Kerala High Court
Maria Jasmine K vs State Of Kerala on 1 September, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.28649/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 1st day of September 2022 / 10 th Bhadra, 1944
WP(C) NO. 28649 OF 2022(E)
PETITIONER:
MARIA JASMINE K., AGED 45 YEARS HST (MATHS), R.M. HIGHER SECONDARY
SCHOOL, ALOOR, THRISSUR DISTRICT - 680 697.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2. DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695
014.
3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR, CIVIL STATION, THRISSUR -
680 003.
4. DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE,
IRIJALAKUDA - 680 121.
5. MANAGER, R.M. HIGHER SECONDARY SCHOOL, ALOOR, THRISSUR DISTRICT -
680 697.
6. HEADMISTRESS, R.M. HIGHER SECONDARY SCHOOL, ALOOR, THRISSUR DISTRICT
- 680 697.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the implementation of Exhibit P2 to the extent it
discontinues the accommodation of techers in standed IX and X by applying
1:40 ration w.e.f. 2022-23 and the respondnets 3,4 and 6 may be directed
to retain the petitioner in the present school pending disposal of the
writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.M.PAREETH, AISWARYA VENUGOPAL & NAJEEB P.S Advocates for the
petitioner and of GOVERNMENT PLEADER for the respondent 1 to 4, the court
passed the following:
WP(C) No.28649/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P(C) No. 28649 of 2022
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Dated this the 1st day of September, 2022
ORDER
The learned Government Pleader takes notice for respondents 1 to 4. Issue urgent notice by speed post to respondents 5 and 6.
2. Sri.P.M.Pareeth, and Ms. Aiswarya Venugopal, the learned counsel appearing for the petitioner, point out that the DGE has issued Ext.P4 directing the DDEs to keep in abeyance the deployment of teachers for a short period. The learned counsel also highlights the health condition of the petitioner and refers to a certificate issued in the year 2014 to substantiate her contention.
3. The learned Government Pleader points out that though there is a proposal for restoring 1:40 PTR, no orders have been issued.
4. Having regard to the submissions advanced, though I am not inclined to stay the deployment of the petitioner herein, it is made clear WP(C) No.28649/2022 3/4 W.P. (C) No.28649 of 2022 2 that if orders are passed by the Government restoring 1:40 ratio, the petitioner shall be redeployed to the parent school.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE sru 01-09-2022 /True Copy/ Assistant Registrar WP(C) No.28649/2022 4/4 APPENDIX OF WP(C) 28649/2022 Exhibit P2 A TRUE PHOTOCOPY THE G.O(RT) NO.4441/2022/ GEDN DATED 108-2022.
Exhibit P4 A TRUE COPY OF THE LETTER NO. H2/5594/2022/DGE DATED 25-082022 ISSUED BY THE SECOND RESPONDENT TO ALL DEPUTY DIRECTORS OF EDUCATION.