Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946 RP NO. 148 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.20579 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENTS 1 TO 3 IN W.P(C): 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DEPUTY DIRECTOR OF EDUCATION THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR, PIN-680506 CHAVAKKAD, MINI CIVIL STATION, CHAVAKKAD, THRISSUR, PIN - 680506 BY ADV GOVERNMENT PLEADER RESPONDENTS: 1 THE MANAGER HIGHER SECONDARY SCHOOL, THIRUVALAYANNUR, VADAKKEKAD , THRISSUR, PIN - 679562 2 CIBI.C.O AGED 41 YEARS W/O JOBY.C.J ,JUNIOR (HINDI) TEACHER , HIGHER SECONDARY SCHOOL, THIRUVALAYANNUR, VADAKKEKAD, THRISSUR, PIN - 679562 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
ZIYAD RAHMAN A.A., J.
------------------------------------ ------------------------------------ Dated this the 25th day of February, 2025
ORDER
This review petition is submitted by the Government, highlighting certain errors in the judgment. The issue involved in the writ petition pertains to the approval of the appointment of the petitioner as a Junior Hindi Language Teacher. The said appointment was made while he was working as an Office Attendant in the School concerned. The approval of appointment as Office Attendant itself was not granted on the reason that he was
a graduate which was an over qualification. It was also found that the petitioner does not have the K-TET qualification. The writ petition was disposed of by this
Court, taking note of the various Government Orders issued extending the period for obtaining K-TET qualification. :3: Thus, the reliefs were granted, by holding that the K-TET qualification was not necessary at the relevant time, as the period for securing K-TET stood extended, during the said period.
2. It is to be noted in this regard, that the appointment of the petitioner as Junior Hindi Language Teacher was made on 15.07.2021 and this Court found the petitioner eligible for getting approval of the said appointment, under the impression that, even in respect of the non-teaching staff, the time for securing the qualification of K-TET stood extended beyond the period
originally fixed. However, it is pointed out in the review petition that the said period was extended only in respect of the teaching staff, and the extension for the non-teaching staff was only up to the beginning of the academic year 2020-2021. Therefore, the petitioner was not eligible for exemption at the relevant time, to get appointed as. Thus the very basis on which the judgment was rendered, was :4: not in existence and therefore there is an apparent error in the said judgment, as it was rendered without noticing this
fact. Therefore this review petition is allowed and judgment
is recalled. This writ petition is restored. Post the matter for hearing as per the roster. Sd/- ZIYAD RAHMAN A.A., JUDGE Raj. :5: APPENDIX OF RP 148/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE G.O(S).NO.33/2019/GEDN DATED 08.03.2019. Annexure A2 TRUE COPY OF G.O(P).NO.17/2020/GEDN DATED 13.10.2020 Annexure A3 TRUE COPY OF THE G.O(MMS).NO.58/2021/GEDN DATED 12.02.2021. Annexure A4 TRUE COPY OF THE G.O(MS).NO. Annexure A5 TRUE COPY OF THE G.O(MS).NO.