Allowed

Manager, V.M. Moyihaji Memorial Higher Secondary School v. 1. State of Kerala, rep. by its Secretary to Government

Kerala HC7 Jun 2023WP(C)/6635/2023

Case brief

AI extract

What is this about?

Writ petition challenging Ext.P15, an order allegedly passed without hearing, is disposed of by setting aside the order and directing the 2nd respondent to reconsider the matter after affording an opportunity of hearing to the petitioner and 5th respondent within three months.

What did the court decide?

Ext.P15 set aside; 2nd respondent directed to reconsider matter after giving hearing to petitioner and 5th respondent within three months.

Manager, V.M. Moyihaji Memorial Higher Secondary… — Education and Admissions | 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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945

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WP(C) NO. 6635 OF 2023

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PETITIONER/S:

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MANAGER, V.M. MOYIHAJI MEMORIAL HIGHER SECONDARY SCHOOL
AGED 85 YEARS
ANAYAMKUNNU, KUMARANALLUR P.O, MUKKOM, KOZHIKODE, PIN - 673602
BY ADV M.R.ANISON

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RESPONDENT/S:

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11. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT
STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, PIN - 695001

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

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

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4 THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY MINI CIVIL STATION, 3RD FLOOR, THAMARASSERY, KOZHIKODE, PIN - 673573

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5 THOMAS MATHEW PALATHOTTATHIL HOUSE, VALILLAPUZHA P.O, MALAPPURAM, PIN - 673639

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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 07.06.2023, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 6635 of 2023

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..2..

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P.V.KUNHIKRISHNAN J.

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=====================

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W.P.(C) No. 6635 of 2023

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========================

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Dated this the 07^th 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. to issue a writ of certiorari or order or direction to quash Ext.P12, P13 and P15 orders/letter, since the same are

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issued in violation of the principles of Natural Justice and also in violation of provisions of Kerala Education Act and

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Rules;

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ii. to issue a writ of mandamus or other appropriate writ, order or direction, directing the 4th respondent to ratify the punishment imposed against the 5th respondent as per

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Ext.P11 order;

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iii. to issue a writ of mandamus or other appropriate writ,

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order or direction directing the 4th respondent to consider

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and pass order in the petitioner's request for ratification of

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W.P.(C) No. 6635 of 2023

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..3..

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the punishment imposed against the 5th respondent, as per Ext.P11 order;

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iv. to exempt the petitioner from producing the English Translation of Malayalam Exhibits produced along with this writ petition and the petitioner further undertakes that he is ready and willing to produce English translation of Malayalam documents as and when required;

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v. to pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.

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The Writ Petition is filed mainly challenging Ext.P15

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order passed by the DGE. The main grievance of the petitioner is that Ext.P15 is an order passed without giving an opportunity of

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hearing to the petitioner.

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Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

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It is conceded by both sides that Ext.P15 is an order passed without giving an opportunity of hearing to the petitioner.

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If that is the case, without expressing any opinion on merit, Ext.P15 can be set aside and there can be a direction to the 2^nd

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W.P.(C) No. 6635 of 2023

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..4..

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respondent to reconsider the matter. I make it clear that I have

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not considered the matter on merit and the 2^nd respondent is free to pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioner and the 5^th respondent.

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Therefore, this Writ Petition is disposed of with the following directions:-

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i. Ext.P15 is set aside.

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ii. The 2^nd respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioner and the 5^th respondent as expeditiously as possible at any rate within a period of three months from the date of receipt of a certified copy of this judgment.

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iii. The petitioner will produce a certified copy of this judgment before the 2^nd respondent for compliance.

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Sd/-

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P.V. KUNHIKRISHNAN JUDGE

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RMV

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W.P.(C) No. 6635 of 2023

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..5..

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APPENDIX OF WP(C) 6635/2023

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`PETITIONER EXHIBITS`
`Exhibit p1`	`TRUE COPY OF CIRCULAR BEARING` `NO.NEP(3)/48728/2013/DPI.DATED 11.09.2016 ISSUED BY` `THE 2ND RESPONDENT`
`Exhibit p2`	`TRUE COPY OF LETTER NO.A1/6808/2018(1) DATED` `29.09.2018 ISSUED BY THE 4TH RESPONDENT`
`Exhibit p3`	`TRUE COPY OF REPLY DATED NIL SUBMITTED BY THE 5TH` `RESPONDENT`
`Exhibit p4`	`TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY` `THE 5TH RESPONDENT`
`Exhibit p5`	`TRUE COPY OF WRITTEN EXPLANATION DATED 24.08.2021` `SUBMITTED BY SRI.SUHAS`
`Exhibit p6`	`TRUE COPY OF THE REPORT DATED NIL SUBMITTED BY` `SMT.RETNASREE`
`Exhibit p7`	`TRUE COPY OF THE LETTER SUBMITTED BY THE 5TH` `RESPONDENT DATED 05.02.2022.`
`Exhibit p8`	`TRUE COPY OF THE LETTER SUBMITTED BY THE 5TH` `RESPONDENT DATED 16.02.2022.`
`Exhibit p9`	`TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF` `ALLEGATION DATED 05.03.2022 ISSUED TO THE 5TH` `RESPONDENT`
`Exhibit p10`	`TRUE COPY OF THE WRITTEN EXPLANATION DATED` `11.03.2022 SUBMITTED BY THE 5TH RESPONDENT.`
`Exhibit p11`	`TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED` `28.03.2022`
`Exhibit p12`	`: TRUE COPY OF THE ORDER NO.1850/2022 ISSUED BY THE` `4TH RESPONDENT DATED 04.04.2022.`
`Exhibit p13`	`TRUE COPY OF THE ORDER BEARING` `NO.B1/1642/2022/D.DIS., DATED 31.05.2022 ISSUED BY` `THE 2ND RESPONDENT`
`Exhibit p14`	`TRUE COPY OF THE REVISION PETITION DATED 06.06.2022` `FILED BY THE PETITIONER`
`Exhibit p15`	`TRUE COPY OF THE LETTER BEARING` `NO.VB2/556209/2022/D.G.E, DATED 18.01.2023 ISSUED BY` `THE 2ND RESPONDENT`

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RESPONDENTS' EXHIBITS:NIL

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P.A.TO JUDGE

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TRUE COPY

Manager, V.M. Moyihaji Memorial Higher Secondary School v. 1. State of Kerala, rep. by its Secretary to Government

Case brief

What is this about?

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Manager, V.M. Moyihaji Memorial Higher Secondary School v. 1. State of Kerala, rep. by its Secretary to Government

Case brief

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What did the court decide?

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