Disposed

Ramisha.K.P v. the Director of General Education

Kerala HC8 Jun 2023WP(C)/3814/2023

Case brief

AI extract

What is this about?

Writ petition filed by a teacher seeking regularization of appointment. Court directed the school manager to submit a fresh proposal for the petitioner and two others following the sanction of an additional LPST post. The District Educational Officer was directed to consider the proposal within one month.

What did the court decide?

Directed the 4th respondent to submit a fresh proposal for the petitioner and two others before the 3rd respondent within three weeks; the 3rd respondent to consider the proposal and pass orders withi

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

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WP(C) NO. 3814 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 P.V.KUNHIKRISHNAN THURSDAY, THE 8^TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 WP(C) NO. 3814 OF 2023

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PETITIONER/S:

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RAMISHA.K.P, AGED 31 YEARS
AGED 31 YEARS, W/O. ANEESH, UPST, AUP SCHOOL,
ERAVANNUR, NARIKKUNI, KOZHIKODE DISTRICT, PIN –
673585.

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BY ADV R.K.MURALEEDHARAN

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RESPONDENT/S:

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1 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

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2 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673004

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3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER KODUVALLY, KOZHIKODE DISTRICT, PIN - 673652

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4 THE MANAGER , AUP SCHOOL, ERAVANNUR, NARIKKUNI, KOZHIKODE DISTRICT, PIN - 673585

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5 K. FASNA , AUP SCHOOL, ERAVANNUR, NARIKKUNI, KOZHIKODE DISTRICT, PIN - 673585

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6 REMYA S, SIVAGEETHAM, PERUMPUYIL, KAKKUR P.O, KOZHIKODE DISTRICT, PIN - 673613

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7 ADDITIONAL DIRECTOR (ACADEMIC) DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. Nandakumar P AMRUTHA SANJEEV(K/001000/2016) VIVEK VIJAYAKUMAR(K/1018/2016) RIYA TOMY(K/002324/2021)

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SURYA BINOY, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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WP(C) NO. 3814 OF 2023

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P.V.KUNHIKRISHNAN, J

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WP(C) No.3814 of 2023

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Dated this the 8th day of June, 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 or any other appropriate writ, order or direction quashing Ext. P12 order issued by the 7th respondent to the extent it effects the petitioner,

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ii) Issue a writ of mandamus or any other rd appropriate writ, order or direction, directing the 3 respondent to approve the appointment of the petitioner as UPST with effect from 15.07.2021 in the light of declaration submitted by the Manager vide GO(P) No 4/2021/G.Edn dated 06.02.2021 with all consequential benefits;

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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.

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WP(C) NO. 3814 OF 2023

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The case of the petitioner is that, she is continuing

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as UPST from 12.6.2018 in the HTV and later in the regular vacancy arose from 1.6.2020. It is submitted that there is a th dispute in respect of the withdrawal of appointment of the 5 respondent, which led to passing to Ext.P9 order, which was confirmed in Ext.P10. It is the case of the petitioner is that, she is being the senior appointee is entitled to get her appointment approved in the light of the declaration submitted by the Manager based on GO(P)No.4/2021/G.Edn dated 06.02.2021. The petitioner approached this court earlier and as directed by this court, the first respondent now passed Ext.P12 order. Hence this writ petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader & also heard the learned counsel appearing for the sixth respondent.

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When this writ petition came up for consideration, the learned counsel appearing for the petitioner submitted that Ext.P13 order is passed by the Government sanctioning additional LPST post. In such circumstances, the entire issue can be resolved, if a fresh proposal for approval is submitted

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WP(C) NO. 3814 OF 2023

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from the side of the Manager and in such event there may be a direction to the third respondent to consider that proposal. I think there is some force in the argument of the petitioner. Therefore, this writ petition is disposed of with the following directions:

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The fourth respondent is directed to submit a fresh

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proposals for the approval of the appointment of the petitioner, fifth respondent and sixth respondent in the light of Ext.P13 before the third respondent within three weeks from the date of receipt of a certified copy of this judgment.

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Once such a proposal is received, the third respondent will consider the same and pass appropriate orders in the light of Ext.P12 and Ext.P13 as expeditiously as possible, at any rate, within one month from the date of receipt of a proposal.

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With the above said directions, this writ petition is disposed of.

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sd/-

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P.V.KUNHIKRISHNAN, JUDGE

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R.AV

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WP(C) NO. 3814 OF 2023

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APPENDIX OF WP(C) 3814/2023

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`PETITIONER EXHIBI` `Exhibit-P1`	`TS` `TRUE COPY OF THE APPOINTMENT ORDER OF` `THE PETITIONER IN FORM 27 DATED` `12.06.2018`
`Exhibit-P2`	`TRUE COPY OF THE JOINING REPORT OF THE` `PETITIONER TO THE 3RD RESPONDENT DATED` `12.06.2018`
`Exhibit-P3`	`TRUE COPY OF THE PROCEEDINGS NO.` `05/2021 OF THE 4TH RESPONDENT DATED` `15.03.2021`
`Exhibit-P4`	`THE PRINTOUT OF THE UPLOADED DETAILS OF` `THE PETITIONER IN THE VACANCY FROM` `01.06.2020`
`Exhibit-P5`	`TRUE COPY OF THE GO(RT) NO. 3287/2021/` `G.EDN DATED 06.07.2021 ISSUED BY THE` `GOVERNMENT`
`Exhibit-R5(a)`	`TRUE COPY OF COVERING LETTER OF THE` `MANAGER DATED 15.07.2021`
`Exhibit-P5(b)`	`TRUE COPY OF THE JOINING REPORT BY THE` `HEADMISTRESS TO THE 3RD RESPONDENT` `DATED 15.07.2021`
`Exhibit-P5(c)`	`THE PRINTOUT OF THE UPLOADED DETAILS OF` `THE PETITIONER ON 15.07.2021 IN THE` `VACANCY AROSE ON 01.06.2020`
`Exhibit-P6`	`TRUE COPY OF THE APPOINTMENT ORDER OF` `THE 4TH RESPONDENT DATED 15.07.2021 IN` `FAVOUR OF THE 6TH RESPONDENT`
`Exhibit-P7`	`TRUE COPY OF THE APPOINTMENT ORDER NO.` `02/JULY/AUPS-ESTT/2021 OF THE 4TH` `RESPONDENT DATED 20.07.2021`
`Exhibit-P8`	`TRUE COPY OF THE JUDGMENT IN WP(C) NO.` `17300/2021 DATED 27.08.2021`
`Exhibit-P9`	`TRUE COPY OF THE ORDER NO. B/1399/2021` `OF THE 3RD RESPONDENT DATED 16.11.2021`
`Exhibit-P10`	`TRUE COPY OF THE ORDER NO. B2/6497/2021` `ISSUED BY THE 2ND RESPONDENT DATED` `05.02.2022`
`Exhibit-P11`	`TRUE COPY OF THE JUDGMENT IN WP(C) NO.` `11493/2022 AND CONNECTED CASES DATED` `23.06.2022`
`Exhibit-P12`	`TRUE COPY OF THE ORDER NO.` `G3/10702/2022/DGE /K.DIS OF THE 7TH` `RESPONDENT DATED 13.12.2022`

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WP(C) NO. 3814 OF 2023

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Exhibit P13TRUE COPY OF GO(RT) NO.1689/2023-GEDN.
DATED 02.03.2023.

Ramisha.K.P v. the Director of General Education

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Ramisha.K.P v. the Director of General Education

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