Manager vs the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1286246
SubjectEducation
CourtKerala High Court
Decided OnJan-16-2024
Case NumberWP(C)/1670/2024
JudgeHonourable Mr.Justice Mohammed Nias C.P.
AppellantManager
RespondentThe State of Kerala
Excerpt:
..1..in the high court of kerala at ernakulampresent the honourable mr.justice mohammed nias c.p. tuesday, the 16th day of january 2024 / 26th pousha, 1945 wp(c) no. 1670 of 2024 petitioner: manager, aged 61 years, sree narayana vilasam teachers training institute, kakakzham, alappuzha, pin - 688005. by adv. sri.r.rajasekharan pillai respondents: the state of kerala, represented by the secretary, general education department, govt. secretariat, thiruvananthapuram, pin - 695001. the deputy director of education, 2 office of the deputy director of education, kodiveedu, alappuzha, kerala, pin - 688001. the district educational officer, alappuzha, office of the district educational officer, medical college jn, alappuzha, pin-, pin - 688005. smt.nisha bose, sr.g.p. this writ petition (civil) having come up for admission on 16.01.2024, the court on the same day delivered the following: ..2..mohammed nias c. p. , j.w.p.(c) no. 1670 of 2024 dated this the 16th day of january, 2024judgmentthe petitioner has filed ext.p-6 before the 2 nd respondent claiming approval.2. the learned counsel for the petitioner submits that the same may be considered in the light of exts.p-1 & p-3.3. since no orders have been passed by the 2 nd respondent on ext.p-6so far, there will be a direction to the 2 nd respondent to pass orders in accordance with law, with notice to the petitioner and other affected parties if any, within an outer time limit of 3 months from the date of receipt of a copy of this judgment. it will be open to the petitioner to produce such documents including exts p1 and p3 to substantiate his claim which the 2 nd respondent will advert to while deciding as aforesaid. this writ petition is disposed of accordingly. sd/- mohammed nias c. p., judge mmg ..3.. appendix of wp(c).no.1670/2024 petitioner's exhibits: true copy of the judgment dated 26.5.2023 exhibit -p1 in wa no. 508/2023 of this hon'ble court true copy of the order g.o. exhibit -p2 (rt)no.3743/2023/g.edn dated 23.6.2023 true copy of the interim order dated exhibit -p3 23.11.2023 in w.p.(c)no.22139/2023 of this hon'ble court exhibit -p4 upst divya darshan dated 15.7.2021 exhibit -p4a upst noorunnisa a dated 15.7.2021 exhibit -p4b upst neethu u dated 15.7.2021 exhibit -p4c upst noufilamol v dated 15.7.2021 exhibit -p4d lpst sreekutty s dated 1.6.2022 exhibit -p4e atender sreekutty s dated 131.5.2021 true copy of the order no.b6/28846/2021 exhibit -p5 true copy of the order no.b6/28847/2021 exhibit -p5a ..4.. true copy of the order no.b6/30104/2021 exhibit-p5b true copy of the order no.b6/28845/2021 exhibit -p5c of the 3rd respondent true copy of the order no.b6/45032/2023 exhibit -p5d dated 9.10.2023 of the 3rd respondent true copy of the order no.b6/24691/2021 exhibit-p5e exhibit-p6 submitted by the petitioner before the exhibit-p6a submitted by the petitioner before the exhibit-p6b submitted by the petitioner before the exhibit -p6c submitted by the petitioner before the true copy of the appeal dated 26.10.2023 exhibit -p6d submitted by the petitioner before the exhibit -p6e submitted by the petitioner before the
Judgment:

..1..

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 WP(C) NO. 1670 OF 2024 PETITIONER: MANAGER, AGED 61 YEARS, SREE NARAYANA VILASAM TEACHERS TRAINING INSTITUTE, KAKAKZHAM, ALAPPUZHA, PIN - 688005. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENTS: THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. THE DEPUTY DIRECTOR OF EDUCATION, 2 OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KODIVEEDU, ALAPPUZHA, KERALA, PIN - 688001. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MEDICAL COLLEGE JN, ALAPPUZHA, PIN-, PIN - 688005. SMT.NISHA BOSE, SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

MOHAMMED NIAS C. P. , J.

W.P.(C) No. 1670 of 2024 Dated this the 16th day of January, 2024

JUDGMENT

The petitioner has filed Ext.P-6 before the 2 nd respondent claiming approval.

2. The learned counsel for the petitioner submits that the same may be considered in the light of Exts.P-1 & P-3.

3. Since no orders have been passed by the 2 nd respondent on Ext.P-6

so far, there will be a direction to the 2 nd respondent to pass orders in accordance with law, with notice to the petitioner and other affected parties if any, within an outer time limit of 3 months from the date of receipt of a copy of this judgment. It will be open to the petitioner to produce such documents including Exts P1 and P3 to substantiate his claim which the 2 nd respondent will advert to while deciding as aforesaid. This Writ Petition is disposed of accordingly. Sd/- MOHAMMED NIAS C. P., JUDGE MMG ..3.. APPENDIX OF WP(C).NO.1670/2024 PETITIONER'S EXHIBITS: TRUE COPY OF THE JUDGMENT DATED 26.5.2023 EXHIBIT -P1 IN WA NO. 508/2023 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER G.O. EXHIBIT -P2 (RT)NO.3743/2023/G.EDN DATED 23.6.2023 TRUE COPY OF THE INTERIM ORDER DATED EXHIBIT -P3 23.11.2023 IN W.P.(C)NO.22139/2023 OF THIS HON'BLE COURT EXHIBIT -P4 UPST DIVYA DARSHAN DATED 15.7.2021 EXHIBIT -P4A UPST NOORUNNISA A DATED 15.7.2021 EXHIBIT -P4B UPST NEETHU U DATED 15.7.2021 EXHIBIT -P4C UPST NOUFILAMOL V DATED 15.7.2021 EXHIBIT -P4D LPST SREEKUTTY S DATED 1.6.2022 EXHIBIT -P4E ATENDER SREEKUTTY S DATED 131.5.2021 TRUE COPY OF THE ORDER NO.B6/28846/2021 EXHIBIT -P5 TRUE COPY OF THE ORDER NO.B6/28847/2021 EXHIBIT -P5A ..4.. TRUE COPY OF THE ORDER NO.B6/30104/2021 EXHIBIT-P5B TRUE COPY OF THE ORDER NO.B6/28845/2021 EXHIBIT -P5C OF THE 3RD RESPONDENT TRUE COPY OF THE ORDER NO.B6/45032/2023 EXHIBIT -P5D DATED 9.10.2023 OF THE 3RD RESPONDENT TRUE COPY OF THE ORDER NO.B6/24691/2021 EXHIBIT-P5E EXHIBIT-P6 SUBMITTED BY THE PETITIONER BEFORE THE EXHIBIT-P6A SUBMITTED BY THE PETITIONER BEFORE THE EXHIBIT-P6B SUBMITTED BY THE PETITIONER BEFORE THE EXHIBIT -P6C SUBMITTED BY THE PETITIONER BEFORE THE TRUE COPY OF THE APPEAL DATED 26.10.2023 EXHIBIT -P6D SUBMITTED BY THE PETITIONER BEFORE THE EXHIBIT -P6E SUBMITTED BY THE PETITIONER BEFORE THE