High Court of KeralaWP(C)/18447/2015disposed of

M.R.Mini v. The State Of Kerala

2015-06-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 18447 of 2015 (E) ---------------------------------------- PETITIONER(S):

-------------------------- M.R.MINI AGED 49 YEARS, W/O. K.N. SATISH, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE) MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA KOTTAYAM DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI.S.RANJIT (KOTTAYAM) 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, KOTTAYAM DISTRICT - 686 001 4.

THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPILLY, KOTTAYAM DISTRICT- 686 507 5.

THE MANAGER, MUSLIM HIGHER SECONDARY SCHOOL KANGAZHA, KOTTAYAM DISTRICT - 686 541 6.

SMT. A.V. HASEENA BEEGAM, HEADMISTRESS (NOT APPROVED) MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA KOTTAYAM DISTRICT 686 541 R BY GOVERNMENT PLEADER, SMT. LOUSY A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18447 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- ---------------------------------------- EXHIBIT P1 TRUE COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE MANAGER DATED 02.03.2015.

EXHIBIT P2 TRUE COPY OF THE FORWARDING LETTER OF THE HEADMISTRESS DATED 02.03.2015.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 03.06.2005.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 18447 of 2015 ===================================================== Dated this the 19th day of June, 2015

JUDGMENT

The petitioner, who is working as HSA (Social Science) in the school under the management of the 5th respondent, is aggrieved by the action of the respondent Manager, in appointing the 6th respondent as the Head Mistress, overlooking the claim of the petitioner for appointment to the same post. In the writ petition, what is sought for, is a direction to the 4th respondent, before whom the issue of approval to the appointment of the 6th respondent is pending consideration, to consider the objections of the petitioner in Ext.P3 representation, prior to taking a decision with regard to the approval to the appointment of the 6th respondent. 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 and the submissions made across the bar, I dispose the writ petition with a direction to the 4th respondent to consider and pass orders on Ext.P3 representation, while taking a decision in the matter of approval to the appointment of 6th respondent as Head Mistress of the School under the management of the 5th

-2W.P.(C). No. 18447 of 2015 respondent, within a period of two months from the date of receipt of a copy of this judgment. The 4th respondent shall hear the petitioner as well as the 5th and 6th respondents before passing orders as directed in this judgment. The petitioner shall produce a copy of this writ petition together with a copy of this judgment before the 4th respondent for further action. sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das