Two review petitions were admitted after hearing both sides on employer representations regarding post availability and teacher accommodation. The court diagnosed errors on the face of the record.
The common judgment dated 24.08.2022 in W.P.(C) Nos. 13028/2022 and 23285/2022 is recalled. Matter is posted for final hearing.
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
FRIDAY, THE 13THDAY OF JANUARY 2023 / 23RD POUSHA,1944
RP NO. 1309 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 13028/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN WPC:
1 |
STATE OF KERALASTATE OF KERALA, REPRESENTED BYSECRETARY TO GOVERNMENT, GENERALEDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001 |
|---|---|
2 |
THE DIRECTOR OF GENERAL EDUCATION,OFFICE OF THE DIRECTOR OF GENERALEDUCATION, JAGATHY,THIRUVANANTHAPURAM-695 014.DIRECTOR OF GENERAL EDUCATION, OFFICEOF THE DIRECTOR OF GENERAL EDUCATION,JAGATHY, THIRUVANANTHAPURAM,PIN - 695014 |
3 |
DEPUTY DIRECTOR OF EDUCATION, OFFICEOF THE DEPUTY DIRECTOR OF EDUCATION,ERNAKULAM, KAKKANAD-682 030,OFFICIATING AS MANAGER, CENTRAL BOARDOF ANGLO INDIAN EDUCATION(REG.NO.9/1953), PERUMANOOR.P.O.,KOCHI-682 015.REPRESENTED BY GOVERNMENT PLEADER,HIGHCOURT OF KERALA, PIN - 682031 |
4 |
THE ASSISTANT EDUCATIONAL OFFICER,OFFICE OF THE ASSISTANT EDUCATIONALOFFICER, IRINJALAKUDA-680 121.REPRESENTED BY GOVERNMENT PLEADER, |
HIGH COURT OF KERALA, PIN - 682031BY ADV GOVERNMENT PLEADER |
RP NOS. 1309 OF 2022 & 43 OF 2023
2
RESPONDENT/PETITIONER IN WPC:
JUDIT J.BIVERA, W/O SHINE AVERESH,
AGED 42 YEARS
VALIAMARATHINGAL HOUSE, KADUKUTTY,
CHALAKKUDY-680 309, THRISSUR
DISTRICT, WORKING AS LPSA, DON BOSCO
EUROPEAN PRIMARY SCHOOL, PADIYOOR,
VELLANGALLUR VIA, THRISSUR-680688,
PIN - 680309
BY ADV V.VIJULAL
THISREVIEWPETITIONHAVINGCOMEUPFORADMISSIONON
13.01.2023,ALONGWITHR.P.No.43of2023,THECOURTONTHESAME
DAY DELIVERED THE FOLLOWING:
RP NOS. 1309 OF 2022 & 43 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 13THDAY OF JANUARY 2023 / 23RD POUSHA,1944
RP NO. 43 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 23285/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS IN WPC:
1STATE OF KERALA
REPRESENTED BY SECRETARY TO
GOVERNMENT, GENERAL EDUCATION
DEPT., SECRETARIAT ,
THIRUVANANTHAPURAM., PIN - 695001
2THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICER, EDAVANAKKAD, VYPIN,
ERNAKULAM., PIN - 682502
3THE MANAGER, CENTRAL BOARD OF ANGLO
INDIAN EDUCATION, PERUMANOOR
(EX-OFFFICIO MANAGER-DEPUTY
DIRECTOR OF EDUCATION,ERNAKULAM)
OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION,ERNAKULAM AT KAKKANAD.,
PIN - 682030
BY ADVS.
GOVERNMENT PLEADER
PUBLIC PROSECUTOR
RP NOS. 1309 OF 2022 & 43 OF 2023
4
RESPONDENT/PETITIONER IN WPC:
A J HONEY SWEET
LPSA , EUROPIAN PRIMARY
SCHOOL, VYPIN, ERNAKULAM,
PIN - 682502
THISREVIEWPETITIONHAVINGCOMEUPFORADMISSIONON
13.01.2023,ALONGWITHR.P.No.1309OF2022,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:
RP NOS. 1309 OF 2022 & 43 OF 2023
5
ORDER
These review petitions are filed seeking to review the common judgment dated 24.08.2022 in W.P.(C) Nos.13028/2022 and 23285/2022.
RP NOS. 1309 OF 2022 & 43 OF 2023
6
These revision Petitions will stand allowed. The common judgment dated 24.08.2022 in W.P.(C) Nos.13028/2022 and 23285/2022 will stand recalled.
Post the matter for final hearing after a week.
sd/- RAJA VIJAYARAGHAVAN V, JUDGE
ams
3 issues framed by the court
Whether to allow the review petitions filed against the common judgment in WP(C) Nos. 13028/2022 and 23285/2022 regarding appointment objections.
Whether errors apparent on the face of the record warrant an exercise of powers in review.
How to dispose of the presumptive orders in these review petitions.
JUDIT J.BIVERA
A J HONEY SWEET
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court