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Sijo v. Cheriyan v State of Kerala

Kerala HC12 Jan 2023WP(C)/957/2023

Case brief

AI extract

What is this about?

The petitioner, appointed as UPSA, filed a writ petition seeking directions to approve his appointment and consider a revision petition for designating the UPSA post for physically disabled persons. The High Court directed the Government to consider the petition.

What did the court decide?

Issuance of direction to the 1st respondent to consider the revision petition (Ext.P5) and pass orders expeditiously within four months.

Sijo v. Cheriyan Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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WP(C) NO. 957 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 12^TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944 WP(C) NO. 957 OF 2023

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PETITIONER/S:

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SIJO V. CHERIYAN AGED 30 YEARS S/O V.M CHERIYAN, , UPSA, ST. THOMAS HIGH SCHOOL, PAMPADI SOUTH, KOTTAYAM DISTRICT- 686 521 (RESIDING AT VEMPILAMATTOM HOUSE, VELLOOR P.O., PAMPADI, KOTTAYAM- 686 521)

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BY ADVS. M.SAJJAD V.A.MUHAMMED

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY,THIRUVANANTHAPURAM-695 014

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3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM - 686 506.

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4 THE MANAGER, ST. THOMAS HIGH SCHOOL, PAMPADI SOUTH, KOTTAYAM DISTRICT- 686 521.

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WP(C) NO. 957 OF 2023

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5 THE PRINCIPAL, ST. THOMAS HIGH SCHOOL, PAMPADI SOUTH, KOTTAYAM DISTRICT- 686 521.

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SMT NISHA BOSE, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 957 OF 2023

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JUDGMENT

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This writ petition is filed seeking issuance of directions to the 3rd respondent to approve the appointment of the petitioner covered by Ext.P1 and for a further direction to the 1st respondent to take a decision on Ext.P5

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with notice to the petitioner.

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Sri. Sajjad, the learned counsel appearing for the petitioner, submitted that the petitioner was appointed as UPSA in the St. Thomas High School, Pambadi South, Kottayam, with effect from 22.07.2021 against the resignation vacancy of Smt.Asha Kuruvila. It is asserted that the expert committee has not identified the post of UPSA for appointing physically disabled persons. In the said circumstances, the petitioner is stated to have submitted Ext.P5 revision petition seeking approval and prays that necessary

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directions be issued.

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Heard the learned Government Pleader. In view of the order that I

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propose to pass, no prejudice would be caused to respondents 4 and 5 if notice is dispensed with.

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WP(C) NO. 957 OF 2023

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After having carefully evaluated the contentions raised in this writ

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petition, the submissions made across the Bar, and the facts and

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circumstances, I am of the view that this writ petition can be disposed of at

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the admission stage itself by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P5 after affording an opportunity of being heard, either physically or

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virtually, to the petitioner herein or his authorized representative and party respondents.

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b) Orders, as directed above, shall be passed expeditiously,

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in any event, within four months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of

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the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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WP(C) NO. 957 OF 2023 5

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APPENDIX OF WP(C) 957/2023

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PETITIONER(S) EXHIBITS :

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Exhibit	P-1 TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 02.08.2021
Exhibit	P-2 TRUE COPY OF THE RETURNING THE PRO (ALONG WITH TYPED	PRINT OUT OF SAMANWAYA POSAL DATED 06.11.2022 COPY)
Exhibit	P-3 TRUE COPY OF THE THE YEAR 2019-20 D.DIS/B3/45549/20	STAFF FIXATION ORDER OF VIDE ORDER NO. 19 DATED 18.07.2019
Exhibit	P-4 TRUE COPY OF THE	STAFF FIXATION ORDER FOR
	THE YEAR 2022-23	VIDE ORDER NO.
	D.DIS/B3/40279/20	22 DATED 06.08.2022
Exhibit	P-5 TRUE COPY OF THE SUBMITTED BY THE GOVERNMENT DATED	REVISION PETITION PETITIONER BEFORE THE 21.12.2022

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RESPONDENT(S) EXHIBITS : NIL

Sijo v. Cheriyan v State of Kerala

Case brief

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Sijo v. Cheriyan v State of Kerala

Case brief

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