Petitioner, an UPST, sought direction to consider her revision petition against appointment rejection. Court directed 1st respondent to decide after hearing within two months.
Direction to 1st respondent to consider Revision Petition (Ext.P9) in light of Exts.P7 and P8, after affording opportunity of hearing, within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 3889 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944 WP(C) NO. 3889 OF 2022
PETITIONER:
RASEENA C.P AGED 40 YEARS WIFE OF MOHAMMED ABBAS, UPST, AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD DISTRICT, 679 532, (RESIDING AT CHARUPADIKKAL HOUSE, TIRUNITTACODE P.O., PALAKKAD DISTRICT-679 533)
BY ADVS. V.A.MUHAMMED P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT , SECRETARIAT ANNEXE-11, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT EDUCATIONAL OFFICER RAILWAY STATION ROAD, OTTAPALAM, PALAKKAD DISTRICT 679 101 3 THE ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD DISTRICT-679 134.
4 THE MANAGER, AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD DISTRICT-679 532.
5 THE HEADMASTER, AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD DISTRICT-679 532.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner states that she was appointed as UPST in the AUP School, Irumbakassery, with effect from 15.07.2021 against a retirement vacancy. Being aggrieved by the rejection of approval, the petitioner is stated to have preferred Ext.P9 revision petition. Prayer in this writ petition is for a direction to the 1st respondent to consider Ext.P9 in the light of Exts.P7 and P8 and take a decision expeditiously and with due notice.
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Ext.P9 in the light of Exts.P7 and P8, after affording an opportunity of being heard,
WP(C) NO. 3889 OF 2022
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either physically or virtually, to the petitioner herein or her authorized representative and respondents 4 and 5.
b) Orders, as directed above, shall be passed expeditiously, in
any event, within a period of two months from the date of production of a copy of this judgment.
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.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
WP(C) NO. 3889 OF 2022
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APPENDIX OF WP(C) 3889/2022
| PETITION | ER'S EXHIBITS: |
|---|---|
| Exhibit | P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.7.2021 |
| Exhibit | P2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF OF THE SCHOOL, DATED 15.7.2021 |
| Exhibit | P3 TRUE COPY OF THE ORDER NO.C/15204/2021 DATED 17.9.2021 OF THE AEO, THRITHALA |
| Exhibit | P4 TRUE COPY OF THE ORDER NO.B4/195631/2021 DATED 5.11.2021 OF THE DEO, OTTAPPALAM |
| Exhibit | P5 TRUE COPY OF THE GO(P) NO 3/2019/G.EDN DATED 28.2.2019 |
| Exhibit | P6 TRUE COPY OF THE GOVERNMENT CIRCULAR NO J2/57/2019/G.EDN DATED 8.3.2019 |
| Exhibit | P7 TRUE COPY OF THE GOVERNMENT LETTER NO 60930/J2/G.EDN DATED 25.10.2011 |
| Exhibit | P8 TRUE COPY OF THE JUDGMENT IN WA NO.2032/2018 DATED 12.3.2019 |
| Exhibit | P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 31.12.2021 (WITHOUT EXHIBITS) |
| RESPONDE | NTS' EXHIBITS: |
NIL
1 issue framed by the court
Whether a direction to consider a revision petition and pass an order after affording a hearing is an appropriate exercise of writ jurisdiction.
Raseena C.P
The State of Kerala
District Educational Officer
Assistant Educational Officer
Manager AUP School
Headmaster AUP School
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
