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2025 DAILYLAW 4887 (KER)

VINCY M v. THE STATE OF KERALA

WP(C)/11274/2025 · 2025-03-24

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:24999 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11274 OF 2025 PETITIONER: VINCY M AGED 39 YEARS, W/O HIJESH K S HSST JR. ECONOMICS, KKMHSS, VANDITHAVALAM, PALAKKAD (RESIDING AT KALATHIL HOUSE , KAITHARAVU, VANDITHAVALAM P.O, PALAKKAD), PIN – 678534. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.11274 of 2025 :2: 2025:KER:24999 2 THE DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY EDUCATION, NEW BUILDING, ULOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, CIVIL STATION RD, UP HILL, MALAPPURAM DISTRICT, PIN – 676505. 4 THE MANAGER, KKMHSS, VANDITHAVALAM, PALAKKAD, PIN – 678534. 5 THE HEADMASTER, KKMHSS, VANDITHAVALAM, PALAKKAD, PIN – 678534. BY ADV.SRI. V. VENUGOPAL, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.11274 of 2025 :3: 2025:KER:24999 J U D G M E N T Dated this the 24th day of March, 2025 The petitioner states that as against the vacancy of HSST (Junior) Economics which could be filled up by direct recruitment as per the Rules, Selection Committee was convened, including Government nominee. Among the candidates appeared, the petitioner fared well and she was selected. 2. The petitioner was served with appointment order dated 16.12.2024 as HSST (Junior) Economics. Pursuant to the appointment of the petitioner, proposals along with the required documents were made over to the 3rd respondent by the Manager for approval to the appointment of the petitioner covered by Ext.P4. But, it is declined on trivial reason. The 3rd W.P.(C)No.11274 of 2025 :4: 2025:KER:24999 respondent could have kept the proposal in the office and called for remarks in fairness. 3. The petitioner states that necessary roster details regarding the appointments of Differently Abled hands were available and requisition was made by the Manager to the officers concerned. In view of these, approval to the appointment of the petitioner could be granted in line with Ext.P10 judgment of Hon'ble Apex Court. 4. In the circumstances, assailing Ext.P7 and seeking approval to Ext.P4 appointment which was made in compliance with statutory provision, revision petition dated 27.02.2025 is moved before the Government. It is pending. The petitioner was appointed in compliance with the statutory provisions contained in Chapter XXXII, KER. Hence, in any view of the matter, the appointment of the petitioner is liable to be approved, contends the petitioner. W.P.(C)No.11274 of 2025 :5: 2025:KER:24999 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 6. From the pleadings, I find that the petitioner has moved Ext.P11 revision petition before the Government invoking the provisions of the KER. In view of Ext.P10 judgment of the Hon’ble Apex Court, the 1st respondent can very well consider Ext.P11 and take a decision expeditiously. The writ petition is accordingly disposed of directing the 1st respondent to consider and pass orders on Ext.P11 in the light of Ext.P10 judgment of the Hon’ble Apex Court, within a period of four months, after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.11274 of 2025 :6: 2025:KER:24999 APPENDIX OF WP(C) 11274/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE JUDGMENT IN WPC NO. 18461/2024 DATED 23.05.2024 Exhibit P-2 TRUE COPY OF THE G.O(RT) NO. 8137/2024/G.EDN DATED 18.11.2024 Exhibit P-3 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 13.12.2024 Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER DATED 16.12.2024 Exhibit P-5 TRUE COPY OF THE JOINING REPORT DATED 16.12.2024 Exhibit P-6 TRUE COPY OF THE TIME TABLE (WORKLOAD) IN RESPECT OF THE PETITIONER DATED 16.12.2024 Exhibit P-7 TRUE COPY OF THE LETTER NO. RDDHSE/MLPM/6813/2024-F DATED 25.02.2025 Exhibit P-8 TRUE COPY OF THE REQUISITION 05.03.2025 Exhibit P-9 TRUE COPY OF THE ACKNOWLEDGEMENT 11.03.2025 Exhibit P-10 TRUE COPY OF THE APEX COURT JUDGMENT IN SLP(C) NO.11373/2024 DATED 04.03.2025 Exhibit P-11 TRUE COPY OF THE PETITION SO SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 27.02.2025