The Manager, Ksb School. Vs.

The Manager, Ksb School. vs The State of KeralA.

Type Court Judgment Court Kerala Decided Dec 22, 2010

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Citation: sooperkanoon.com/917151
Court: Kerala High Court
Judge: K.T.Sankaran, J.
Decided On: Dec 22, 2010
Case Number: WP(C).No. 37045 of 2010(E)
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

[MR.JUSTICE B.V.PINTO, J.] This CRL.A filed u/s.374(2) CR.P.C. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & SJ., fast track court II, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of IPC and sentencing him to undergo S.I. for 5 years ...

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

The Manager, Ksb School.

Advocate SRI.U.BALAGANGADHARAN, Adv.

Respondent

The State of KeralA.

Legal References

Reported In: ILR2010(4)Ker729

Excerpt

[mr.justice b.v.pinto, j.] this crl.a filed u/s.374(2) cr.p.c. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & sj., fast track court ii, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of ipc and sentencing him to undergo s.i. for 5 years and to pay a fine of rs.3000/- i.d., s.i. for 6 months for the offence p/u/s.326 of ipc.1. the petitioner is the manager of ksb school, karippode, palakkad. according to him, during the academic year 2006-2007, a vacancy of full time sanskrit teacher arose on the retirement of one mrs.thylambal. it is stated that thylambal was working as full time sanskrit teacher on the basis of group c diversion. the petitioner appointed sheebamol as full time sanskrit teacher in the vacancy of thylambal. the assistant educational officer approved the appointment of sheebamol only as a part time sanskrit teacher. challenging that order, the petitioner filed appeal before the deputy director of education, who dismissed the appeal as per exhibit p3 order dated 30.3.2007. on further appeal to the director of public instruction by the manager, that appeal was also dismissed as per exhibit p4 order dated 18.3.2008. the petitioner challenged exhibit p4 order in exhibit p5 revision before the government under rule 92 of chapter xiv a of the kerala education rules. exhibit p5 is pending disposal. 2. though several reliefs are claimed in the writ petition, the learned counsel for the petitioner submitted that for the time being, it is sufficient if a direction is issued to the first respondent to dispose of exhibit p5 revision at the earliest. 3. heard the learned counsel for the petitioner and the learned government pleader. 4. in the facts and circumstances of the case, the writ petition is disposed of as follows: the first respondent shall consider and dispose of exhibit p5 revision dated 10th july 2009, submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the teacher appointed by him, namely, sheebamol. the petitioner shall produce a copy of the writ petition and certified copy of the judgment before the first respondent.

Full Judgment

1. The petitioner is the Manager of KSB School, Karippode, Palakkad. According to him, during the academic year 2006-2007, a vacancy of Full Time Sanskrit Teacher arose on the retirement of one Mrs.Thylambal. It is stated that Thylambal was working as Full Time Sanskrit Teacher on the basis of Group C diversion. The petitioner appointed Sheebamol as Full Time Sanskrit Teacher in the vacancy of Thylambal. The Assistant Educational Officer approved the appointment of Sheebamol only as a Part Time Sanskrit Teacher. Challenging that order, the petitioner filed appeal before the Deputy Director of Education, who dismissed the appeal as per Exhibit P3 order dated 30.3.2007. On further appeal to the Director of Public Instruction by the Manager, that appeal was also dismissed as per Exhibit P4 order dated 18.3.2008. The petitioner challenged Exhibit P4 order in Exhibit P5 revision before the Government under Rule 92 of Chapter XIV A of the Kerala Education Rules. Exhibit P5 is pending disposal.

2. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, it is sufficient if a direction is issued to the first respondent to dispose of Exhibit P5 revision at the earliest.

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

4. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:

The first respondent shall consider and dispose of Exhibit P5 revision dated 10th July 2009, submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the teacher appointed by him, namely, Sheebamol. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent.

Same Court & Year Kerala · 2010 Same Parties The Manager, Ksb School. vs The State of KeralA. Same Subject Education Same Judge K.T.Sankaran, J.

Education