Disposed

Unais.P.P v. Director of General Education

Kerala HC19 Jan 2023WP(C)/1748/2023

Case brief

AI extract

What is this about?

Writ petition challenging the abolition of an Arabic Teacher post and seeking restoration. The High Court disposed of the petition by directing the first respondent to expeditiously consider a pending revision petition after affording a hearing opportunity, ordering action within four months.

What did the court decide?

Direction to the first respondent to consider the revision petition after a hearing opportunity within four months.

Unais.P.P Vs Director of General Education — Education and Admissions | Kerala HC (2023)

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WP(C) NO. 1748 OF 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 1748 OF 2023

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PETITIONER:

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UNAIS.P.P AGED 37 YEARS S/O.MUHAMMEDKUTTY, ARABIC TEACHER, AIDED U.P.SCHOOL, MALAMAKKAVU.P.O, KOODALLUR(VIA), PALAKKAD DISTRICT, PIN - 679554

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BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S.

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RESPONDENTS:

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1 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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2 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT, PIN - 678001

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3 ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD DISTRICT, PIN - 679534

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1748 OF 2023

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JUDGMENT

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The instant writ petition is filed seeking the following reliefs:-

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(i) to issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibits P2 order to the extent it abolishes one post of Arabic Teacher.

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(ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to restore one post of Arabic Teacher at Sided UP School, Malamakkavu.

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(iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider Exhibit P3 revision, pending disposal of the writ petition.

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2. Sri. George Abraham, the learned counsel appearing for the

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petitioner, submits that though, as per the statutory provisions, only 30 students are needed for sanctioning the post of Arabic teacher, 77 students are available in the school. The learned counsel would also refer to the revised teacher-student ratio and contends that there would be 15 periods per week. These aspects were not reckoned. The learned counsel requests that directions be issued to the respondents to consider Ext.P3 revision petition and take a decision expeditiously.

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I have heard Smt. Nisha Bose, the learned senior Government

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Pleader.

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WP(C) NO. 1748 OF 2023

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After having carefully evaluated the contentions raised in this writ 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 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 up, consider and pass appropriate orders on Ext.P3 revision petition after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative.

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b) Orders, as directed above, shall be passed expeditiously, in

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any event, within four months from the 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 the

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writ petition along with the judgment before the 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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IAP

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WP(C) NO. 1748 OF 2023

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APPENDIX OF WP(C) 1748/2023

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2015 OF THE PETITIONER

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Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER DATED 3-8-2022

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Exhibit P3 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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RESPONDENTS' EXHIBITS:

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NIL

Unais.P.P v. Director of General Education

Case brief

What is this about?

What did the court decide?

Unais.P.P v. Director of General Education

Case brief

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