Disposed

The Manager, Sariga Public School v. State of Kerala

Kerala HC17 Jan 2023WP(C)/1078/2023

Case brief

AI extract

What is this about?

The Court issued directions to the Education Department to reconsider revision petitions regarding the appointment of a teacher at an aided school, mandating a hearing and disposal within four months.

What did the court decide?

Directions issued to the 2nd respondent to consider the petitioner's revision petitions, P6 and P8, within four months after affording an opportunity of hearing.

The Manager, Sariga Public School Vs State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

WP(C) NO. 1078 OF 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 17^TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 WP(C) NO. 1078 OF 2023

¶6

PETITIONER/S:

¶7

THE MANAGER, SARIGA PUBLIC SCHOOL AGED 54 YEARS (AIDED LOWER PRIMARY SCHOOL) KARIYANKODE, KUZHALMANNAM, PALAKKAD , PIN – 678702 BY ADV U.BALAGANGADHARAN

¶8

RESPONDENT/S:

¶9

1 STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM – 695001

¶10

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM – 695014 3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD – 678001 4 THE ASSISTANT EDUCATIONAL OFFICER, KUZHALMANNAM, PALAKKAD – 678702 5 MS. RANJINI O.N LOWER PRIMARY SCHOOL TEACHER,

¶11

WP(C) NO. 1078 OF 2023

¶12

¶13

SARIGA PUBLIC SCHOOL, KARIYANKODE PALAKKAD - 678702 SMT NISHA BOSE, SR. GP

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 1078 OF 2023

¶16

¶17

JUDGMENT

¶18

The petitioner states that he is the manager of the Sariga Public

¶19

School, an aided lower primary school governed by the provisions of the

¶20

Kerala Education Act and the Rules framed thereunder. The petitioner has approached this Court seeking issuance of directions to the 4th respondent to approve the appointment of the 5th respondent as LPST in the Sariga Public School, Kariyankkode. It is further submitted that, challenging Ext.P5 order issued by the AEO rejecting the proposal for approval of appointment of the 5th respondent, the petitioner has preferred Ext.P6 revision petition before the 2nd respondent. In the resultant vacancy of LPSA which arose upon shifting of

¶21

the 5th respondent, the petitioner has appointed Smt. Finosiya on daily wages.

¶22

However, on the premise that the appointment of Smt. Rajani O.N. has not been approved, the 4th respondent has rejected the daily wage appointment. It is contended that challenging the said order the petitioner has preferred Ext.P8 revision petition before the 2nd respondent.

¶23

Learned counsel appearing for the petitioner submits that for the

¶24

WP(C) NO. 1078 OF 2023

¶25

¶26

time being, the petitioner would be satisfied if directions are issued to the 2nd

¶27

respondent to consider Exts.P6 and P8 within a time frame with due notice.

¶28

Heard Smt. Nisha Bose, the learned Senior Government Pleader.

¶29

In view of the order that I propose to pass, notice to the 5th

¶30

respondent is dispensed with.

¶31

After having carefully evaluated the contentions raised in this writ

¶32

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

¶33

issuing the following directions:

¶34

a) There will be a direction to the 2nd respondent to

¶35

take up, consider and pass appropriate orders on Exts.P6

¶36

and P8 after affording an opportunity of being heard, either

¶37

physically or virtually, to the petitioner herein or his/her

¶38

authorized representative, the 5th respondent and other

¶39

affected parties if any.

¶40

b) Orders, as directed above, shall be passed

¶41

WP(C) NO. 1078 OF 2023

¶42

¶43

expeditiously, in any event, within four months from the

¶44

date of production of a copy of this judgment.

¶45

c) It would be open to the petitioner to produce a copy

¶46

of the writ petition along with the judgment before the

¶47

concerned respondent for further action.

¶48

This writ petition is disposed of.

¶49

Sd/-

¶50

RAJA VIJAYARAGHAVAN V

¶51

JUDGE

¶52

¶53

WP(C) NO. 1078 OF 2023

¶54

¶55

APPENDIX OF WP(C) 1078/2023

¶56

PETITIONER(S) EXHIBITS :

¶57

Exhibit P 1	A TRUE COPY OF ORDER NO. DDS.C/26194/22 ISSUED BY THE 4TH RESPONDENT DATED 10.5.2022
Exhibit P 2	A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER, SARIGA PUBLIC SCHOOL DATED 15.7.2022
Exhibit P 3	A TRUE COPY OF THE STAFF FIXATION ORDER NO. C/49382/2022 ISSUED BY THE 4TH RESPONDENT DATED 5.8.2022
Exhibit P 4	A TRUE COPY OF THE ORDER NO. L.DIS.C/2343/22 DATED 10.11.2022 ISSUED BY THE 4TH RESPONDENT AEO
Exhibit P 5	A TRUE COPY OF THE ORDER NO. K.DIS.C/34348/22 DATED 20.10.2022 OF THE 4TH RESPONDENT
Exhibit P 6	A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10.11.2022
Exhibit P 7	A TRUE COPY OF THE ORDER NO. K.DIS.C/34349/2022 ISSUED BY THE 4TH RESPONDENT DATED 3.11.2022
Exhibit P 8	A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16.12.2022

¶58

RESPONDENT(S) EXHIBITS : NIL

The Manager, Sariga Public School v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, Sariga Public School v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Manager( Iype Varghese) Vs State of Kerala

Sruthi.K.v Vs State of Kerala

Ummer P.K Vs State of Kerala Represented by Secretary to Government

C.P.Sunanda Vs State of Kerala

Regini.T.a. Vs the State of Kerala

Anjaly Joseph Vs the Mahatma Gandhi University