The High Court of Kerala disposed of the petition learning that a subsequent order granted the petitioner's appointment from July 2021. The Court chose to leave open the petitioner's separate contention regarding notional approval from February 2019.
Disposed of the petition; claim for notional appointment from 07.02.2019 left open.
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 T.R.RAVI
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 21370 OF 2022
PETITIONER:
SELINKUMARI D
AGED 53 YEARS
W/O.K.PRASAD, H.S.S.T(MALAYALAM), D.B.H.S.S,
THIRUVALLA, KAVUMBHAGOM P.O, THIRUVALLA,
PATHANAMTHITTA-689102, RESIDING AT MAMBRAZHIKATHU
VEEDU, EDANADU P.O, KARAMCODE, KOLLAM-691 579.
BY ADV KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CHENGANNOOR - 689121.4 SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695011.5 MANAGER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695011.6 LEKHA P.NAIR, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (MALAYALAM), D.B.H.S.S, THIRUVALLA, PATHANMTHITTA-689102.*7 ADDL.R7 DISTRICT EDUCATIONAL OFFICER, RAMANKARY BOAT JETTY ROAD, RAMANKARY, KUTTANAD, ALLAPPUZHA-689595[ADDL.R7 IS IMPLEADED AS PER ORDER DATED O5/12/2022 IN
IA-2/22 IN WP(C) 21370/2022]
WP(C) NO. 21370 OF 2022
2
*8 ADDL.R8 THE HEADMASTER, D.B.H.S.S. THAKAZHY, THALAVADY, ALAPPUZHA-688 562
[ADDL.R8 IS IMPLEADED AS PER ORDER DATED 11/01/2023 IN
I.A NO-1/2023 IN WP(C) 21370/2022]
BY ADVS.
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
S.SUBHASH CHAND
SMT. K. G. SAROJINI. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21370 OF 2022
3
T.R.RAVI.J
-------------------------------------------------------
WP(C) No.21370 of 2022
Dated this the 08th day of December, 2023
JUDGMENT
When the case is taken up, the counsel for the petitioner placed before me an order dated 02.12.2023
issued by the 3rd respondent, whereby the appointment of
the petitioner for the period from 15.07.2021 has been
approved. Even though the petitioner has sought for a direction to the 3rd respondent to pass orders for approving
the appointment of the petitioner as HSST (Junior) Malayalam notionally from 07.02.2019, the said aspect does
not appear to have been considered in the order dated 02.12.2023.
4
WP(C) NO. 21370 OF 2022
The writ petition is hence disposed of in the light of
the subsequent development, leaving open the contention of
the petitioner with regard to the claim for notional
approval from 07.02.2019.
Sd/-
T.R.RAVI
JUDGE
sn
5
WP(C) NO. 21370 OF 2022
APPENDIX OF WP(C) 21370/2022
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER NO.ROC
NO.8202/15/HSS/EDN DATED 15.02.2020 ISSUED BY
THE 4TH RESPONDENT.
Exhibit P2TRUE COPY OF THE JUDGMENT DATED 24.03.2021 IN
W.P(C)NO.4489/2020.
Exhibit P3TRUE COPY OF THE ORDER
NO.1566/C2/2020/RDD/CNGR DATED 11.08.2021
ISSUED BY THE 3RD RESPONDENT.
Exhibit P4TRUE COPY OF THE APPOINTMENT ORDER DATED
15.07.2021 APPOINTING THE PETITIONER AS HSST
(SENIOR).
Exhibit P5TRUE COPY OF THE ORDER NO.ROC NO.1836/21/EDN
DATED 06.09.2021.
Exhibit P6TRUE COPY OF THE LETTER NO.ROC
NO.5431/2021/EDN. DATED 17.11.2021.
Exhibit P7TRUE COPY OF THE STATEMENT OF RELINQUISHMENT
DATED 21.06.2023 SUBMITTED BY THE 6TH
RESPONDENT
Exhibit P8TRUE COPY OF THE LETTER NO.ROCNO.5431/21 EDN.
DATED 21.08.2023 ISSUED BY THE MANAGER TO THE
DIRECTOR, HIGHER SECONDARY DEPARTMENT
RESPONDENT EXHIBITS
Exhibit R6(a)TRUE COPY OF APPOINTMENT ORDER DATED 3/6/2013
ISSUED BY RESPONDENT NO.5
Exhibit R6(b)TRUE COPY OF ORDER BEARING
NO.4849/C7/2016/RDD/CNGR DATED 24/3/2017 THUS
ISSUED BY RESPONDENT NO.3
Exhibit R6(c)TRUE COPY OF APPLICATION DATED 30/6/2016
SUBMITTED BY ONE SRI.RAMESH SANKAR G. UNDER
WP(C) NO. 21370 OF 2022
6
THE RIGHT TO INFORMATION ACT, 2005
Exhibit R6(D)TRUE COPY OF THE INFORMATION FURNISHED TO THE
APPLICANT DATED 20/7/2016
Exhibit R6(e)TRUE COPY OF COMMUNICATION BEARING
NO.1490/C2/2022/RDD/CNGR DATED 23/5/2022 OF
RESPONDENT NO.3
Exhibit R6(f)TRUE COPY OF THE REPLY TO THE SAME FURNISHED
BY RESPONDENT NO.5 AS PER ORDER BEARING ROC
NO.5431/21/EDU. DATED 1/4/2022
Exhibit R6(g)TRUE COPY OF POST GRADUATE DEGREE IN
MALAYALAM WITH 56.6% MARKS FROM SREE
SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY
Exhibit R6(h)TRUE COPY OF MARK LIST DATED 9/7/1999 ISSUED
BY THE PRINCIPAL, DEAN OF STUDIES SREE
SANKARACHARYA UNIVERSITY, KALADY
Exhibit R6(i)TRUE COPY OF BACHELOR OF ARTS DEGREE IN
MALAYALAM FROM MAHATMA GANDHI UNIVERSITY,
KOTTAYAM
Exhibit R(J)TRUE COPY OF BACHELOR OF EDUCATION DEGREE
FROM MAHATMA GANDHI UNIVERSITY, KOTTAYAM
Exhibit R6(k)TRUE COPY OF STATE ELIGIBILITY TEST CONDUCTED
BY THE GOVERNMENT OF KERALA
Exhibit R6(L)TRUE COPY OF RANK LIST DATED 31/01/2019 THUS
PUBLISHED BY RESPONDENT NO.5
Exhibit R6(M)TRUE COPY OF ORDER BEARING NO.ROC
8202/15/HSS/EDN.DATED 7/2/2019 OF RESPONDENT
NO.5
Exhibit R6(N)TRUE COPY OF ORDER BEARING
NO.1566/C2/2020/RDD/CNGR DATED 11/8/2021 OF
RESPONDENT NO.3
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the writ petition should be disposed of following the approval of the petitioner's appointment submitted after admission.
Whether the petitioner's claim for notional appointment approval from 07.02.2019 should be decided in the current order.
Selinkumari D
State of Kerala
Regional Deputy Director of Higher Secondary Education
Secretary, Travancore Devaswom Board
Manager, Travancore Devaswom Board
Lekha P.Nair
T.R.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court