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The Am Lower Primary School vs the State of Kerala

The Am Lower Primary School vs The State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2020
~4 min read
https://sooperkanoon.com/case/1777757

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/12522/2020

Parties & Advocates

Appellant / Petitioner

The Am Lower Primary School

Respondent

The State of Kerala

Excerpt

.....government pleader did not object to the prayer for an expeditious consideration of exhibit p8.5. considering the averments pleaded in thewit petition and after hearing the learned counsel for both sides and also taking into consideration the fact that exhibit p8 is pending before the 1st respondent, without going into the merits of the dispute, i deem it appropriate to direct the 1 st respondent to consider and dispose of exhibit p8, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. the 1st respondent shall afford the petitioner or a representative of the petitioner an opportunity of being heard before passing orders on exhibit p8. the petitioner is at liberty to produce a copy of this judgment alongwith a copy of the memorandum of writ petition before the 1st respondent. this writ petition is ordered accordingly.sd/- c.s.dias judge ssk/30/06 appendix petitioner's exhibits: exhibit p1 true copy of the staff fixation order for 2017-18 dated 13.07.2017. exhibit p2 true copy of the staff fixation order for 2018-19 dated 05.07.2018. exhibit p3 true copy of the staff fixation order for 2019-20 dated 15.07.2019. exhibit p4 true copy of the consent tendered by themanager to effect appointment in terms of the amendment made to the kerala education rules 7 chapter xxi ker.exhibit p5 true copy of the appointment order of smt.nusra mankarathodi dated 01.06.2017 along with approval thereon. exhibit p5a true copy of the appointment order of smt.shilpa raj s.r. dated 01.06.2017 along with approval thereon. exhibit p5b true copy of the appointment order of smt.hajarabi.t. dated 01.06.2017 along with approval thereon. exhibit p6 true copy of the appointment order of smt.rasmiya.k.p. dated 06.06.2019. exhibit p7 true copy of the order no. c/7037/2019 dated 04.03.2020 issued by 3rd respondent exhibit p8 true copy of the revision petition submitted by the petitioner before the government dated 09.06.2020(without.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.12522 OF 2020(M) PETITIONER: THE AM LOWER PRIMARY SCHOOL, NEERAD,MUTHUVALLUR P.O., KONDOTTY EDUCATIONAL SUB DISTRICT, MALAPPURAM DISTRICT-673 638, REPRESENTED BY ITS MANAGER. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANNATHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY , THIRUVANANTHAPURAM-695 014. 3 THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT-673 638. R1-3 BY NISHA BOSE --SR GP . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of June 2020 The petitioner is the Manager of a School. He is aggrieved by the non approval of appointment of a Primary School teacher, who was appointed after setting apart one post to the Government, pursuant to the amendment made to the KER.

2. According to the petitioner, vide Exhibit

P6-order another Primary School teacher was appointed from 06-06-2019. But, the 3rd respondent by Exhibit P7 has declined approval of appointment of the petitioner on the specious plea that a protected teacher could not join the Petitioner's School. Hence the petitioner has preferred Exhibit P8 on 09-06-2020 before the 1st respondent. The petitioner seeks for an expeditious consideration of Exhibit P8.

3. Heard the learned counsel for the petitioner and the learned Senior Government Pleader for the respondents.

4. The learned counsel for the petitioner

reiterated the contentions pleaded in the writ petition. He prayed that the 1st respondent may be directed to consider and dispose of Exhibit P8 within a time frame. The learned Senior Government Pleader did not object to the prayer for an expeditious consideration of Exhibit P8.

5. Considering the averments pleaded in the

wit petition and after hearing the learned counsel for both sides and also taking into consideration the fact that Exhibit P8 is pending before the 1st respondent, without going into the merits of the dispute, I deem it appropriate to direct the 1 st respondent to consider and dispose of Exhibit P8, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. The 1st respondent shall afford the petitioner or a representative of the petitioner an opportunity of being heard before passing orders on Exhibit P8. The petitioner is at liberty to produce a copy of this judgment along

with a copy of the memorandum of writ petition before the 1st respondent. This writ petition is ordered accordingly.

Sd/- C.S.DIAS JUDGE SSK/30/06 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2017-18 DATED 13.07.2017. EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2018-19 DATED 05.07.2018. EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2019-20 DATED 15.07.2019. EXHIBIT P4 TRUE COPY OF THE CONSENT TENDERED BY THE

MANAGER TO EFFECT APPOINTMENT IN TERMS OF THE AMENDMENT MADE TO THE KERALA EDUCATION RULES 7 CHAPTER XXI KER.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.NUSRA MANKARATHODI DATED 01.06.2017 ALONG WITH APPROVAL THEREON. EXHIBIT P5A TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SHILPA RAJ S.R. DATED 01.06.2017 ALONG WITH APPROVAL THEREON. EXHIBIT P5B TRUE COPY OF THE APPOINTMENT ORDER OF SMT.HAJARABI.T. DATED 01.06.2017 ALONG WITH APPROVAL THEREON. EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.RASMIYA.K.P. DATED 06.06.2019. EXHIBIT P7 TRUE COPY OF THE ORDER NO. C/7037/2019 DATED 04.03.2020 ISSUED BY 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 09.06.2020(WITHOUT EXHIBITS) RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE

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