High Court of KeralaWP(C)/21144/2015disposed of

Jubair.K v. State Of Kerala

2015-07-14Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 WP(C).No. 21144 of 2015 (P) ---------------------------- PETITIONER(S):

-------------------------- 1.JUBAIR.K, AGED 46 YEARS, S/O.MOHAMMEDALI.K.

HSA (MATHS) HIDAYATHUL MUSLIM YATHEEMKHANA HIGHER SECONDARY SCHOOL, MANJERI, RESIDING AT "KHAIMA"

UGRAPURAM P.O., AREACODE MALAPPURAM DIST. - 673 639.

BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENT(S):

----------------------------

1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2.THE DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM - 695 001.

3.THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION REGIONAL DEPUTY DIRECTORATE OF HIGHER SECONDARY EDUCATION, B2 BLOCK, CIVIL STATION, MALAPPURAM - 676 505. 4.THE MANAGER HIDAYATHUL MUSLIM YATHEEMKHANA HIGHER SECONDARY SCHOOL, MANJERI P.O., MALAPPURAM DIST. 676 122.

5.AYISHA SONI.P.K.

HSST (COMPUTER SCIENCE) HIDAYATHUL MUSLIM YATHEEMKHANA, HIGHER SECONDARY SCHOOL, MANJERI P.O.

MALAPPURAM DISTRICT - 676 122 R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO.21144/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: COPY OF THE ORDER OF 3RD RESPONDENT DATED 22.02.2013. EXT.P2: COPY OF THE ORDER OF 3RD RESPONDENT DATED 5.2.2015. EXT.P3: COPY OF THE JUDGMENT DATED 19.6.2003 IN O.P.28791/2002. EXT.P4: COPY OF THE REVISION DATED 12.2.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXT.P5: COPY OF THE JUDGMENT DATED 20.2.2015 IN W.P.(C).NO.5436/2015. EXT.P6: COPY OF THE ORDER DATED 29.5.2015 IN R.P.384/2015 IN W.P.(C). NO.5436/2015.

EXT.P7: COPY OF THE ORDER PASSED BY 3RD RESPONDENT DATED 5.2.2015. EXT.P8: COPY OF THE REVISION DATED 26.6.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.21144 OF 2015 (P) ----------------------------------- Dated this the 14th day of July, 2015

J U D G M E N T

The petitioner, who is now working as an HSA, seeks appointment as an HSST under the by transfer quota. While the request of the petitioner was not considered by the 3rd respondent, and orders were passed rejecting his claim, the 5th respondent has been appointed as HSST under the direct recruitment quota, and the said appointment has also been approved by the respondents. It would appear that the petitioner has filed a revision petition (Ext.P4) challenging the denial of appointment to him as HSST under the by transfer quota and a separate revision petition (Ext.P8) against the order approving the appointment of the 5th respondent. In the writ petition, the limited prayer of the petitioner is for a direction to the 1st respondent to consider Ext.P8 revision petition along with Ext.P4 revision petition and pass orders on the same, after hearing the petitioner and the 5th respondent.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

W.P.(C).No.21144/2015 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 Exts.P4 and P8 revision petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner, 5th respondent and the 4th respondent Manager of the School. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent, for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE prp