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2019 Supreme(Online)(KER) 50064
HIGH COURT OF KERALA
P.V.ASHA, J
SR JOSILIA – Appellant
Versus
THE ASSISTANT EDUCATIONAL OFFICER – Respondent
WRIT PETITION (CIVIL) 6715/2019
The decision highlights the importance of timely administrative action on appeals filed by parties entitled to relief.
Headnote:
Approval - School Appointments - None
Fact of the Case:
The petitioner, a school manager, challenged the rejection of appointment approvals by filing a writ petition, claiming inaction after submitting a revision petition to the DPI and later to the Government.
Issues: Whether the inaction on the revision petition warranted intervention by the court to compel a decision.
Ratio Decidendi: The court emphasized the right to a timely decision on administrative appeals as a crucial element in governance, mandating action within a specific timeframe.
Final Decision: The writ petition is disposed of directing timely consideration of the revision petition with a hearing.
JUDGMENT
The petitioner, who is the Manager of an aided school, has filed this Writ Petiiton aggrieved by the denial of approval to the appointments made in the school as per Exts.P4 to P10 orders. Even though Ext.P11 revision petition was filed before the DPI as early as on 25.5.2018, the petitioner submits that no action is taken so far. Therefore, the petitioner has filed Ext.P12 revision petion before the Government on 31.01.2019.
As the petitioner has invoked the statutory remedy by filing Ext.P12 revision petition before the Government, the Writ Petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P12 revision petition, after affording an opportunity of hearing to the petiitoner, within a period of three months from the date of receipt of a copy of this judgment. The 1st respondent shall take note of Ext.P13 also.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.69/2015/G.EDN.
DATED 16/03/2015 OF THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.75/2018/G.EDN.
DATED 04/01/2018 OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.ANNAMMA T.V. DATED 01/06/2015.
EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SHEEJA MATHEW DATED 01/06/2015.
EXHIBIT P3 B TRUE COPY OF THE APPOINTMENT ORDER OF SMT.SHERENA GEORGE DATED 01/06/2015.
EXHIBIT P3 C TRUE COPY OF THE APPOINTMENT ORDER OF SRI.JOMON VARGHESE DATED 12/07/2016.
EXHIBIT P3 D TRUE COPY OF THE APPOINTMENT ORDER OF SR.MARY VARGHESE DTED 01/06/2016.
EXHIBIT P3 E TRUE COPY OF THE APPOINTMENT ORDER OF SRI.SINOD A., DATED 07/06/2017.
EXHIBIT P3 F TRUE COPY OF THE APPOINTMENT ORDER OF SRI.CLEATUS K.G. DATED 01/06/2016.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.K.DIS/C/5557/2015 DATED 09/08/2016 OF THE 5TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B4/7264/2016/K.DIS. DATED 31/10/2016 OF THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.K.DIS./C/5559/2015 DATED 09/08/2016 OF THE 5TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE ORDER NO.B4/7266/2016/K.DIS. DATED 31/10/2016 OF THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.K.DIS./C/5556/2015 DATED 09/08/2016 OF THE 5TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE ORDER NO.B4/7265/2016/K.DIS. DATED 31/10/2016 OF THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.K.DIS.C/6173/2016 DATED 04/10/2017 OF THE 5TH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ORDER NO.B4/9256/2017/K.DIS. DATED 23/02/2018 OF THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.K.DIS/C/4842/2016 DATED 08/06/2017 OF THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE ORDER NO.B4/5237/2017/K.DIS. DATED 03/12/2018 OF THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.K.DIS/C/5246/2017 DATED 04/10/2017 OF THE 5TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE ORDER NO.B4/9254/2017/K.DIS. DATED 22/02/2018 OF THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.K.DIS/C/10475/2016 DATED 30/07/2018 OF THE 5TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE ORDER NO.B4/5357/2018/K.DIS. DATED 15/12/2018 OF THE 4TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25/05/2018.
EXHIBIT P12 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED
31/01/2019 (WITHOUT EXHIBITS).
EXHIBIT P13 TRUE COPY OF THE LETTER NO.B1/4839/2016 DATED 09/06/2016 OF THE 3RD RESPONDENT.
