Court directed the Regional Deputy Director of Higher Secondary Education, Kozhikode, to consider a representation for promotion to Principal, deciding the writ petition within the same hearing.
Directing the 3rd respondent to consider Ext.P12 representation with due regard to other exhibits and pass an order after hearing within three months.
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
WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945
WP(C) NO. 41800 OF 2023
PETITIONER:
K.P. ABDURAHIMAN
AGED 49 YEARS, S/O MUHAMMED, HEADMASTER,
K P MAYAN SAHIB MEMORIAL HSS, ARIKULAM, KOYILANDY,
KOZHIKODE ( RESIDING AT KUZHIPPARAPPIL, IRINGATH,
PAYYOLI ANGADI, KOZHIKODE – 673 523), PIN – 673 620
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN – 695 001
2 THE DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 0013 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,KOZHIKODE, PIN – 673 0014 THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE, PIN – 673 1045 THE MANAGER, KPMSM HSS, ARIKULAM, KOYILANDY KOZHIKODE, PIN – 673 6206 SRI. SHAFEEQ ALI, HSST (ECONOMICS ), KPMSM HSS, ARIKULAM, KOYILANDY KOZHIKODE, PIN – 673 6207 SMT. A.M. REKHA, HSST (ENGLISH ), KPMSM HSS, ARIKULAM, KOYILANDY KOZHIKODE, PIN – 673 620SMT. NISHA BOSE. SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41800 OF 2023
2
T.R.RAVI.J
------------------------------------------------------WP(C) No.41800 of 2023
Dated this the 13th day of December, 2023
JUDGMENT
Admit. Government Pleader takes notice for
respondents 1 to 4. In view of the order that is proposed to be issued, notice to respondents 5 to 7 is dispensed with.
Principal, the petitioner has preferred Ext.P12 representation before the 3rd respondent. The petitioner
contends that he is entitled to the relief in view of the judgment of this Court in Manager, Karimpuzha Higher Secondary School v. State of Kerala and others [2007(2)
KLT 622] . Petitioner seeks early disposal of Ext.P12
representation.
WP(C) NO. 41800 OF 2023
3
petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P12 representation with
due regard to Exts.P5 to P11 and P13 to P17, after hearing the petitioner and other affected persons, at the earliest, at any rate within three months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 41800 OF 2023
4
APPENDIX OF WP(C) 41800/2023
PETITIONER’S EXHIBITS
Exhibit P-1TRUE COPY OF THE APPROVAL ORDER
NO.B2/45971/2023 DATED 18.10.2023 ISSUED BY
DEO, VADAKARA
Exhibit P-2TRUE COPY OF THE CERTIFICATE OF MASTER OF
ARTS DATED 11.02.2011 ISSUED BY MADURAI
KAMARAJ UNIVERSITY
Exhibit P-3TRUE COPY OF THE DECISION REPORTED IN 2005
KHC 19 = 2005 (1) KLT 94 DATED 04.11.2004
(AIDED HIGHER SECONDARY SCHOOL TEACHERS
ASSOCIATION V. STATE OF KERALA)
Exhibit P-4TRUE COPY OF THE ORDER NO.
RDDHSE/KKD/4126/2023-CLK (A3) DATED
20.10.2023
Exhibit P-5TRUE COPY OF THE DECISION REPORTED IN 2016
KHC 419 DATED 26.02.2016 (JAYARAJ V.P AND
ANOTHER V. STATE OF KERALA AND OTHERS)
Exhibit P-6TRUE COPY OF THE G.O. (MS.) NO.
290/2006/G.EDN. DATED 02.12.2006
Exhibit P-7TRUE COPY OF G.O. (RT.) NO. 5014/2019/G.EDN.
DATED 21.11.2019
Exhibit P-8TRUE COPY OF G.O. (RT.) NO. 1260/2019/GEDN
DATED 01.04.2019
Exhibit P-9TRUE COPY OF G.O. (RT.) NO. 1992/2020/G.EDN.
DATED 16.06.2020
Exhibit P-10TRUE COPY OF G.O. (RT.) NO. 2913/2021/G.EDN.
DATED 02.06.2021
Exhibit P-11TRUE COPY OF G.O. (RT.) NO. 5829/2021/G.EDN.
DATED 13.12.2021
Exhibit P-12TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 25.11.2023
WP(C) NO. 41800 OF 2023
5
Exhibit P-13TRUE COPY OF G.O(RT) NO. 440/2023/G.EDN DATED
18.01.2023
Exhibit P-14TRUE COPY OF JUDGMENT IN WA NO. 588/2023
DATED 22.03.2023
Exhibit P-15TRUE COPY OF JUDGMENT IN WP(C) NO. 20757/2022
DATED 10.01.2023
Exhibit P-16TRUE COPY OF JUDGMENT IN WP(C) NO. 2255/2023
DATED 13.03.2023
Exhibit P-17TRUE COPY OF DECISION REPORTED IN 2007(1) KHC
1027 =2007 (2) KLT 622 (DB) DATED 12.01.2007
(MANAGER, KARIMPUZHA HIGHER SECONDARY SCHOOL
V. STATE OF KERALA AND OTHERS )
RESPONDENT’S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGES
1 issue framed by the court
Whether the Respondent-3 should be directed to consider the petitioner's representation for promotion to the post of Principal within a stipulated timeframe?
Colour shows how this judgement treated each authority
Manager, Karimpuzha Higher Secondary School v. State of Kerala and othersReferred¶29
Manager, Karimpuzha Higher Secondary School v. State of Kerala and others [2007(2) KLT 622]
K.P. ABDURAHIMAN
STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM
THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE
THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE
SRI. SHAFEEQ ALI
T.R.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court