Remanded

Beena v. State of Kerala

Kerala HC6 Jul 2023WP(C)/18503/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging orders denying management rights to school staff. Instead of deciding on merits, the Court directed the petitioners to file an appeal before the first respondent within ten days, establishing a six-week timeline for further disposal while freezing regular appointments.

What did the court decide?

Allowed to file appeal; regular appointments in the school frozen pending disposal of the appeal.

Beena Vs State of Kerala — 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

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THURSDAY, THE 6^TH DAY OF JULY 2023 / 15TH ASHADHA, 1945

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WP(C) NO. 18503 OF 2023

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PETITIONERS:

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1 BEENA AGED 54 YEARS D/O. PADMANABHA KURUP RESIDING AT SHREYAS, VATAYAM POST KOZHIKODE DISTRICT -, PIN - 673507

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2 BIJU AGED 51 YEARS S/O. PADMANABHA KURUP RESIDING AT PANAYAKULANGARA, KATAMERI POST KOZHIKODE DISTRICT -, PIN - 673542 BY ADVS. R.K.MURALEEDHARAN ATHIRA A.MENON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM -, PIN - 695014 3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THODANNUR, KOZHIKODE DISTRICT -, PIN - 673541 4 LEENA D/O. PADMANABHA KURUP RESIDING AT KALLOTT THAZHA KUNIYIL, KURNJALIYODE P.O, KOZHIKODE DISTRICT -, PIN - 673542 5 THANKAM W/O. PADMANABHA KURUP RESIDING AT PANAYAKULANGARA, KATAMERI POST KOZHIKODE DISTRICT -, PIN - 673542 BY ADVS. Nisha George GEORGE POONTHOTTAM (SR.)(K/000570/1979) A.L.NAVANEETH KRISHNAN(K/777/2015)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.18503 of 2023

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.18503 of 2023

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6^th day of July, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P5 order dated 18.03.2020 issued by the 2^nd respondent and Ext P6 consequential order dated 28.12.2020 issued by the 3^rd respondent.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3^rd respondent to function as Manager of Kottappally L P School till the bylaw of the Corporate educational agency of the school is framed and approved by the educational authority.

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iii) Issue such other writ, orders or directions as this Hon’ble Court may deem fit to grant.

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iv) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition. ” (SIC)

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The main grievance of the petitioners is that

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Ext.P5 order is passed without giving an opportunity of

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hearing to the petitioners.

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The learned Government Pleader, after getting instructions, submitted that Ext.P5 is an order without

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giving an opportunity of hearing to the petitioners.

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W.P (C) No.18503 of 2023

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The counsel appearing for the 4^th and 5^th

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respondents submitted that Ext.P5 is an order passed on 18.03.2020 and their client already assumed charge from 18.03.2020. In such circumstances, the Management of the school need not be interfered at this stage.

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When this writ petition came up consideration on

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07.06.2023, this Court passed the following order:-

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“ Issue notice before admission by special messenger to respondents 4 and 5.

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The learned Government Pleader to get instructions.

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The 4^th respondent shall not make any regular appointment in the School, if not made as on today (07-06-2023), till the next posting date.

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Post on 12-06-2023. ”

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Now, the petitioners can be allowed to file an

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appeal before the 1^st respondent against Ext.P5 and till then, the interim order passed on 07.06.2023 can continue.

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The counsel appearing for the 4^th and 5^th respondents submitted that there is immediate necessity to appoint teachers.

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In such circumstances, I think there can be a time limit fixed for disposing the appeal. Therefore, this writ petition is disposed of with the following directions:-

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W.P (C) No.18503 of 2023

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I) The petitioners is allowed to submit an appeal before the 1^st respondent against Ext.P5 within ten days from the date of receipt of a certified copy of this judgment.

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II) Once the appeal along with a certified copy of this judgment with a copy of this writ petition is received, the 1^st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and respondent Nos.4 and 5, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

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III) Since this Court directing the petitioners to file an appeal, the delay in filing the appeal need not be insisted by the 1^st respondent while entertaining the appeal.

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IV) If the appeal is filed as directed above, the 4^th respondent shall not make regular appointments in this school till the disposal of the appeal.

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V) All the contentions of the petitioners and respondent Nos.4 and 5 are left open and I also make it clear that, I have not considered the matter on merit and the 1^st respondent is free to pass appropriate orders, in accordance with law.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.18503 of 2023

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APPENDIX OF WP(C) 18503/2023

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PETITIONER EXHIBITS

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Exhibit-P1	TRUE COPY OF THE GIFT DEED NO. 1420/2015 IN FAVOUR OF THE 4TH RESPONDENT DATED 14.10.2015
Exhibit-P2	TRUE COPY OF THE REQUEST SUBMITTED BY PADMANABHA KURUP AS MANAGER OF THE SCHOOL BEFORE THE 4TH RESPONDENT RECEIVED UNDER RTI ACT
Exhibit-P3	TRUE COPY OF THE SETTLEMENT DEED IN STAMP PAPER
Exhibit-P4	TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE AEO DATED 17.05.2019 AND THE COVERING LETTER DATED 27.05.2019 ALONG WITH APPLICATION FOR CHANGE OF MANAGEMENT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT
Exhibit P5	TRUE COPY OF THE ORDER NO. G3/153315/2019/DGE/KDIS DATED 18.03.2020 OBTAINED UNDER RTI ACT FROM THE 3RD RESPONDENT
Exhibit P6	TRUE COPY OF THE ORDER NO. K.DIS.F- 1740/2019 DATED 28.12.2020 ISSUED BY THE 3RD RESPONDENT
Annexure A1	TRUE COPY OF THE COVERING LETTER ALONG WITH THE APPLICATION DATED 04.03.2022

Beena v. State of Kerala

Case brief

What is this about?

What did the court decide?

Beena v. State of Kerala

Case brief

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What did the court decide?

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