Allowed

Secretary v. State of Kerala

Kerala HC13 Dec 2023WP(C)/5739/2023

Case brief

AI extract

What is this about?

Single judge held that staff fixation order was flawed as fitness certificates of school buildings were not considered. Writ petition was allowed, impugned order set aside, and reconsideration directed within six weeks.

What did the court decide?

The writ petition is allowed. The order of the Government (Ext.P9) is set aside. A direction is issued to the first respondent to reconsider the issue with specific reference to Ext.P11 fitness certif

Secretary Vs State of Kerala — Service and Employment | Kerala HC (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 T.R.RAVI

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WEDNESDAY, THE 13^TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945

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WP(C) NO. 5739 OF 2023

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PETITIONERS:

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1 SECRETARY CORPORATE MANAGEMENT OF SCHOOLS UNDER THE SOCIETY OF THE ORDER OF SACRED TRANSFIGURATION PATHANAPURAM, KOLLAM-689695. RESIDING AT MOUNT TABOR, PATHANAPURAM P.O, KOLLAM - 689695

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2 MINNU MATHEW AGED 30 YEARS

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HIGH SCHOOL TEACHER (NATURAL SCIENCE) MTDM HIGH SCHOOL THONDARNAD, WAYANAD- 673004

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BY ADVS. M.A.FAYAZ M.VISHNUPRIYA C.B.ABHINAVA

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RESPONDENTS:

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

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2 DIRECTOR GENERAL OF EDUCATION OFFICE OF THE DIRECTOR GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695014

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3 DEPUTY DIRECTOR OF EDUCATION WAYANAD O/O THE DEPUTY DIRECTOR OF EDUCATION WAYANAD - 673004

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4 DISTRICT EDUCATIONAL OFFICER WAYANAD O/O THE DISTRICT EDUCATIONAL OFFICER WAYANAD WAYANAD - 673122

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SMT.NISHA BOSE, SENIOR G.P. SRI.VENUGOPAL, GP

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WP(C) NO. 5739 OF 2023 2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 5739 OF 2023 3

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T.R. RAVI, J. -------------------------------------------- W.P.(C)No.5739 of 2023

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Dated this the 13^th day of December, 2023

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JUDGMENT

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The grievance of the petitioners is that even though fitness certificate regarding the buildings wherein classes are to be conducted was available, the same has not been considered while issuing the staff fixation order. The Government Pleader on instructions submitted that the fitness certificate was produced only at the appellate stage and it was not available when the original order was issued. Ext.P11 produced along with the writ petition is the concerned fitness certificate. Ext.P9 is the order of the Government, which confirms the order passed in appeal against the staff fixation. It is seen that the fitness certificate Ext.P11 has not been considered by any of the authorities.

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In such circumstances, I am of the opinion that a reconsideration is required. The writ petition is allowed. Ext.P9 is set aside. There will be a direction to the 1 st

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WP(C) NO. 5739 OF 2023 4

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respondent to reconsider the issue with specific reference to Ext.P11 fitness certificate and Ext.P12 order after hearing the petitioner, at the earliest, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

LEK

WP(C) NO. 5739 OF 2023 5

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APPENDIX OF WP(C) 5739/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ABOVE ORDER ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, GOVERNMENT OF INDIA DATED 28.05.2012 Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 1ST PETITIONER DATED 26.06.2019 APPOINTING THE 2ND PETITIONER AS HST (NS) AT MTDM HS THONDARNAD Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.B6/42303/19 DATED 19.07.2019 Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.08.2019 Exhibit P5 TRUE COPY OF ORDER NO.B2/60470/2019 DATED 24.09.2019 Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER DATED NIL. Exhibit P7 TRUE COPY OF ORDER NO.RA3/75207/2021 DATED 14.07.2022 Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED 30.08.2022 FILED BY THE 1ST PETITIONER Exhibit P9 TRUE COPY OF LETTER / ORDER NO.K/2/160/2022-G.EDN DATED 03.12.2022

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Exhibit P10 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED IN RESPECT OF MTDM HS THONDARNAD BY THE ASSISTANT LSGD DATED 31.05.2021 FOR THE EXISTING SCHOOL BUILDING COMPRISING 21 ROOMS

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WP(C) NO. 5739 OF 2023 6

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Exhibit P11 TRUE COPY OF THE FITNESS CERTIFICATE IN RESPECT OF THE NEWLY CONSTRUCTED 4 CLASS ROOMS CONSTRUCTED ISSUED BY THE ASSISTANT ENGINEER LSGD MANANTHAVADI DATED 31.05.2019 Exhibit P12 TRUE COPY OF LETTER NO.57171/A1/88/G.EDN DATED 09.11.1988 ISSUED BY THE 1ST RESPONDENT. Exhibit P13 TRUE COPY OF G.O(MS) NO 28/2021/G.EDN DATED 22.01.2021 Exhibit P14 TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 06.02.2022 Exhibit P15 TRUE COPY OF CIRCULAR NO.37685/J1/90/ G.EDN DATED 29.08.1992

Secretary v. State of Kerala

Case brief

What is this about?

What did the court decide?

Secretary v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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