High Court of KeralaWP(C)/31205/2015dismissed

The Manager, Kadambur North Up School v. The Assistant Educational Officer

2015-10-28Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 31205 of 2015 (A) ---------------------------- PETITIONER(S):

---------------------- THE MANAGER, KADAMBUR NORTH UP SCHOOL P.O.EDAKKAD, KANNUR DIST.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S):

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

1. THE ASSISTANT EDUCATIONAL OFFICER A.E.O. OFFICER (SOUTH), CHAKKARAKKAL, KANNUR - 670 611.

2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM 695 033. R BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31205 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF NO DEATH CERTIFICATE EXT.P2TRUE COPY OF REGISTERED WILL DATED 31.8.2007 EXT.P3TRUE COPY OF MEMO FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, TELLICHERRY DATED 28.2.2014 IN EP 172 IN OS NO.84/2002 EXT.P4TRUE OCPY OF PROCEEDINGS NO.DIS.C/2791/2014 DATED 15.7.2014 OF THE 1ST RESPONDENT EXT.P5TRUE COPY OF LETTER OF THE PETITONER DATED 22.8.15 RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- // TRUE COPY // P.A TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.31205 of 2015 - A ====================== Dated this the 28th day of October, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that the application at Ext.P4 for consideration of the approval of appointment of a teacher has not been considered.

2. The learned Government Pleader on instructions submits that the petitioner's appointment as Manager has not yet been sanctioned by the Department. The petitioner points out Ext.P2 will executed by the former Manager, the husband of the petitioner and the conclusion of the civil proceedings with respect to a dispute as to the boundary of the property at Ext.P3. However the application for approval of the Managership of the petitioner has not been produced. Evidently only after the petitioner has been approved as a Manager, the petitioner could appoint a person to the vacancy arising in the School and in such

W.P.(C) No.31205 of 2015 - A circumstance Ext.P5 cannot be directed to be considered at this point of time.

The writ petition hence would stand dismissed, leaving open the contentions of the petitioner and the remedy to approach the appropriate authorities to consider the approval of the Managership, at the first instance. No costs. Sd/- K. VINOD CHANDRAN, JUDGE SB/ 28/ 10 /2015 // true copy // P.A To Judge.