Disposed

Vineetha Paul v. the Director of General Education

Kerala HC11 Apr 2023WP(C)/1618/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by an Upper Primary School teacher whose appointment for the period 01.06.2016 to 05.06.2019 was rejected by authorities. The Court set aside the rejection order and directed the Deputy Director to reconsider the matter based on specific Government Orders and this Court's earlier judgment within two months.

What did the court decide?

Ex.P6 set aside; 2nd respondent directed to reconsider the appointment approval within two months relying on Ex.P11 and Ex.P8-P10.

Vineetha Paul Vs the Director of General Education — Education and Admissions | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 WP(C) NO. 1618 OF 2023

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PETITIONER:

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VINEETHA PAUL AGED 39 YEARS WIFE OF MATHEW ABRAHAM KOKAD, MALLIKASSERY, POOVARANY, MALLIKASERY, KOTTAYAM KERALA, PIN - 686577

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BY ADVS. LUKE J CHIRAYIL M.G.SREEJITH A.L.NAVANEETH KRISHNAN ASWATHY KRISHNAN ELSA MARY THOMAS AMAL JOSE

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RESPONDENTS:

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1 THE DIRECTOR OF GENERAL EDUCATION DEPARTMENT OF GENERAL EDUCATION FIRST FLOOR,NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695014

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2 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM OFFICE OF THE DEPUTY DIRECTOR PALACE ROAD, KOTTAYAM, KERALA, PIN - 686001

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3 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPALLI OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KANJIRAPPALLY, POST OFFICE ROAD, PONKUNNAM, KERALA, PIN - 686506

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4 THE MANAGER THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALA SHALOM PASTORAL CENTRE, PALA, KERALA, PIN - 686575

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OTHER PRESENT:

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SRI.K.M.FAISAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1618 OF 2023

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P.V.KUNHIKRISHNAN, J.

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===================== W.P.(C).No.1618 of 2023

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===================== Dated this the 11^th day of April, 2023

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J U D G M E N T

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The above writ petition is filed with the following prayers;

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“ i. Issue a writ of certiorari calling for the records leading to Ext.P2, P3, P5 & P6 and set aside the same;.

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ii. Issue a writ of mandamus directing the 2^nd respondent to approve the appointment of the petitioner from 01.06.2016 to 05.06.2019 as UPST in the light of Ext.P8, P9, & P11;.

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iii. Declare that the appointment of the petitioner from 01.06.2016 to 05.06.2019 is liable to be approved in view of the various executive orders issued by the government and the law laid down by this Court;

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iv. Declare that the delay in approval of the appointment of the petitioner from 01.06.2016 to 05.06.2019 is arbitrary and unfair;

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v. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents;

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vi. Issue any other order or relief which this court deem fit.”[SIC]

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2 . The petitioner is appointed as an Upper Primary

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School teacher in an additional vacancy as per Ext.P1 and P4

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orders. Aforesaid appointment was rejected by the

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WP(C) NO. 1618 OF 2023

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educational authorities and the Manager availed statutory remedies which are also rejected. In the meantime Ext.P8 to P10 orders has been passed specifically pertaining to the approval of appointment made from 2016 onwards based on a declaration by the Manager that a protected teacher will be appointed in the future vacancies. Ext.P11 judgment was also issued by this Court, directing to consider similar claim. Hence this writ petition is filed.

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3 . The grievance of the petitioner is that, the petitioner's appointment from 01.06.2016 to 01.06.2019 is not approved.

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4 . Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice is issued to the 5 th respondent there is no appearance. In the light of Ext.P11 judgment and also in the light of Ext. P8 to P10, I think the matter has to be reconsidered by the 2 nd respondent. Therefore, I am of the considered opinion that, Ext.P6 can be set aside and 2 nd respondent can be directed to reconsider the matter in the light of Ext.P11 judgment and also in the light of

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WP(C) NO. 1618 OF 2023

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Ext. P8 to P10.

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Therefore, this writ petition is disposed of with the following directions.

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1 . Ext. P6 is set aside.

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2 . The 2 nd respondent is directed to reconsider the

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matter in the light of the principle laid down in Ext.P11 judgment and also in the light of Ext.P8 to P10 orders as expeditiously as possible at any rate with in period of two months from the date of receipt of a copy of this judgment.

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3 . The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2 nd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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saap

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WP(C) NO. 1618 OF 2023

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APPENDIX OF WP(C) 1618/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER NUMBERED B/105/201 DATED 01.06.2016
Exhibit P2	TRUE COPY OF THE ORDER NUMBERED B4/5122/2016/K.DIS DATED 18.05.2017 ISSUED BY THE 3RD RESPONDENT
Exhibit P3	TRUE COPY OF THE ORDER NUMBERED B4/9732/2017/L.DIS DATED 12.02.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P4	TRUE COPY OF THE APPOINTMENT MEMO WITH REFERENCE NUMBER B/105/2017 DATED 01.06.2017
Exhibit P5	TRUE COPY OF THE ORDER WITH NUMBER B4/5163/2017/K.DIS DATED 09.11.2017
Exhibit P6	TRUE COPY OF THE ORDER NUMBERED B4/909/2018/L.DIS DATED 25.02.2019
Exhibit P7	TRUE COPY OF THE COMMUNICATION WITH REFERENCE NUMBER B4/2562/2019 DATED 13.06.2019
Exhibit P8	THE TRUE COPY OF THE SAID GOVERNMENT ORDER NUMBERED 4/2021/GEDN DATED 06.02.2021
Exhibit P8(a)	THE TRUE TYPED COPY OF EXT.P8
Exhibit P9	A COPY OF THE GOVERNMENT ORDER NUMBERED J2/87/2020/GEDN DATED 25.02.2021
Exhibit P10	COPY OF THE CIRCULAR NUMBERED H2/19500/2019/GEDN DATED 26.02.2021
Exhibit P11	TRUE COPY OF THE JUDGMENT DATED 05.04.2021

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WP(C) NO. 1618 OF 2023

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IS WPC NO. 3243/2018

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Exhibit P12 TRUE COPY OF THE ORDER WITH REFERENCE NUMBER B4/219992/2021 DATED 28.05.2021 ISSUED BY THE 2ND RESPONDENT

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//True copy//PA to Judge

Vineetha Paul v. the Director of General Education

Case brief

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Vineetha Paul v. the Director of General Education

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