Kerala High Court

WP(C)/30869/2021 of MAKESH KUNNATH, Vs STATE OF KERALA on 31 December 2021

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30869 OF 2021 PETITIONER: MAKESH KUNNATH, AGED 31 YEARS S/O.SANKARAN K., LOWER PRIMARY SCHOOL TEACHER, GUJARATHI S.B. SCHOOL, VATAKARA,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

WP(C) NO. 30869 OF 2021

PETITIONER:

MAKESH KUNNATH,AGED 31 YEARSS/O.SANKARAN K., LOWER PRIMARY SCHOOL TEACHER, GUJARATHI S.B. SCHOOL, VATAKARA, KOZHIKODE 673 103, RESIDING AT KUNNATH HOUSE, MANIYOOR P.O., PAYYOLI VIA, KOZHIKODE, VATAKARA 673 523.

BY ADVS.KALEESWARAM RAJVARUN C.VIJAY

RESPONDENTS:

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

2DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.

3DISTRICT EDUCATIONAL OFFICER,MINI CIVIL STATION, VADAKARA, KOZHIKODE 673 101.MINI CIVIL STATION, VADAKARA, KOZHIKODE 673 101.

4ASSISTANT EDUCATIONAL OFFICER,VADAKARA, CALICUT 673 101.VADAKARA, CALICUT 673 101.

5MANAGER,GUJARATHI SENIOR BASIC SCHOOL, VADAKARA 3, KOZHIKODE 673 103.GUJARATHI SENIOR BASIC SCHOOL, VADAKARA 3, KOZHIKODE 673 103.

6PRINCIPAL, GUJARATHI SENIOR BASIC SCHOOL, VADAKARA 3, KOZHIKODE 673 103.GUJARATHI SENIOR BASIC SCHOOL, VADAKARA 3, KOZHIKODE 673 103.

BY ADV.

SRI.APPU P.S. - GOVERNMENT PLEADER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 31.12.2021, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner was appointed as Lower Primary School Teacher at Gujarathi Senior Basic School, Kozhikode witheffect from 06.06.2019 by Ext.P1 order. The proposal forapproval of appointment of the petitioner was rejected by therespondents 2, 3 and 4 by Exts.P3, P5 and P7. Against Exts.P3,P5 and P7 the petitioner has filed Ext.P8 revision petitionbefore the 1[st] respondent. The prayer of the petitioner is toconsider Ext.P8 and pass orders thereon within a time limit.

2. Heard the learned counsel for the petitioner and thelearned Government Pleader for the respondents. In the natureof the direction I propose to pass, notice to R5 and R6 isdispensed with.

3. In the facts and circumstances of the case and thenature of the reliefs prayed for by the petitioner, there will be adirection to consider Ext.P8 revision petition filed by the petitioner with notice to the petitioner and the Manager, the 5[th]respondent and pass final orders thereon within a period of fourmonths from the date of receipt of a copy of this judgment.

This writ petition is disposed of with the above direction.

SCS

Sd/-MURALI PURUSHOTHAMANJUDGE

WP(C) NO. 30869 OF 2021

APPENDIX OF WP(C) 30869/2021

PETITIONER EXHIBITS

Exhibit P1

TRUE COPY OF APPOINTMENT ORDER DATED 06.06.2019 ISSUED BY THE 5TH RESPONDENT.06.06.2019 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2TRUE COPY OF THE ORDER BEARING NO. D.D.B/47738/2019 DATED 18.07.2019.B/47738/2019 DATED 18.07.2019.

Exhibit P3TRUE COPY OF THE ORDER BEARING NO. K.D.S.B. 6023/2019 DATED 29.11.2019 K.D.S.B. 6023/2019 DATED 29.11.2019

ISSUED BY THE 4TH RESPONDENT.

Exhibit P4

TRUE COPY OF THE APPEAL DATED 12.12.2019 FILED BEFORE THE 3RD RESPONDENT.12.12.2019 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P5

TRUE COPY OF THE ORDER BEARING NO. B5/190128/2019 DATED 05.10.2020.B5/190128/2019 DATED 05.10.2020.

Exhibit P6

TRUE COPY OF THE APPEAL FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 21.01.2020.5TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 21.01.2020.

Exhibit P7

TRUE COPY OF THE ORDER NO. G2/234046/2021 DATED 21.10.2021.G2/234046/2021 DATED 21.10.2021.

Exhibit P8

TRUE COPY OF THE REVISION PETITION DATED 09.12.2021 BEFORE THE IST DATED 09.12.2021 BEFORE THE IST

RESPONDENT SEEKING APPROVAL OF HIS APPOINTMENT.APPOINTMENT.

Exhibit P9

TRUE COPY OF THE K-TET CERTIFICATE OF THE PETITIONER.THE PETITIONER.

Exhibit P10

TRUE COPY OF THE G.O. (MS) NO. 33/19/G.ED DATED 08.03.2019.33/19/G.ED DATED 08.03.2019.

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