Allowed

Rani S. v. the State of Kerala

Kerala HC12 Oct 2022WP(C)/9406/2022

Case brief

AI extract

What is this about?

This Writ Petition was disposed of in court with a direction to the State of Kerala to consider the petitioner's pending promotion petition filed under Rule 65 of Chapter XIV-C of the KER. The court ordered the respondent to afford an opportunity of being heard to the petitioner and the manager, and to pass an appropriate order expeditiously within four months. The writ petition was disposed of at

What did the court decide?

Direction to the 1st respondent to consider the pending petition filed by the petitioner under Rule 65 of Chapter XIV-C of the KER after affording an opportunity of being heard to the petitioner and t

Rani S. Vs the State of Kerala — Specific Performance | Kerala HC (2022)

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WP(C) NO. 9406 OF 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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WEDNESDAY, THE 12^TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 WP(C) NO. 9406 OF 2022

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PETITIONER/S:

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RANI S. AGED 54 YEARS WIFE OF KOLIYAKODE MOHAN KUMAR, HEADMISTRESS, S K V HIGHER SECONDARY SCHOOL, NANNIYODE , ATTINGAL 695 562, THIRUVANANTHAPURAM DISTRICT (RESIDING AT AARADHYA HR/66, HARITHAM NAGAR, ENIKKARA, KARAKULAM, THIRUVANANTHAPURAM 695 564)

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENT/S:

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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, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTI NAGAR, THIRUVANANTHAPURAM 695 001

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION FORT, THIRUVANANTHAPURAM 695 036

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4 THE DISTRICT EDUCATIONAL OFFICER ATTINGAL, THIRUVANANTHAPURAM 695 562

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WP(C) NO. 9406 OF 2022

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5 THE MANAGER S K V HIGHER SECONDARY SCHOOL, NANNIYODE, ATTINGAL 695 562, THIRUVANANTHAPURAM DISTRICT

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SMT NISHA BOSE, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9406 OF 2022

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JUDGMENT

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The petitioner states that she was appointed as HST (Maths) in the SKV Higher Secondary School, Nanniyode with effect from 16.09.1991 onwards. Relying on Exts.P1 and P2, it is contended that the petitioner has approved service as Headmistress of the school from 1.4.2020. It is contended that the school was upgraded as Higher Secondary School during

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the academic year 2014-2015 and in view of the above development, appointment to the post of Principal became imperative. As the petitioner is the only incumbent qualified for promotion to the post of Principal, she requested the manager to appoint her as the Principal, but no action was taken. In the said circumstances, the petitioner is stated to have preferred Ext.P5 petition invoking Rule 65 of Chapter XIV-C of the KER before the 1st respondent, which is stated to be pending.

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Sri. M. Sajjad, the learned counsel appearing for the petitioner, submitted that direction be issued to the 1st respondent to consider Ext.P5

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WP(C) NO. 9406 OF 2022 4

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and take a decision in accordance with the law.

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Heard the learned Government Pleader. In view of the nature of the

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order that I propose to pass, no prejudice would be caused to the 5th

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respondent if notice is dispensed with.

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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

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circumstances, I am of the view that this writ petition can be disposed of at

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the admission stage itself 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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up, consider and pass appropriate orders on Ext.P5 after

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affording an opportunity of being heard, either physically

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or virtually, to the petitioner herein or her authorized

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representative and the 5th respondent.

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b) Orders, as directed above, shall be passed

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expeditiously, in any event, within four months from the

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WP(C) NO. 9406 OF 2022

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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

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the writ petition along with the judgment before the

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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

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JUDGE

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WP(C) NO. 9406 OF 2022

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APPENDIX OF WP(C) 9406/2022

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PETITIONER(S) EXHIBITS :

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Exhibit P1	TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 01-01-2020
Exhibit P2	TRUE COPY OF THE ORDER NO. B2/105485/2020 DATED 03-12-2020 OF THE DEO, ATTINGAL
Exhibit P3	TRUE COPY OF THE DECISION REPORTED IN 2005 KHC 19 DECIDED ON 04-11-2004
Exhibit P4	TRUE COPY OF THE PETITION SUBMITTED BEFORE THE MANAGER DATED 24-06-2021
Exhibit P5	TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 24-01-2022
Exhibit P6	TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DECIDED ON 26-02-2016
Exhibit P7	TRUE COPY OF THE G.O(MS) NO.290/2006/G.EDN DATED 02-12-2006
Exhibit P8	TRUE COPY OF THE G.O(RT) NO.5014/2019/GEDN DATED 21.11.2019 OF THE GOVERNMENT
Exhibit P9	TRUE COPY OF THE G.O(RT) NO.1260/2019/GEDN DATED 01-04-2019 OF THE GOVERNMENT.
Exhibit P10	TRUE COPY OF THE G.O(RT) NO. 1992/2020/G.EDN DATED 16-06-2020 OF THE GOVERNMENT.
Exhibit P11	TRUE COPY OF THE G.O(RT) NO 2913/2021/G.EDN DATED 02-06-2021 OF THE GOVERNMENT
Exhibit P12	TRUE COPY OF THE G.O (RT) NO 5106/2021/G.EDN DATED 12-11-2021 OF THE GOVERNMENT
Exhibit P13	TRUE COPY OF THE G.O(RT) NO. 5829/2021/G.EDN DATED 13-12-2021 OF THE GOVERNMENT.
Exhibit P14	TRUE COPY OF THE DECISION REPORTED IN 2007(1) KHC 1027 DECIDED ON 12-01-2007

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RESPONDENT(S) EXHIBITS : NIL

Rani S. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rani S. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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