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2022 Supreme(Ker) 777

RAJA VIJAYARAGHAVAN V.
Jollyamma V. Thomas W/o. Baji Mathew – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Paulson Thomas.
For the Respondents: Smt. Mary Beena Joseph, Sr. Government Pleader.

JUDGMENT :

1. The petitioner is employed as an HSST (Hindi) at St. Sebastian HSS, Koodaranji, an Aided School governed by the provisions of the Kerala Education Act and the Rules framed thereunder and managed by the 4th respondent, Corporate Educational Agency. The grievance projected by the petitioner in this writ petition concerns the 3rd respondent's refusal to grant approval of her appointment with effect from 01.06.2016 onwards. Her request for approval has been rejected by Exhibit P6 order, the relevant portion of which reads as under

2. Exhibit P6 order reveals that the concerned Secretary has rejected the proposal holding that the selection was carried out without constituting a Selection Board consisting of a Government Nominee, and therefore the same is against the extant Rules and orders.

3. Prior to discussing the bare facts, it must be stated that the reasons stated in Exhibit P6 for rejecting the proposal are clearly against the Rules, the Government orders regarding the modalities of appointment by transfer appointees, and against the binding precedents, including Exhibit P8, which is a judgment rendered by a Division Bench of this Court. This Court, while sitting in

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