P.B Rajalakshmi v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 16020 of 2015 (B) ---------------------------- PETITIONER(S):
-------------------------- P.B RAJALAKSHMI, AGED 49 YEARS, WIFE OF DR.H.RAVIKUMAR KAMMATH, HEADMISTRESS, T.D. TEACHERS TRAINING INSTITUTE, MATTANCHERRY, KOCHI - 682 002.
BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2.THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014.
3.THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD 682 030.
4.THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM 682 011.
5.THE MANAGER, T.D.CORPORATE EDUCATIONAL AGENCY, MATTANCHERRY, KOCHI - 682 002.
6.SRI.N.C.UNNIKRISHNAN, TSA (MALAYALAM) T. D. TEACHERS TRAINING INSTITUTE, MATTANCHERRY, COCHIN - 682 002 R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.16020/2015 APPENDIX PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.4.2014.
EXT.P2: COPY OF THE ORDER NO.B6/1957/14/K.DIS. DATED 29.10.2014 OF THE 4TH RESPONDENT.
EXT.P3: COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE 3RD RESPONDENT DATED 12.11.2014.
EXT.P4: COPY OF THE ORDER NO.B2/5773/15/K.DIS. DATED 12.5.2015 OF THE DEPUTY DIRECTOR.
EXT.P5: COPY OF THE G.O.(RT.) NO.254/2014/G.EDN. DATED 17.1.2014 OF THE GOVERNMENT.
EXT.P6: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 28.5.2015, WITHOUT EXHIBITS.
EXT.P7: COPY OF THE NORMS AND STANDARDS FOR DIPLOMA IN ELEMENTARY TEACHER EDUCATION PROGRAMME.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
------------------------------- W.P.(C).NO.16020 OF 2015 (B) ----------------------------------- Dated this the 29th day of May, 2015
J U D G M E N T
The petitioner, who had commenced service in T.D. High School, Mattancherry, as HSA (Maths) from 1989, was promoted as Headmistress with effect from 1.4.2014. When her appointment as Headmistress was sent for approval before the educational authorities, the approval was denied on the ground that the petitioner did not possess any of the qualifications as prescribed by the National Council for Teacher Education [NCTE]. Aggrieved by the order of the educational authorities, the 5th respondent Manager preferred an appeal before the 3rd respondent, who rejected the appeal. Against the said order of the 3rd respondent, the petitioner has approached the Government through Ext.P6 revision petition which is stated to be pending. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P6 revision and for a direction to the respondents to permit the petitioner to continue as Headmistress in the School till such time as orders are passed by the 1st respondent on Ext.P6 revision.
W.P.(C).No.16020/2015
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 revision, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. I make it clear that till such time as orders are passed by the 1st respondent, as directed above, and communicated to the petitioner, the petitioner shall be permitted to continue as Headmistress in the School. A.K.JAYASANKARAN NAMBIAR JUDGE prp