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Kerala High Court

Sajina V.A vs Kadathanad Raja'S High School Managing ... on 4 March, 2012

Author: P.R.Ramachandra Menon

Bench: P.R.Ramachandra Menon

       

  

  

 
 
                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                   THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

               WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`

                                     WP(C).No. 22898 of 2012 (J)
                                         ---------------------------
PETITIONER(S) :
----------------------

          1.         SAJINA V.A., AGED 30 YEARS
                     H.I. COTTAGE, P.O. PARAL, THALASSERY - 670 671.

          2.         SHIJI V.P.,
                     KOTTITAYIL HOUSE, PATHIYARAKKARA
                     VATAKARA - 673 105.

          3.         SURYA A.P.,
                     PADMALAYAM, PUTHUR, VATAKARA - 673 104.

          4.         JOSHI S.,
                     VISRAYAM JHOUSE, KURINALIYODE P.O.
                     VILLIAPPALLY - 673 542.

                     BY ADVS.SRI.P.RAMAKRISHNAN
                               SMT.PREETHI KESAVAN
                               SRI.T.C.KRISHNA

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

          1.         KADATHANAD RAJA'S HIGH SCHOOL MANAGING COMMITTEE
                     KADATHANAD RAJA'S HIGH SCHOOL, PURAMERI
                     VATAKARA - 673 503, REPRESENTED BY ITS SECRETARY.

          2.         THE PRESIDENT/MANAGER,
                     KADATHANAD RAJA'S HIGH SCHOOL,PURAMERI
                     VATAKARA - 673 503.

          3.         HEADMISTRESS,
                     KADATHANAD RAJA'S HIGH SCHOOL, PURAMERI
                     VATAKARA - 673 503.

          4.         THE REGIONAL DEPUTY DIRECTOR,
                     DEPARTMENT OF HIGHER SECONDARY EDUCATION
                     P.O. PARAPPIL, KOZHIKODE - 673 001.

                     R4 BY SRI.M.A.FAIYAZ, GOVERNMENT PLEADER

                     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
                     03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMV

WP(C).No. 22898 of 2012 (J)

                                     APPENDIX

PETITIONER(S) EXHIBITS     :

EXHIBIT-P1-  COPY OF THE ORDER OF APPOINTMENT DATED 04/03/2012 ISSUED BY
             THE IST RESPONDENT TO THE IST PETITIONER.

EXHIBIT-P2-  COPY OF THE ORDER OF APPOINTMENT DATED 04/03/2012 ISSUED BY
             THE IST RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT-P3-  COPY OF THE ORDER OF APPOINTMENT DATED 04/03/2012 ISSUED BY
             THE IST RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT-P4-  COPY OF THE ORDER OF APPOINTMENT DATED 04/03/2012 ISSUED BY
             THE IST RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT-P5-  COPY OF THE COMMUNICATION DATED 04/03/2012 FROM THE IST
             RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT-P6-  COPY OF THE ORDER DATED 12/09/2012 ISSUED BY THE 4TH
             RESPONDENT.

EXHIBIT-P7-  COPY OF THE REPRESENTATION DATED 03/08/2012 SUBMITTED BY THE
             IST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT-P8-  COPY OF THE REPRESENTATION DATED 03/08/2012 SUBMITTED BY THE
             2ND PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT-P9-  COPY OF THE REPRESENTATION DATED 03/08/2012 SUBMITTED BY THE
             3RD PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT-P10- COPY OF THE REPRESENTATION DATED 03/08/2012 SUBMITTED BY THE
             4TH PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENTS' EXHIBITS      :   NIL


                                     /TRUE COPY/



                                     P.A.TO JUDGE




AMV



                  P.R.RAMACHANDRA MENON, J.
                ---------------------------------------
                  W.P.(C) NO. 22898 of 2012 (J)
                ----------------------------------------
              Dated this the 3rd day of October, 2012

                                  JUDGMENT

The petitioners have approached this Court with the following prayers :

A) Issue a writ of mandamus or any other appropriate writ or order, directing the 4th respondent to take up and dispose of Exts.P-

7 to P-10 forthwith.

B) Hold that the 2nd and 3rd respondents are bound to comply with the decisions taken by the 1 st respondent on 04.03.2012 and appoint the petitioners as HSSTs w.e.f.05.03.2012, C) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case. When the matter is taken up for consideration, the learned counsel for the petitioners submits that, the grievance projected in the writ petition has already been exposed by the petitioners by filing representations vide Exts.P7 to P10 which are pending consideration before the 4th respondent. The learned counsel further submits that, the petitioners will be satisfied, if a direction is given to the 4th respondent to have them considered and finalised within a reasonable time.

W.P.(C) NO. 22898 of 2012 (J) 2

2. Heard the learned Government Pleader as well, who entered appearance on behalf of the 4th respondent.

3. Considering the limited nature of relief sought for and proposed to be given, this Court does not find it necessary to issue any notice to respondents 1 to 3 for the time being. The writ petition is disposed of, directing the 4th respondent to consider Exts.P7 to P10 and pass appropriate orders, in accordance with law, of course after giving an opportunity of hearing to the petitioner and also the respondents 1 to 3, at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 4th respondent for further steps.

sd/-

P.R.RAMACHANDRA MENON, JUDGE AMV W.P.(C) NO. 22898 of 2012 (J) 3 W.P.(C) NO. 22898 of 2012 (J) 4