Jayasree. S vs District Educational Officer

Type Court Judgment Court Kerala Decided Jan 30, 2024

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Citation: sooperkanoon.com/1311413
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jan 30, 2024
Case Number: WP(C)/37760/2023

Parties & Advocates

Appellant / Petitioner

Jayasree. S

Respondent

District Educational Officer

Excerpt

.....district educational officer, kattappana, pin - 685508.2 manager, m.a.i. high school, murukady, p.o. viswanathapuram, idukky, pin - 685535. by adv. sri. sajjad m. smt.nisha bose, sr.g.p. this writ petition (civil) having come up for admission on 30.01.2024, the court on the same day delivered the following: ..2..mohammed nias c. p. , j.w.p.(c) no. 37760 of 2023 dated this the 30th day of january, 2024judgmentthe petitioner has submitted ext.p-2 before the 1st respondent praying for the assistance of a lawyer in the disciplinary proceedings.2. the learned counsel for the petitioner submits that the issue iscovered in her favour by the judgment of this court in the case devadar aided school v. usha [2020 (3) klt 291] which held that if the manager is represented by a lawyer, then the teacher also should be permitted assistance of a lawyer.3. accordingly, the writ petition is allowed. there will be adirection to the 1st respondent to permit the petitioner to engage a lawyer to defend herself in the disciplinary proceedings. the writ petition is allowed as above. sd/- mohammed nias c. p., judge mmg ..3.. appendix of wp(c).no.37760/2023 petitioner's exhibits: exhibit p1 photostat copy of the communication no.11/2022-23 dated 27.09.2023 issued by the manager exhibit p2 photostat copy of the request send to the district educational officer by the petitioner dated 03.10.2023 respondents' exhibits: exhibit r-2(a) true copy of the memo of charges and statement of allegations dated 25.11.2022 exhibit r-2(b) true copy of the g.o(rt) no. exhibit r-2(c) true copy of the judgment in wp(c) no.

Full Judgment

..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WP(C) NO. 37760 OF 2023 PETITIONER: JAYASREE S., AGED 49 YEARS, W/O. PRADEEPKUMAR R., UPST, M.A.I. HIGH SCHOOL, MURUKADY, P.O. VISWANATHAPURAM, IDUKKY, R/AT SRUTHI HOUSE, KUMALI P.O., IDUKKI, PIN - 685509. BY ADVS.M/S.BEJOY JOSEPH P.J. & M.VIJAYAKUMAR RESPONDENTS: 1 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, PIN - 685508.
2 MANAGER, M.A.I. HIGH SCHOOL, MURUKADY, P.O. VISWANATHAPURAM, IDUKKY, PIN - 685535. BY ADV. SRI. SAJJAD M. SMT.NISHA BOSE, SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
W.P.(C) No. 37760 of 2023 Dated this the 30th day of January, 2024

JUDGMENT

The petitioner has submitted Ext.P-2 before the 1st respondent praying for the assistance of a lawyer in the disciplinary proceedings.

2. The learned counsel for the petitioner submits that the issue is

covered in her favour by the judgment of this Court in the case Devadar Aided School v. Usha [2020 (3) KLT 291] which held that if the Manager is represented by a lawyer, then the Teacher also should be permitted assistance of a lawyer.

3. Accordingly, the Writ Petition is allowed. There will be a

direction to the 1st respondent to permit the petitioner to engage a lawyer to defend herself in the disciplinary proceedings. The Writ Petition is allowed as above. Sd/- MOHAMMED NIAS C. P., JUDGE MMG ..3.. APPENDIX OF WP(C).NO.37760/2023 PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOSTAT COPY OF THE COMMUNICATION NO.11/2022-23 DATED 27.09.2023 ISSUED BY THE MANAGER EXHIBIT P2 PHOTOSTAT COPY OF THE REQUEST SEND TO THE DISTRICT EDUCATIONAL OFFICER BY THE PETITIONER DATED 03.10.2023 RESPONDENTS' EXHIBITS: EXHIBIT R-2(A) TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 25.11.2022 EXHIBIT R-2(B) TRUE COPY OF THE G.O(RT) NO. EXHIBIT R-2(C) TRUE COPY OF THE JUDGMENT IN WP(C) NO.

Same Court & Year Kerala · 2024 Same Parties Jayasree. S vs District Educational Officer Same Judge Honourable Mr.Justice Mohammed Nias C.P.