Allowed

Sreeja K.R v. State of Kerala

Kerala HC8 Jun 2023WP(C)/5721/2023

Case brief

AI extract

What is this about?

The Court set aside an order declining the petitioner's appointment. It directed the principal secretary to reconsider the appointment and pass appropriate orders within four months, considering specific subsequent Government Orders.

What did the court decide?

Ext.P10 set aside; 1st respondent to reconsider and pass orders in Exp.P8 within four months after giving hearing; to consider applicability of Exts.P11-P13.

Sreeja K.R Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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THURSDAY, THE 8^TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945

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WP(C) NO. 5721 OF 2023

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PETITIONER/S:

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SREEJA K.R
AGED 41 YEARS
W/O.ANILKUMAR, U.P.S.T., M.N.U.P.S, EDUMPAIKULAM
P.O., KOTTARAKKARA, KOLLAM - 691 501 RESIDING AT
KALAYAKOTTU VEEDU, PULIYILA, NALLILA P.O.,
KOLLAM., PIN - 691515
BY ADV B.MOHANLAL

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RESPONDENT/S:

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

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

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3 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY P.O, KOLLAM., PIN - 691009

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4 THE ASSISTANT EDUCATIONAL OFFICER KOTTARAKKARA P.O, KOLLAM., PIN - 691506

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5 THE MANAGER

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M.N.U.P.S, NEDUMPAIKULAM P.O., KOTTARAKKARA, KOLLAM., PIN - 691501

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OTHER PRESENT:

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NISHA BOSE, SR.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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W.P.(C). No. 5721 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 5721 of 2023

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Dated this the 8^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with following prayers:

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“(i) To call for the records leading to Ext.P3, P7 and P10 from the Respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P3, P7 and P10 orders declining to approve the appointment of the Petitioner to the post of U.P.S.T. from 15/07/2020 in the additional division vacancy in the 5^th Respondent Aided Management School for the Academic year 2020-2021.

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(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1^st Respondent to reconsider Ext. P10 in the light of Ext.P11 to P13 Government orders and approve the appointment of the Petitioner to the post of U.P.S.T. from 15/07/2020 in the additional division vacancy in the 5^th Respondent Aided Management School for the Academic year 2020-2021 within a stipulated time as directed by this Hon'ble Court.

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(iii) To declare that the Petitioner is entitled to get approve the appointment to the post of U.P.S.T. from 15/07/2020 in the additional division vacancy in the 5th Respondent Aided Management School for the Academic year 2020-2021 in the light of Ext.P11 to P13 Government orders.

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W.P.(C). No. 5721 of 2023

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(iv) To dispense with the translation of the documents produced in the Vernacular Language.

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(v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” (sic)

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It is the case of the petitioner that respondents 1, 2 and

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4, on a misconception of facts and law declined the approval of

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the appointment of the petitioner as per Exts.P10, P7 and P3 orders on the ground that the Government Orders does not stipulate for the approval of additional division vacancies. It is the further case of the petitioner that now the Government issued

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Ext.P11 order to approve the appointment of aided school teachers for the academic years 2016-17 to 2019-20 and in Ext.P12, it is clarified that the appointment made after 2019-20 in the additional division vacancies for the academic year 2016-17 to 2019-20, the appointment can be approved notionally from the date of appointment. Admittedly, Ext.P2 appointment of the petitioner was on 15.07.2020 for the academic year 2020-21 in

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W.P.(C). No. 5721 of 2023

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the additional vacancy. Hence, it is submitted that in the light of Exts.P11 to P13, Ext.P10 is to be reconsidered.

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Heard the counsel for the petitioner and the

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Government Pleader.

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After hearing both sides, I am of the considered opinion that Ext.P10 is to be reconsidered by the 1^st respondent in

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the light of Exts.P11 to P13. To facilitate the Government to reconsider the matter in the light of Exts.P11 to P13, Ext.P10 can be set aside.

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Therefore, this writ petition is disposed of in the following manner:

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Ext.P10 is set aside.

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The 1^st respondent is directed to consider and pass appropriate orders in Ext.P8 revision after giving an opportunity of hearing to the petitioner and the 5^th respondent, as expeditiously as possible, at any rate

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W.P.(C). No. 5721 of 2023

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within four months from the date of receipt of a certified copy of this judgment.

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While deciding the revision, the 1^st respondent will consider the applicability of Exts.P11 to P13.

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The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 1^st respondent for compliance.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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W.P.(C). No. 5721 of 2023

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`PETITIONER E`	`APPENDIX OF` `XHIBITS`	`WP(`	`C) 5721/2023`
`Exhibit. P1`	`THE TRUE COPY` `13/08/2019 ISS` `THE PETITIONER`	`OF` `UED`	`THE APPOINTMENT ORDER DATED` `BY THE 5TH RESPONDENT TO`
`Exhibit-P2`	`THE TRUE COPY` `15.07.2020 ISS` `THE PETITIONER`	`OF` `UED`	`THE APPOINTMENT ORDER DATED` `BY THE 5TH RESPONDENT TO`
`Exhibit-P3`	`THE TRUE COPY` `NO:C-11956/202` `ISSUED BY THE` `RESPONDENT`	`OF` `1/K` `4TH`	`THE ORDER` `.DIS. DATED 25/07/2021` `RESPONDENT TO THE 5TH`
`Exhibit-P4`	`THE TRUE COPY` `D.T.C/42344/20` `ACADEMIC YEAR` `RESPONDENT`	`OF` `19` `201`	`THE STAFF FIXATION ORDER NO:` `DATED 15/07/2019 FOR THE` `9 -2020 ISSUED BY THE 4TH`
`Exhibit-P5`	`THE TRUE COPY` `G.O.(MS)NO:136`	`OF` `/20`	`THE` `21/GEDN. DATED 31/03/2021`
`Exhibit-P6`	`THE TRUE COPY` `24.09.2021 IN` `HON'BLE COURT`	`OF` `W.P`	`THE JUDGMENT DATED` `.(C)NO.19949/2021 OF THIS`
`Exhibit-P7`	`THE TRUE COPY` `NO.F4/12258/20` `BY THE 2ND RES`	`OF` `21/` `PON`	`THE ORDER` `DGE DATED 27.12.2021 ISSUED` `DENT`
`Exhibit-P8`	`THE TRUE COPY` `DATED 10.01.20` `BEFORE THE GOV`	`OF` `22` `ERN`	`THE MEMORANDUM OF REVISION` `FILED BY THE PETITIONER` `MENT`
`Exhibit-P9`	`THE TRUE COPY` `24.05.2022 IN` `HON'BLE COURT.`	`OF` `W.P`	`THE JUDGMENT DATED` `.(C)NO. 4947/2022 OF THIS`
`Exhibit-P10`	`THE TRUE COPY` `G.O.(P)NO.7980` `ISSUED BY THE`	`OF` `/20` `GOV`	`THE` `22/GEDN. DATED 14.12.2022` `ERNMENT.`
`Exhibit-P11`	`THE TRUE COPY` `DATED 06/02/20`	`OF` `21`	`THE G.O.(P)NO:4/2021/G.EDN.` `ISSUED BY THE GOVERNMENT`
`Exhibit-P12`	`THE TRUE COPY` `DATED 23/01/20`	`OF` `23`	`THE G.O.(P)NO:2/2023/GEDN.` `ISSUED BY THE GOVERNMENT`
`Exhibit-P13`	`THE TRUE COPY` `G.O.(MS)NO:203` `ISSUED BY THE`	`OF` `/20` `GOV`	`THE` `21/G.EDN. DATED 28/09/2021` `ERNMENT.`

Sreeja K.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreeja K.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

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