W.P.(C) Nos.12276/2019 (H) and 18317/2019 (L), Kerala High Court

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. ASHA
Judgment Date: 2019-09-02
Court Decision / Holding: The petitions are disposed of directing the 1st respondent to consider and pass orders on Revision Petitions Exts.P10 and P12 after affording an opportunity of hearing to petitioners in both cases and the Manager, within a period of two months from the date of receipt of this judgment.
Final Disposition: These writ petitions are disposed of directing the 1st respondent to consider and pass orders on the Revision Petitions Exts.P10 and P12 after affording an opportunity of hearing to petitioners in both these cases and the Manager, within a period of two months from the date of receipt of this judgment.

Parties to the Case

Appellants / Petitioners

A. Chandrasekhar
Sreeja R.

Respondents

State of Kerala
Director of Higher Secondary Education
Regional Deputy Director of Higher Secondary Education, Malappuram
Manager, Sree Krishna Higher Secondary School, Nalleppilly
Smt. R. Sreeja
A. Chandrasekhar

Legal Representation & Advocates

Counsels for Petitioners

• M. Sajjad
• P. A. Jenzia

Counsels for Respondents

• M. R. Anison
• V. Bhargavi (Panangad)
• P. A. Rinusa
• Jestin Mathew
• A. Meenakshi

Case Synopsis & Summary

Two writ petitions filed by A. Chandrasekhar (WP(C) No.12276/2019) and Sreeja R. (WP(C) No.18317/2019) challenge appointments for the post of Principal of Sree Krishna Higher Secondary School, Nalleppilly, Palakkad. Both petitioners were appointed as Higher Secondary School Teachers (HSSTs) by transfer, differing only in the date of appointment as H.S. or principal. The petitions were heard together. Counsel for the 18317 petitioner relied on Ramesan and Others v. Manoj Kumar K. and Others (2019) 3 KHC 942, contending that the decision in that case supports her claims. The 12276 petitioner’s counsel referred to a Supreme Court judgment (unnamed in the document). The court did not adjudicate the equities on merits within this order; instead, it disposed of the petitions by directing the State (1st respondent) to consider and pass orders on Revision Petitions Exts. P10 and P12 after affording hearing to both petitioners and the Manager, within two months from the date of the judgment. Exhibits comprise various government orders, revision petitions, and prior judgments, illustrating the administrative and academic dispute surrounding appointment and promotion within the school.

Provisions of Law Cited

Right to Information Act (RTI)

Submissions & Arguments

Contentions of Appellants / Petitioners

In WP(C) No.18317/2019, counsel relied on Ramesan and Others v. Manoj Kumar K. and Others (2019 (3) KHC 942) to support the petitioner's claim. In WP(C) No.12276/2019, counsel relied on a Supreme Court judgment (unnamed in the document) to back the challenge. The petitions were ultimately disposed of by redirecting the State to decide the Revision Petitions Exts.P10 and P12 after hearing both petitioners and the Manager, within two months.

Contentions of Respondents

The judgment does not spell out detailed submissions by the respondents. The order reflects a procedural disposition directing consideration of the revision petitions within two months after hearing the petitioners and the Manager.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Ramesan and Others v. Manoj Kumar K. and Others	2019 (3) KHC 942	Positive	Cited by counsel to support the petitioner’s claim; treated as supportive precedent.
W.P.(C). No.17781/2018	17781/2018	Mentioned Only	Exhibit P3 contains the judgment, cited for context but not discussed in detail in the judgment.
W.P.(C). No.38967/2018	38967/2018	Mentioned Only	Exhibit P5 contains the judgment, cited for context but not elaborated in the judgment.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.12276 OF 2019(H)** ## **PETITIONER:** **A.CHANDRASEKHAR, AGED 45 YEARS, SON OF ARJUNAN, PRINCIPAL - IN -CHARGE, SREE KRISHNA HIGHER SECONDARY SCHOOL, NALLEPILLY, PALAKKAD DISTRICT - 678 553.** **BY ADVS. SRI.M.SAJJAD SMT.P.A.JENZIA** ## **RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR HIGHER SECONDRY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM - 695 001. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, B-2 BLOCK, CIVIL STATION, MALAPPURAM - 676 505.** **4 THE MANAGER, SREE KRISHNA HIGHER SECONDARY SCHOOL, NALLEPILLY, PALAKKAD DISTRICT - 678 533. 5 SMT.R.SREEJA, HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY), SREE KRISHNA HIGHER SECONDARY SCHOOL, NALLEPILLY, PALAKKAD DISTRICT - 678 553. BY ADVS. SRI.M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA SRI.JESTIN MATHEW, GOVERNMENT PLEADER** **WP(C).Nos.12276 & 18317 OF 2019** **2** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.09.2019, ALONG WITH WP(C).18317/2019(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.12276 & 18317 OF 2019** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** **WP(C).No.18317 OF 2019(L)** ## **PETITIONER:** **SREEJA.R, AGED 42 YEARS, HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY), SREEKRISHNA H.S.S, NALLEPPILLY, P.O, PALAKKAD - 678 553.** **BY ADVS. SRI.M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA SMT.A.MEENAKSHI** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.** **3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, B-2 BLOCK, CIVIL STATION, MALAPPURAM - 676 505. 4 THE MANAGER, SREEKRISHNA H.S.S, NALLEPPILLY, NALLEPPILLY P.O, PALAKKAD - 678 553.** **WP(C).Nos.12276 & 18317 OF 2019** **4** **5** **A. CHANDRASEKHAR, HIGHER SECONDARY SCHOOL TEACHER(ENGLISH), SREEKRISHNA H.S.S, NALLEPPILLY, NALLEPPILLY P.O, PALAKKAD - 678 553.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.09.2019, ALONG WITH WP(C).12276/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.12276 & 18317 OF 2019** **5** ## **JUDGMENT** **The petitioner in both these writ petitions are claimants for the post of Principal of a Higher Secondary School. Both of them were appointed as HSSTs on the very same by transfer. But the date of appointment as HSA is different.** **2. The learned counsel for the petitioner in W.P.(C) No.18317/2019 points out that the judgment of this Court in** _**Ramesan and Others v. Manoj Kumar K. and Others**_ **[2019 (3) KHC 942], supports her claim. However the learned counsel for the petitioner in the other case relies on a Supreme Court judgment. Sri. A.Chandrasekhar, petitioner in W.P.(C) No.12276/2019, has approached the Government with Exts.P10 and P12 Revision Petitions against the order passed against him by the respondents 2 and 3.** **Therefore these writ petitions are disposed of directing the 1[st] respondent to consider and pass orders on the Revision Petitions** **WP(C).Nos.12276 & 18317 OF 2019** **6** **Exts.P10 and P12 (produced in W.P.(C) No.12276/2019 filed by Sri.Chandrasekhar) after affording an opportunity of hearing to petitioners in both these cases and the Manager, within a period of two months from the date of receipt of a copy of this judgment.** **Sd/P.V.ASHA JUDGE** ww **WP(C).Nos.12276 & 18317 OF 2019** **7** ## **APPENDIX OF WP(C) 12276/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ORDER NO.B4/20407/RDD/ HSE/2011 DATED 25.07.2012 OF THE RDD, ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE ORDER NO.B4/20401/RDD/HSE/ EKM/2011 DATED 28.06.2012 OF THE RDD, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.17781/2018 DATED 16.10.2018. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.210/T2/ 2018/G.EDN. DATED 12-09-2018 OF THE GOVERNMENT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.38967/2018 DATED 21.12.2018. EXHIBIT P6 TRUE COPY OF THE ORDER NO.ACD.A2/64353/2017 /HSE DATED 14.03.2019. EXHIBIT P7 TRUE COPY OF THE ORDER OF THE UNIVERSITY OF KERALA DATED 22.05.2012. EXHIBIT P8 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 23.05.2012. EXHIBIT P9 TRUE COPY OF THE INFORMATION FURNISHED UNDER RTI ACT DATED 05.03.2018. EXHIBIT P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 15.04.2019 (WITHOUT ANNEXURES). EXHIBIT P11 TRUE COPY OF THE ORDER NO.J/7119/2018/RDD/ HSE/MLPM/K.DIS. DATED 27.05.2019 OF THE RDD, MALAPPURAM. EXHIBIT P12 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.06.2019 (WITHOUT ANNEXURES).** **WP(C).Nos.12276 & 18317 OF 2019** **8** ## **APPENDIX OF WP(C) 18317/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE MANAGER DATED 18.05.2018. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 14.03.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 30.04.2019. EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY THE MANAGER DATED 06.05.2019. EXHIBIT P5 TRUE COPY OF PETITIONER'S PG CERTIFICATE DATED 18.03.2010. EXHIBIT P6 TRUE COPY OF ELIGIBILITY CERTIFICATE ISSUED BY KERALA UNIVERSITY DATED 23.05.2012. EXHIBIT P7 TRUE COPY OF G.O.(MS) NO.526/G.EDN. DATED 17.07.1965. EXHIBIT P8 TRUE COPY OF G.O.(MS) NO.272/2018/H.EDN DATED 13.11.2018. EXHIBIT P9 TRUE COPY OF THE LIST OF STATE UNIVERSITIES IN ANDHRA PRADESH. EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF LIST OF UNIVERSITIES RECOGNISING BY THE UGC.**