Allowed

The Manager v. State of Kerala

Kerala HC1 Jun 2023WP(C)/3323/2023

Case brief

AI extract

What is this about?

This writ petition sought to quash orders P9 and P10 passed without a hearing. The court allowed the petition, setting aside the impugned orders and remitting the matter to the respondent for reconsideration after affording an opportunity of hearing.

What did the court decide?

Exts.P9 and P10 set aside; matter remitted to the 1st respondent for reconsideration after affording an opportunity of hearing within four months.

The Manager Vs State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

WP(C) NO. 3323 OF 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶6

THURSDAY, THE 1^ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

¶7

WP(C) NO. 3323 OF 2023

¶8

PETITIONER/S:

¶9

1 THE MANAGER AGED 52 YEARS SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, KOZHIKODE - 673632., PIN - 673632 2 RENJU KRISHNAN.T.R, AGED 40 YEARS HIGH SCHOOL TEACHER (HST) MATHEMATICS, SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, KOZHIKODE - 673632., PIN - 673632 BY ADVS. M.U.VIJAYALAKSHMI K.JAJU BABU (SR.) BRIJESH MOHAN

¶10

RESPONDENT/S:

¶11

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001., PIN - 695001

¶12

2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695014., PIN - 695014

¶13

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MANANCHIRA, KOZHIKODE - 673001., PIN - 673001

¶14

4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE

¶15

WP(C) NO. 3323 OF 2023 2

¶16

OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PAVAMANI ROAD, KOZHIKODE-673 004., PIN - 673004

¶17

OTHER PRESENT:

¶18

SMT.NISHA BOSE, SR.GP

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C) NO. 3323 OF 2023

¶21

¶22

P.V.KUNHIKRISHNAN, J

¶23

W.P.(C.) No. 3323 of 2023

¶24

Dated this the 01^st day of June, 2023

¶25

JUDGMENT

¶26

The above writ petition is filed with following prayers :

¶27

“(i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P9 and P10 and quash the same.

¶28

(ii) Declare that in view of Ext.P8, ,which has attained finality action evidenced by Ext.p9 and P10 are illegal and unsustainable.

¶29

(iii) issue such other and further orders which this Hon'ble Court may deem just and proper in the facts and circumstances of the case; and

¶30

(iv) award costs to the petitioners.

¶31

(v) petitioner may be permitted to dispense with the filing of translation of the vernacular documents; ” [SIC]

¶32

The main contention raised in this writ petition is

¶33

that Ext.P9 is an order passed without giving an opportunity of

¶34

WP(C) NO. 3323 OF 2023 4

¶35

hearing to the petitioners. Ext.P10 is a consequential order passed after Ext.P9.

¶36

Heard the learned Government Pleader also.

¶37

The learned counsel for the petitioners reiterated the

¶38

contentions raised in this writ petition. The Government Pleader conceded that Ext.P9 is an order passed without giving an opportunity of hearing to the petitioners. If that is the case, I am of the considered opinion that Exts.P9 and P10 can be set aside and the matter can be remitted back to the 1^st respondent for reconsideration.

¶39

Therefore, this writ petition is allowed in the following manner :

¶40

1. Exts.P9 and P10 are set aside.

¶41

1. The 1^st respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioners and other affected parties, if any, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.

¶42

1. The petitioners will produce a certified copy of this

¶43

WP(C) NO. 3323 OF 2023

¶44

¶45

judgment along with a copy of this writ petition before the 1^st respondent for compliance.

¶46

Sd/-

¶47

P.V.KUNHIKRISHNAN

¶48

JUDGE

¶49

SKS

¶50

WP(C) NO. 3323 OF 2023

¶51

¶52

APPENDIX OF WP(C) 3323/2023

¶53

PETITIONER EXHIBITS

¶54

Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2017 ISSUED BY THE 1ST PETITIONER WITH ENDORSEMENT OF APPROVAL DATED 15-12-2017 BY THE 4TH RESPONDENT. ALONG WITH ORDER NO. D.DIS /B4/3347/2017 DATED 15.2.2017 ISUUED BY THE 4TH RESPONDNET TO THE PETTIONERS.
Exhibit P2	TRUE COPY OF THE ORDER NO. B4/3536/2018 DATED 3.7.2018 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3	TRUE COPY OF THE STAFF FIXATION ORDER NO. B4/49380/2019 DATED 20-7-2019 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4	TRUE COPY OF THE ORDER NO.B5/60510/ 2019 DATED 26.9.2019 ISSUED BY THE 3RD RESPONDENT
Exhibit P5	TRUE COPY OF THE ORDER NO. B5/23230/ 2018(1) DATED 3.3.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6	TRUE COPY OF THE ORDER NO. R.A(4)/10677/2020/DPI /DDS DATED 14.7.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P7	TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO. 2446/2022/GEDN DATED 16.4.2022
Exhibit P8	TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.5767/2022/GEDN DATED 6-10-2022
Exhibit P9	TRUE COPY OF THE GOVERNMENT LETTER NO.L3/111/2022/GEDN DATED 25-11-2022 ISSUED BY THE 1ST RESPONDENT.

¶55

WP(C) NO. 3323 OF 2023

¶56

¶57

Exhibit P10 TRUE COPY OF THE LETTER NO.B4/6743/2018 DATED 23-12-2022 OF THE 4TH RESPONDENT TO THE HEADMASTER, ALONG WITH ENCLOSURE VIDE LETTER NO. L3/III/2022/G.EDN DATED 25.11.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS' SCHOOL. Exhibit P11 TRUE COPY OF THE STAFF FIXATION ORDER NO.B4/44856/2022 DATED 22-8-2022 ISSUED BY THE 4TH RESPONDENT.

The Manager v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager 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

M/S. Hotel Highway Palace Vs Southern Railway

Rajesh R., Vs State of Kerala

Navya G.Nair Vs the State of Kerala

Dr. P.a.Fazal Gafoor Vs State of Kerala

Dr. P.a.Fazal Gafoor Vs State of Kerala

Dr. P.a.Fazal Gafoor Vs State of Kerala