYSICAL SCIENCE), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT-676 541.

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4 SANEEB C.T., HST(ENGLISH), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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5 ABDUL RAOUF KOTTANGODAN,

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HST (SOCIAL SCIENCE), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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6 MAHROOF P.,

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HST (ENGLISH), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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7 SAFA K.P., UPST, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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8 MOHAMED SALEEM T., OFFICE ATTENDANT, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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9 LUBNA V.C.,

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HST (ARABIC), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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10 JILSHAR KAREEM C.T.,

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WP(C) NO. 36393 OF 2022

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UPST, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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11 ABHISHEK V.A., HST (HINDI), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541. 12 FASLA T.M., FULL TIME MENIAL, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541. 13 JANNA C., UPST, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541. 14 FARSHAD M., LG (ARABIC), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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15 MANHAL V., JUNIOR LANGUAGE TEACHER (ARABIC), ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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

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

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3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, MALAPPURAM DISTRICT- 676505.

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4 THE MANAGER, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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WP(C) NO. 36393 OF 2022

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5 THE HEADMASTER, ISLAHIYA ORIENTAL HIGH SCHOOL, EDAVANNA, MALAPPURAM DISTRICT- 676 541.

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SMT.MARY BEENA JOSEPH-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 36393 OF 2022

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JUDGMENT

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The petitioners say that, even though they

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were appointed validly by the 4 th respondent –

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Manager of “Islahiya Oriental High School”, their approval has not been considered by the competent Educational Authorities, though proposals for the same have been preferred before them by the said Manager. They say that they have, therefore, preferred Ext.P20 Statutory Revision before the Government; and seek that same be directed to be taken up and disposed of, within a time frame to be fixed by this Court.

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2. The afore request of the petitioners,

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as made by their learned counsel –

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Smt.P.A.Jenzia, was opposed by the learned

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Senior Government Pleader – Smt.Mary Beena

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Joseph, saying that petitioners have preferred

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WP(C) NO. 36393 OF 2022

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several Revisions and she pointed out to

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Exts.P1 to P15 in substantiation. She submitted that, therefore, if this Court is inclined to direct the Government to take up Ext.P20, they may be granted sufficient time, so that they

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can go through all relevant aspects and orders, as is warranted.

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Taking note of the afore submissions, I

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order this Writ Petition and direct the

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competent Authority of the Government, to take up Ext.P20 Revision of the petitioners and dispose it of, adverting to other records produced and after affording them, as also the Manager of the School, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months

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from the date of receipt of a copy of this judgment.

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In order to obtain an expeditious

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WP(C) NO. 36393 OF 2022

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compliance of the afore directions, I permit the petitioners to produce a certified copy of this judgment, along with full copy of the Writ Petition, before the competent Authority; and the time frame fixed above, will run from the date on which it is so produced.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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WP(C) NO. 36393 OF 2022

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APPENDIX OF WP(C) 36393/2022

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PETITIO	NERS' EXHI	BITS
Exhibit	P1	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 1ST 01.09.2021 .
Exhibit	P1 A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 1ST 01.06.2022 .
Exhibit	P2	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 2ND 01.06.2022.
Exhibit	P3	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 3RD 23.09.2021
Exhibit	P3 A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 3RD 01.06.2022.
Exhibit	P4	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 4TH 23.09.2021.
Exhibit	P4A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 4TH 01.06.2022.
Exhibit	P5	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 5TH 23.09.2021.
Exhibit	P5A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 5TH 01.06.2022.
Exhibit	P6	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 6TH 14.01.2022.
Exhibit	P6A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 6TH 01.06.2022.
Exhibit	P7	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 7TH 23.02.2022.
Exhibit	P7 A	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 7TH 01.06.2022.
Exhibit	P8	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 8TH 01.06.2022.
Exhibit	P9	TRUE COPY OF THE	APPOINTMENT ORDER OF THE 9TH

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WP(C) NO. 36393 OF 2022

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	PETITIONER DATED 01.06.2022.
Exhibit P10	TRUE COPY OF THE APPOINTMENT ORDER OF THE 10TH PETITIONER DATED 13.06.2022.
Exhibit P11	TRUE COPY OF THE APPOINTMENT ORDER OF THE 11TH PETITIONER DATED 13.06.2022.
Exhibit P12	TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH PETITIONER DATED 16.06.2022.
Exhibit P13	TRUE COPY OF THE APPOINTMENT ORDER OF THE 13TH PETITIONER DATED 20.06.2022.
Exhibit P14	TRUE COPY OF THE APPOINTMENT ORDER OF THE 14TH PETITIONER DATED 01.07.2022.
Exhibit P15	TRUE COPY OF THE APPOINTMENT ORDER OF THE 15TH PETITIONER DATED 15.07.2022.
Exhibit P16	TRUE COPY OF THE DECISION REPORTED IN 2022 (4) KLT 426 DATED 03.08.2020 (RESHMI R. NAIR V. STATE OF KERALA.
Exhibit P17	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 17632/2021 DATED 10.08.2022.
Exhibit P18	TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE ISSUED BY THE DISTRICT MEDICAL BOARD, GENERAL HOSPITAL, MAJERI TO THE 7TH PETITIONER DATED 10.06.2014.
Exhibit P19	TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL, NILMBUR TO THE 13TH PETITIONER DATED 22.11.2008.
Exhibit P20	TRUE COPY OF THE CONSOLIDATED REVISION PETITION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 25.10.2022 ALONG WITH SENDING RECEIPT (WITHOUT EXHIBITS)

Febina a.P., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Febina a.P., v. the State of Kerala

Case brief

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What did the court decide?

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