High Court of KeralaWP(C)/3347/2015disposed of

Salma K. v. State Of Kerala

2015-02-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3347 of 2015 (P) --------------------------- PETITIONER(S):

------------- SALMA K.HIGH SCHOOL ASSISTANT, KARUNAYA NIKETHAN SCHOOL FOR THE DEAF, VILAYANCODE, KANNUR, KANNUR DISTRICT BY ADVS.SRI.SURESH KUMAR KODOTH SMT.HEMALATHA SRI.K.P.ANTONY BINU RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM 695001

2. DIRECTOR OF PUBLIC INSTRUCTIONS, PUBLIC INSTRUCTION DIRECTORATE, THIRUVANANTHAPURAM695001

3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR , KANNUR DISTRICT 670001

4. THE ASSITANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNUR DISTRICT 670003

5. THE MANAGER, KARUNYA NIKETHAN SCHOOL FOR THE DEAF, VILAYANKODE 670703. KANNUR DISTRICT R BY GOVERNMENT PLEADER SRI.VIJULAL (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3347 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- EXT.P1: TRUE COPY OF ORDER DATED 25.3.2002 ISSUED BY THE THIRD RESPONDENT EXT P2: TRUE COPY OF ORDER DATED 23.9.2002 ISSUED DEPUTY DIRECTOR OF EDUCATION KANNUR EXT.P3: TRUE COPY OF THE ORDER DATED 18.2.2003 ISSUED BY 2ND RESPONDENT EXT.P4: TRUE COPY OF APPOINTMENT ORDER APPOINTING PETITIONER WITH EFFECT FROM 3.7.2001 EXT.P5: TRUE COPY ORDER DATED 19.4.2003 OF THIRD RESPONDENT EXT.P-6: TRUE COPY OF ORDER DATED 18.10.2003 PASSED BY 1ST RESPONDENT EXT.P7: TRUE COPY OF JUDGMENT DATED 11.10.2005 IN WPC NO.27426/2005 EXT.P8: TRUE COPY OF REPRESENTATION DATED 11.10.2005 WITHOUT ANNEXURES EXT.P9: TRUE COPY OF THE ORDER DATED 18.3.2003 PASSED IN THE CASE OF SMT. SEENA THOMAS EXT.P10:TRUE COPY OF THE ORDER DATED 25.5.

2005 IN RELATION TO CLAIM MADE BY SMT AGHITHA RAJAN EXT.P11: TRUE COPY OF ORDER DATED 14.12.2005 PASSED BY 1ST RESPONDENT EXT.P12: TRUE COPY OF REPRESENTATION DATED 12.5.2012 BEFORE THE HON'BLE MINISTER FIOR EDUCATION EXT.P13:TRUE COPY POF ORDER DATED 22.1.2013, I THE CASE OF SMT. SUMA VARUTHUNNI.

RESPONDENT(S)' EXHIBITS ------------------------ : NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3347 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2015

JUDGMENT

The petitioner's request for relaxation of the qualification for approval of her appointment as Assistant Teacher in the Karunya Nikethan School for the Deaf in Kannur District has been declined by the Government as per Ext.P11 order dated 14/12/2005. It appears that the petitioner has approached the Government again vide Ext.P12. This is essentially by referring to Ext.P9. Petitioner submits that Ext.P9 order is passed on the basis that the similarly persons have been given relaxation. I am of the view that this cannot be treated as a direction to consider the application, nevertheless after adverting to the relevant facts, appropriate decision shall be taken on Ext.P12 by the first respondent within a period of four months from the date of receipt of a copy of this judgment., after affording an opportunity to the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.

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