2025:KER:30251 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14670 OF 2025 PETITIONER: SREEPRIYA S. AGED 30 YEARS W/O. PRAVEEN P, MANGALASSERIL VISAKH, KADUVINAL PO, VALLIKKUNNAM, ALAPPUZHA FROM GOPALAKRISHNA BHAVAN, PUNTHALA PO, VENMONY [UPPER PRIMARY SCHOOL TEACHER, R.R. UPPER PRIMARY SCHOOL, ULLANNOOR -, PIN - 690501 BY ADVS. S.SUBHASH CHAND BHADRA S.M. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695001 3 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PIN - 689101 2025:KER:30251 WP(C) No.14670 of 2025 2 4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ARANMULA, PIN - 689532 5 THE MANAGER (DEFACTO-UNAPPROVED), R.R. UPPER PRIMARY SCHOOL, ULLANNOOR PIN – 689503 BY ADV. SRI. V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30251 WP(C) No.14670 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 The petitioner submits that she was appointed as an Upper Primary School Teacher as per Ext.P1 appointment order with effect from 21.07.2023. By Ext.P2 order, 4th respondent has rejected the appointment of the petitioner on the ground that the same was made by the 5th respondent, who was an unapproved defacto manager. Since the death of his father in the year 2003, the 5th respondent had been functioning as the Manager of the School and he had made several appointments in the School in his capacity as the Manager of the School and the same were approved. 2. According to the 4th respondent, he did not produce any approval order that he was approved by the office of 4th respondent. But, the Departmental / Educational Authorities had always treated him as the Manager of the School ever since he had started functioning as the Manager 2025:KER:30251 WP(C) No.14670 of 2025 4 of the School. An appeal filed against Ext.P2 order was rejected by the 3rd respondent on the same ground that the petitioner was appointed by an unapproved Manager. 3. The petitioner submitted that it is illegal to reject an appointment made by a Manager on the ground that he was unapproved. Any defect or dispute in the management of the School should not affect the appointments made by him. The law has been made clear in Exts.P4 to P8 orders, circular and rulings of this Court including Ext.P9 judgment. Therefore, the petitioner has approached the 1st respondent and submitted Ext.P10 statutory Revision Petition challenging Exts.P2 and P3 orders. The petitioner prays that this Court may direct the 1st respondent to consider and pass final orders on Ext.P10 statutory Revision Petition with notice and opportunity of hearing to the petitioner and the 5th respondent within such time as this Court may deem fit and proper in the interest of justice. 2025:KER:30251 WP(C) No.14670 of 2025 5 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 5. The petitioner is challenging Exts.P2 and P3 orders passed by respondents 4 and 3. Aggrieved by those orders, the petitioner has preferred Ext.P10 Revision Petition invoking Rule 92 of the KER. Ext.P10 being a statutory Revision Petition, it would be only appropriate that the 1st respondent considers the same and passes appropriate orders adverting to Exts.P4 to P9 also. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P10 Revision Petition and pass appropriate orders thereon within a period of four months, adverting to Exts.P4 to P9 also and after granting opportunity of hearing to the petitioner. Sd/- N.NAGARESH JUDGE spk 2025:KER:30251 WP(C) No.14670 of 2025 6 APPENDIX OF WP(C) 14670/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 21/7/2023 THUS ISSUED BY THE MANAGER IN FORM NO. 27 Exhibit P2 A TRUE COPY OF THE ORDER BEARING NO. B/52908/2023 DATED 21/12/2024 PASSED BY RESPONDENT NO. 4 Exhibit P3 A TRUE COPY OF THE ORDER BEARING NO. B2/808792/2025 DATED 13/3/2025 THUS PASSED BY RESPONDENT NO. 3 Exhibit P4 A TRUE COPY OF THE OF THE RULING OF THIS HON’BLE COURT REPORTED AS PADNABHAN NAMBIAR VS. GOVERNMENT OF KERALA [1997 KHC 444] Exhibit P5 A TRUE COPY OF THE OF THE RULING OF THIS HON’BLE COURT REPORTED AS THE MANAGER, ST. MARY’S HS VS. BEJI ABRAHAM [2002 KHC 88] Exhibit P6 A TRUE COPY OF THE LETTER NO. G1/9657/87/DPI. DATED 18/11/1987 OF RESPONDENT NO.2 (FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTION) Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO. 956/06/G.EDN. DATED 2/3/2006 Exhibit P8 A TRUE COPY OF THE GOVERNMENT CIRCULAR BEARING NO.40213402/J2/12/G.EDN. DATED 10/4/2012 ISSUED BY RESPONDENT NO. 1 Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 4/12/2024 IN W.P.(C). NO.36147 OF 2024 2025:KER:30251 WP(C) No.14670 of 2025 7 Exhibit P10 A TRUE COPY OF THE STATUTORY REVISION PETITION DATED 24/3/2025 SUBMITTED BEFORE RESPONDENT NO. 1 SEEKING APPROVAL OF EXT. P1 APPOINTMENT AS UPPER PRIMARY SCHOOL TEACHER WITH EFFECT FROM 21/7/2023