In this writ petition, the petitioner sought directions for the 1st respondent to decide on his representation regarding staff fixation and a direction to grant approval to his appointment order, with notice to other respondents.
Direction to the 1st respondent to consider Ext.P7, afford opportunity of hearing, and pass orders within three 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 1STDAY OF NOVEMBER 2022 / 10TH KARTHIKA,1944
WP(C) NO. 3923 OF 2022
PETITIONER/S:
JITHIN GOPAL
AGED 33 YEARS
SON OF GOPALAKRISHNAN, LOWER PRIMARY SCHOOL ASSISTANT,
AUP SCHOOL, CHEERAL, SULTHAN BATHERY, WAYANAD DISTRICT-673
595, (RESIDING AT MUNDAKOLLI VEED, MUKKUTHIKUNNU P.O.,
CHEERAL VIA SULTHAN BATHERY WAYANAD DISTRICT-673 595.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695 001.
2THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3THE ASSISTANT EDUCATIONAL OFFICER,
SULTHAN BATHERY, WAYANAD DISTRICT-673 592.
4THE MANAGER,
AUP SCHOOL, CHEERAL, SULTHAN BATHERY,
WAYANAD DISTRICT-673 595.
5THE HEADMASTER,
AUP SCHOOL, CHEERAL, SULTHAN BATHERY,
WAYANAD DISTRICT-673 595.
SMT.MARY BEENA JOSEPH, SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON01.11.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
W.P. (C) No.3923 of 2022
2
JUDGMENT
This writ petition is filed seeking the following reliefs:-
(i) call for the records relating to Exts.P1, P2, P4 and P6 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or appropriate writ order or direction commanding the respondents to grant approval to Exhibit P9.
(iii) issue a writ of mandamus or appropriate order direction commanding the 1st respondent to take a decision on Ext.P7 with notice to the petitioner in a time bound manner.
2. Sri.M.Sajjad, the learned counsel appearing for the petitioner,
submitted that the limited prayer is for issuance of directions to the 1st
respondent to consider Ext.P7 in an expeditious manner.
3. Heard the learned Government Pleader.
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
W.P. (C) No.3923 of 2022
3
issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, after
affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and respondents 4 and 5.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Sru
W.P. (C) No.3923 of 2022
4
APPENDIX OF WP(C) 3923/2022
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THE ORDER NO.D/131/2012/L.DISDATED 11.09.2012 OF THE AEO, SULTHAN BATHERY. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE ORDER NO.G3/14452/2013 /DPI/K.DIS DATED 20.07.2013 OF THE ADDITIONALDIRECTOR (ACADEMIC). |
Exhibit P3 |
TRUE COPY OF THE GO(RT) N.2439/2014/G.EDN DATED20.06.2014. |
Exhibit P4 |
TRUE COPY OF THE ORDER NO.D/336/2017/K.DISDATED 06.03.2017 OF THE AEO, SULTHAN BATHERY. |
Exhibit P5 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BYTHE PETITIONER BEFORE THE GOVERNMENT DATED03.07.2019. |
Exhibit P6 |
TRUE COPY OF THE GOVERNMENT LETTERNO.251/K1/2020/G.EDN DATED 11.02.2021ADDRESSING THE PETITIONER. |
Exhibit P7 |
TRUE COPY OF THE PETITION MOVED BY THEPETITIONER BEFORE THE GOVERNMENT DATED10.03.2021. |
Exhibit P8 |
TRUE COPY OF THE INFORMATION RECEIVED UNDER THERIGHT TO INFORMATION ACT VIDENO.E/671/2021/K.DIS DATED 25.02.2021 ADDRESSINGTHE PETITIONER BY THE A.K.CHINNAN, STATE PUBLICINFORMATION OFFICER. |
Exhibit P8A |
TRUE COPY OF THE LETTER DATED 01.07.2019 OF THEHEADMASTER. |
Exhibit P9 |
TRUE COPY OF THE APPOINTMENT ORDER OF THEPETITIONER DATED 04.06.2012. |
W.P. (C) No.3923 of 2022
5
Exhibit P10 |
TRUE COPY OF THEPETITIONER DATED |
APPOINTMENT ORDER OF THE03.06.2013. |
|---|---|---|
Exhibit P11 |
TRUE COPY OF THEYEAR 2010-11 VIDE13.08.2010 OF THE |
STAFF FIXATION ORDER FOR THENO.D.DIS D/1646/2010 DATEDAEO, SULTHAN BATHERY. |
Exhibit P11A |
TRUE COPY OF THE208-09 VIDE NO.D.13.08.2010 OF THE |
RE FIXATION ORDER FOR THE YEARDIS D/2337/2009 DATEDAEO, SULTHAN BATHERY. |
Exhibit P11B |
TRUE COPY OF THEYEAR 2012-13 VIDE13.08.2010 OF THE |
STAFF FIXATION ORDER FOR THENO.L.DIS D/4724/2018 DATEDAEO, SULTHAN BATHERY. |
Exhibit P12 |
TRUE COPY OF THEDATE 24.05.2019. |
JUDGMENT IN WPC NO.37644/2017 |
RESPONDENTS EXHIBITS : NIL
2 issues framed by the court
Whether the 1st respondent is directed to consider the petitioner's representation (Ext.P7) and pass appropriate orders expeditiously?
Whether the petitioner is entitled to a writ of mandamus directing the school authorities to grant approval to the appointment order?
Jithin Gopal
State of Kerala
Director of General Education
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