V.P. Hussan Kutty Haji v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H WP(C).NO. 26057 OF 2015 (F) ---------------------------- PETITIONER(S):
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1. V.P. HUSSAN KUTTY HAJI, SON OF MOINKUTTY HAJI, AGED 58 YEARS MANAGER, UMALP SCHOOL, PALANKARA P.O.PALANKARA-679 330, NILAMBUR, MALAPPURAM DISTRICT
2. V.K.KATHARINE HEADMISTRESS,UMALP SCHOOL, PALANKARA P.O.PALANKARA-679 330, NILAMBUR, MALAPPURAM DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):
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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014
3. THE DISTRICT EDUCATIONAL OFFICER WANDOOR, MALAPPURAM DISTRICT-679328
4. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT-676 332
5. SMT.P.V.USHA LOWER PRIMARY SCHOOL ASSISTANT UMALP SCHOOL, P.O.PALAKARA NILAMBUR-679 330, MALAPPURAM DISTRICT BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 26057 OF 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION DATED 21.08.2012 P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 10.05.2013 AND APPROVAL THEREON P3: TRUE COPY OF THE ORDER NO.G2/43045/15/DPI/K.DIS.DATED 22.07.2015 OF THE 2ND RESPONDENT P4: TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT BY THE MANAGER DATED 12.08.2015, WITHOUT ANNEXURE P5: TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P4 REVISION PETITION DATED 12.08.2015 EXT.P6:TRUE COPY OF THE G.O.(MS)NO.92/2014/G.EDN.DATED 2.6.2014 OF THE GOVERNMENT EXT.P7: TRUE COPY OF THE ORDER NO.47021/J1/14/G.EDN.DATED 29.05.2015 DATED 29.05.2015 OF THE GOVERNMENT RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. ............................................................. Dated this the 21st day of August, 2015
J U D G M E N T
The 1st petitioner is the Manager and the 2nd petitioner a person who was appointed as Headmistress of the UMA L.P School, Palankara. In the writ petition, the petitioners are aggrieved by the order of the 2nd respondent cancelling the approval granted to the appointment of the 2nd petitioner as Headmistress of the School. It is stated that against the order of the 2nd respondent, the 1st petitioner has filed Ext.P4 revision petition and Ext.P5 stay petition before the 1st respondent and the limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P4 revision petition expeditiously after hearing the petitioners.
2. I have heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
3. 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.P4 revision petition preferred by the 1st petitioner within a period of two months from the date of receipt of a copy of
this judgment after hearing the petitioners. I make it clear that, till such time as orders are passed by the 1st respondent as directed, and communicated to the petitioners, the 2nd petitioner shall be permitted to continue as Headmistress of the School taking note of the approval granted to the appointment by Ext.P2 order. The petitioners 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 mns