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Kerala High Court

V.P. Hussan Kutty Haji vs The State Of Kerala Represented By Its on 21 August, 2012

       

  

   

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

        FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H

                      WP(C).NO. 26057 OF 2015 (F)
                      ----------------------------

PETITIONER(S):
--------------

     1.  V.P. HUSSAN KUTTY HAJI, SON OF MOINKUTTY HAJI,
       AGED 58 YEARS
       MANAGER, UMALP SCHOOL, PALANKARA
       P.O.PALANKARA-679 330, NILAMBUR, MALAPPURAM DISTRICT

     2. V.K.KATHARINE
     HEADMISTRESS,UMALP SCHOOL, PALANKARA
     P.O.PALANKARA-679 330, NILAMBUR, MALAPPURAM DISTRICT

       BY ADVS.SRI.V.A.MUHAMMED
                        SRI.M.SAJJAD

RESPONDENT(S):
----------------

     1. THE STATE OF KERALA REPRESENTED BY ITS
      SECRETARY TO GOVERNMENT
      GENERAL EDUCATION DEPARTMENT
      SECRETARIAT, THIRUVANANTHAPURAM-695001

      2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,
      THIRUVANANTHAPURAM-695014

     3. THE DISTRICT EDUCATIONAL OFFICER
     WANDOOR, MALAPPURAM DISTRICT-679328

     4. THE ASSISTANT EDUCATIONAL OFFICER,
      NILAMBUR, MALAPPURAM DISTRICT-676 332


     5. SMT.P.V.USHA
     LOWER PRIMARY SCHOOL ASSISTANT
     UMALP SCHOOL, P.O.PALAKARA
     NILAMBUR-679 330, MALAPPURAM DISTRICT

        BY GOVERNMENT PLEADER SMT.LOWSY.A

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION ON
21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 26057 OF 2015 (F)
                                APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION
DATED 21.08.2012

P2: TRUE COPY OF THE  APPOINTMENT ORDER OF THE 2ND PETITIONER DATED
10.05.2013 AND APPROVAL THEREON

P3: TRUE COPY OF THE ORDER NO.G2/43045/15/DPI/K.DIS.DATED 22.07.2015 OF
THE 2ND RESPONDENT

P4: TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT BY THE
MANAGER DATED 12.08.2015, WITHOUT ANNEXURE

P5: TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P4 REVISION
PETITION DATED 12.08.2015

EXT.P6:TRUE COPY OF THE G.O.(MS)NO.92/2014/G.EDN.DATED 2.6.2014 OF THE
GOVERNMENT

EXT.P7: TRUE COPY OF THE ORDER NO.47021/J1/14/G.EDN.DATED 29.05.2015
DATED 29.05.2015 OF THE GOVERNMENT

RESPONDENT(S)' EXHIBITS:NIL
------------------------

                                                           //TRUE COPY//




                                                            P.A TO JUDGE



                 A.K.JAYASANKARAN NAMBIAR, J.
               .............................................................
                        W.P.(C).No.26057 of 2015
               .............................................................
              Dated this the 21st day of August, 2015

                                J U D G M E N T

The 1st petitioner is the Manager and the 2nd petitioner a person who was appointed as Headmistress of the UMA L.P School, Palankara. In the writ petition, the petitioners are aggrieved by the order of the 2nd respondent cancelling the approval granted to the appointment of the 2nd petitioner as Headmistress of the School. It is stated that against the order of the 2nd respondent, the 1st petitioner has filed Ext.P4 revision petition and Ext.P5 stay petition before the 1st respondent and the limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P4 revision petition expeditiously after hearing the petitioners.

2. I have heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P4 revision petition preferred by the 1st petitioner within a period of two months from the date of receipt of a copy of W.P.(C).No.26057 of 2015 2 this judgment after hearing the petitioners. I make it clear that, till such time as orders are passed by the 1st respondent as directed, and communicated to the petitioners, the 2nd petitioner shall be permitted to continue as Headmistress of the School taking note of the approval granted to the appointment by Ext.P2 order. The petitioners shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns W.P.(C).No.26057 of 2015 3