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High Court of KeralaWP(C)/1594/2015disposed of

Mallika.K.M. v. State Of Kerala

2015-01-16Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 1594 of 2015 (Y) --------------------------- PETITIONER(S):

-------------- MALLIKA.K.M. AGED 56 YEARS W/O.P.V RAMAKRISHNAN, SWATHI P.O KOMMERI CALICUT 673 007 WORKING AS U.P.S.A ,K.C.M.A.U.P SCHOOL, KACHILAT NELLIKKODE P.O, CALICUT 673 016 BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.JOSEPH GEORGE(MULLAKKARIYIL) SRI.ARUN KRISHNA DHAN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 01

2. DIRECTOR OF PUBLIC INSTRUCTION,JAGATHI P.O,THIRUVANANTHAPURAM 01

3. THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE RURAL,KOZHIKODE DIST PIN 673 001

4. THE DISTRICT EDUCATIONAL OFFICER,KOZHIKODE PIN 673 001

5. THE MANAGER K.C.M.A.U.P SCHOOL, KACHILAT, NELLIKKODE P.O CALICUT 673 016 R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1594 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 07-04-2014 IN RESPECT OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 27-09-2014 SENT BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ORDER NO KDS/F/1482/14 DATED 28-11-2014 PASSED BY THE 4TH RESPONDENT EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 24-06-2014 IN WPC NO 14971/2014 OF THIS HON'BLE COURT EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 03-07-2014 IN WPC NO 16236/2014 OF THIS HON'BLE COURT EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 09-12-2014 SUBMITTED BY PETITIONER TO DISTRICT EDUCATIONAL OFFICER,KOZHIKODE RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.1594 of 2015 ============================ Dated this the 16th day of January, 2015

JUDGMENT

Petitioner was appointed as Head Teacher in the 5th respondent-School as per Ext.P1 order dated 07.04.2014. Petitioner submits that she is the senior most and most eligible hand to be appointed as Head Teacher. However, by Ext.P3 order, third respondent has rejected the appointment of the petitioner as Head Teacher. Petitioner submits that she, having crossed the age of 50 years, is exempted from the requirement to pass departmental test under Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011. Petitioner relies on Exts.P4 and P5 judgments of this Court. Petitioner preferred Ext.P6 appeal before the 4th respondent, District Educational Officer.

2.

In the light of the fact that petitioner is due to retire on 31.03.2015, District Educational Officer shall consider Ext.P6 within a period of four weeks after adverting to the petitioner's age and also judgments referred in Exts.P4 and P5. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/16/01/15