Kerala High Court
The Manager vs State Of Kerala on 27 June, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 21004 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 21004 OF 2023
PETITIONER/S:
THE MANAGER
AGED 56 YEARS
EBENEZER HIGHER SECONDARY SCHOOL NELLAD PO, VEETTOOR,
MUVATTUPUZHA , ERNAKULAM DISTRICT-, PIN - 686669
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM -, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KAKKANAD PO, ERNAKULAM DISTRICT -,
PIN - 682030
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
MUVATTUPUZHA, T.B. JUNCTION, NEAR SIVAN KUNNU HS,
MUVATTUPUZHA, ERNAKULAM DISTRICT -, PIN - 686661
SMT.SURYA BINOY,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21004 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 21004 of 2023
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Dated this the 27th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"(i) To Issue a writ of Mandamus or appropriate order or direction directing the 3rd respondent to consider Ext.P4 and pass appropriate orders to enable the Petitioner to fill up those posts by accommodating physically disabled within a time frame to be fixed by this Hon'ble Court;
(ii) To issue a writ of Mandamus or appropriate order or direction directing the respondents to permit the Petitioner to appoint physically disabled persons in the 6 vacancies of protected teachers available as per Ext.P1;
(iii) To dispense with filing of the translation of vernacular documents;
(iv) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice" [SIC].
2. The petitioner is the Manager of an aided school. By Ext.P1, Government order, it is submitted that the protected teachers deployed in excess was ordered to be withdrawn by the Government. Accordingly, one protected teacher was was WP(C) NO. 21004 OF 2023 3 withdrawn from the petitioner's school. Now, 6 more protected teachers are working in the school is the submission. In the light of the Ext.P3 Government circular, it is submitted that physically disabled is to be appointed before 10.07.2023. Therefore, unless Ext.P1 is implemented, the petitioner will not be in a position to appoint the physically disabled person. Hence, the petitioner submitted Ext.P4 before the 3 rd respondent. The grievance of the petitioner is that the 3 rd respondent is not considering the same.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The Government Pleader submitted that the 3rd respondent can consider the matter only in consultation with the 1 st respondent, since there is Ext.P1. In the light of the above submission, I am of the considered opinion that the 3rd respondent can be directed to forward Ext.P4 to the 1st respondent within a time frame and there can be a direction to the 1 st respondent to consider Ext.P4 WP(C) NO. 21004 OF 2023 4 immediately.
Therefore, this writ petition is disposed of with the following directions :
1) The 3rd respondent is directed to forward Ext.P4 to the 1 st respondent within one week from the date of receipt of a certified copy of this judgment.
2) Once Ext.P4 along with a certified copy of this judgment with a copy of this writ petition is received, the 1 st respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within one month from the date of receipt of Ext.P4 from the 3rd respondent.
3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1 st respondent and 3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 21004 OF 2023 5 APPENDIX OF WP(C) 21004/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (P). NO. 5056/2021/G.EDN DATED 10/11/2021 Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.
B5/11155/2021/D.D.E. DATED 14/01/2022 OF THE 3 RD RESPONDENT, Exhibit P3 TRUE COPY OF THE CIRCULAR NO.H 2/295299/2021/DGE DATED 17-6-2023 ISSUED BY THE GOVERNMENT Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT