Kerala High Court
Reshmi.K.S vs State Of Kerala on 22 February, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
WP(C).No.2049 OF 2015(E)
PETITIONERS:
1 RESHMI.K.S, HIGHER SECONDARY TEACHER (CHEMISTERY),
T.T.HIGHER SECONDARY SCHOOL TEACHER, MUVATTUPUZHA.
2 JINCY RAJ, HIGHER SECONDARY TEACHER
(PHYSICS)T.T.HIGHER SECONDARY SCHOOL, MUVATTUPUZHA.
3 JOSEPH J, HIGHER SECONDARY TEACHER
(CHEMISTERY),S.N.D.P HIGHER SECONDARY SCHOOL,
MUVATTUPUZHA.ARY SCHOOL, MUVATTUPUZHA.
4 PREETHA B., HIGHER SECONDARY TEACHER (MATHS ),
S.N.D.P HIGHER SECONDARY SCHOOL TEACHER ,
MUVATTUPUZHA
5 REMA S NAIR, HIGHER SECONDARY TEACHER (PHYSICS),
S.N.D.P HIGHER SECONDARY SCHOOL TEACHER ,
MUVATTUPUZHA
6 K.K.LATHA, HIGHER SECONDARY TEACHER (HINDI),
S.N.D.P HIGHER SECONDARY SCHOOL TEACHER ,
MUVATTUPUZHA
7 GREEBY K. VARGHESE, HIGHER SECONDARY TEACHER
(PHYSICS),FR.JOSEPH MEMORIAL HIGHER SECONDARY
SCHOOL, PUTHUPPADY, ERNAKULAM DISTRICT.
8 SUNIMOL K PAUL, HIGHER SECONDARY TEACHER
(CHEMISTERY),FR.JOSEPH MEMORIAL HIGHER SECONDARY
SCHOOL, PUTHUPPADY, ERNAKULAM DISTRICT.
9 BABY SKARIAH, HIGHER SECONDARY TEACHER
(MATHEMATICS),ST.MARY'S HIGHER SECONDARY SCHOOL,
MORAKKALA, ERNAKULAM DISTRICT.
10 JIBY A PAUL, HIGHER SECONDARY TEACHER
(PHYSICS),ST.MARY'S HIGHER SECONDARY SCHOOL,
MORAKKALA, ERNAKULAM DISTRICT.
WPC 2049/15
2
11 SHIBI DAVID, HIGHER SECONDARY TEACHER
(CHEMISTRY),ST.MARY'S HIGHER SECONDARY SCHOOL,
MORAKKALA, ERNAKULAM DISTRICT.
12 SIJO JACOB, HIGHER SECONDARY TEACHER
(CHEMISTRY),ST.STEPHAN'S HIGHER SECONDARY SCHOOL,
KEERAMPARA, ERNAKULAM DISTRICT.
13 LEENA J MOHAN, HIGHER SECONDARY TEACHER
(PHYSICS),ST.STEPHAN'S HIGHER SECONDARY SCHOOL,
KEERAMPARA, ERNAKULAM DISTRICT.
14 HOLY MATHEW, HIGHER SECONDARY TEACHER
(CHEMISTRY),ST.IGNATIOUS HIGHER SECONDARY SCHOOL,
KANAJIRAMATTOM, ERNAKULAM DISTRICT.
15 HELN K JACOB, HIGHER SECONDARY TEACHER
(PHYSICS),ST.IGNATIOUS HIGHER SECONDARY SCHOOL,
KANAJIRAMATTOM, ERNAKULAM DISTRICT.
BY ADV. SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION, SECRETARIAT,
THIRUVANTHAPURAM-695 001.
2 THE DIREICTOR, DIRECTORATE OF HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDING,
THIRUVANTHAPURAM-695 001
3 THE MANAGER, T.T.HIGHER SECONDARY SCHOOL,
MUVATTUPUZHA-686 691.
4 THE MANGER, S.N.D.P.HIGHER SECONDARY SCHOOL,
MUVATTUPUZHA-686 691
5 THE MANGER, FR.JOSEPH MEMORIAL HIGHER SECONDARY
SCHOOL, PUTHUPPADY, ERNAKULAM DISTRICT-686 679.
6 THE MANGER, ST.MARY'S HIGHER SECONDARY
SCHOOL,MORAKKALA, ERNAKULAM.
7 THE MANAGER, ST.STEPHAN'S HIGHER SECONDARY SCHOOL,
WPC 2049/15
3
KEERAMPARA, ERNAKULAM DISTRICT-682 052.
8 THE MANGER, ST.IGNATIOUS HIGHER SECONDARY SCHOOL,
KANAJIRAMATTOM, ERNAKULAM DISTRICT.
BY ADVS.
SRI.K.I.JOY
SRI.A.N.SANTHOSH
SR.GP-SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 2049/15
4
JUDGMENT
When this matter was called today, the learned Senior Government Pleader - Sri.P.M.Manoj and the learned counsel for the petitioners - Sri.Paulson Thomas, were ad idem that this Court has already considered identical issues in W.P.C)Nos.35047&35277/2014 and has delivered a judgment, issuing certain directions to the Director of General Education. They, therefore, prayed that this Writ Petition be also ordered in terms of the directions therein.
I, resultantly, allow this Writ Petition and set aside Ext.P23 order; with a consequential direction to the 2nd respondent- Director of General Education to reconsider the proposal for approval of the petitioners and grant them benefits, if they are otherwise so qualified, taking note of the observations in the judgment in W.P.C)Nos.35047&35277/2014 WPC 2049/15 5 and also specifically adverting to the views of this Court in the judgment in W.P. (C)No.40409/2003 and connected matters.
The afore exercise shall be completed by the 2nd respondent as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners as also to the Manager of the School - either physically or through video conferencing.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 2049/15
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXT.P1.TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER 1 AND 2 AS HSST (JUNIOR) FROM 15/7/1999.
EXT.P1(A).TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER 1 AND 2 AS HSST W.E.F 02/8/2000.
EXT.P2.TRUE COPY OF THE COMMON APPROVAL ORDER OF THE PETITIONER 1 AND 2 AS HSST (JUNIOR) W.E.F.1/11/1999 EXT.P3.TRUE COPY OF THE COMMON APPROVAL ORDER OF THE PETITIONER 4 AND 5 AS HSST (JUNIOR) W.E.F. 1/11/1999.
EXT.P4.TRUE COPY OF THE APPROVAL ORDER OF THE 6TH PETITIONER HSST (JUNIOR) EXT.P5.TRUE COPY OF THE COMMON APPROVAL ORDER IN RESPECT OF THE PETITIONERS 3,4,5 AND 6 AS HSST W.E.F 15/7/2000.
EXT.P6.TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONERS 7 AND 8 AS HSST W.E.F 15/7/1999.
EXT.P6(A).TRUE COPY OF THE APPROVAL ORDER AS HSST FULL TIME W.E.F 17/7/2000.
EXT.P7.TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER 9 TO 11 AS HSST (JUNIOR) W.E.F. 15/7/1999.
EXT.P7(A).TRUE COPY OF THE APPROVAL ORDER GRANTING APPROVAL AS HSST WPC 2049/15 7 W.E.F. 17/7/2000 OF PETITIONERS 9 TO
11.
EXT.P8.TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER NO.12 AS HSST JUNIOR EXT.P.8(A)TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER NO.12 AS HSST EXT.P9.TRUE COPY OF THE APPROVAL ORDER AS HSST JUNIOR PETITIONER NO.13.
EXT.P9(A).TRUE COPY OF THE APPROVAL ORDER AS HSST JUNIOR PETITIONER NO.13.
EXT.P10.TRUE COPY OF THE COMMON APPROVAL ORDER OF THE PETITIONER 14 AND 15 AS HSST (JUNIOR).
EXT.P10(A).TRUE COPY OF THE COMMON APPROVAL ORDER OF THE PETITIONER 14 AND 15 AS HSST .
EXT.P11.TRUE COPY OF THE STAFF FIXATION FOR TT, HSS, MUVATTUPUZHA FOR THE YEAR 1990 - 2000.
EXT.P12.TRUE COPY OF THE STAFF FIXATION FOR TT, HSS, MUVATTUPUZHA FOR THE YEAR 2000 - 2001 EXT.P13.TRUE COPY OF THE STAFF FIXATION IN RESPECT F THE YEAR 1999
- 2000 CONCERNING PETITIOENRS 3 TO 6 I.E. IN RESPECT OF S.N.D.P. HSS, MUVATTUPUZHA.
EXT.P14.TRUE COPY OF THE STAFF FIXATION IN RESPECT F THE YEAR 2000
- 2001 CONCERNING PETITIOENRS 3 TO 6 I.E. IN RESPECT OF S.N.D.P. HSS, MUVATTUPUZHA.
WPC 2049/158 EXT.P15.TRUE COPY OF THE STAFF FIXATION ORDER IN RESPECT OF PETITONERS 7 AND 8 FOR THE YEAR 1999
- 2000.
EXT.P16.TRUE COPY OF THE STAFF FIXATION ORDER FOR 2000- 2001 EXT.P17.TRUE COPY OF THE STAFF FIXATION ORDER IN RESPECT OF PETITONERS 9 TO 11 FOR THE YEAR 1999
- 2000.
EXT.P17(A).TRUE COPY OF THE STAFF FIXATION ORDER IN RESPECT OF PETITONERS 9 TO 11 FOR THE YEAR 2000
- 2001.
EXT.P18.TRUE COPY OF THE STAFF FIXATION ORDER IN RESPECT OF PETITONERS 12 AND 13 FOR THE YEAR 1999 - 2000.
EXT.P19.TRUE COPY OF THE GOVERNMENT ORDER SANCTIONING ADDITIONAL BATCH IN RESPECT OF THE SCHOOL UNDER RESPONDENTS 3 TO 8.
EXT.P20.TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS 1 AND 2 EXT.P20(A).TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS 3 TO 6 EXT.P20(B).TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS 7 AND 8 EXT.P20(C).TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS 9 TO 11 EXT.P20(D).TRUE COPY OF THE WPC 2049/15 9 REPRESENTATION SUBMITTED BY THE PETITIOENRS 12 TO 13 EXT.P20(E).TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS 14 TO 15 EXT.P21.TRUE COPY OF THE JUDGMENT IN WPC NO.23095/2013.
EXT.P22.TRUE COPY OF THE JUDGMENT IN WPC NO.10026/2014.
EXT.P23.GOVERNMENT ORDER G.O.(RT) NO.5119/2014/GEN.EDN. DATED 19/11/2014.
EXT.P24.G.O.(MS) NO.261/2001/GEN.EDN. DATED 17/8/2001.
EXT.P25.JUDGMENT IN WPC NO.40409/2003 DATED 2/2/2012. EXT.P26.PROCEEDINGS OF THE DIRECTOR DATED 25/1/2013.
EXT.P27.G.O.(MS)NO.124/2012/GEN.EDN DATED 19/4/2012.