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2022 Supreme(Online)(KER) 56797

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
THE MANAGER, T M V HIGHER SECONDARY SCHOOL – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
GEORGE MATHEW, V.A.MUHAMMED, M.SAJJAD, NISHA BOSE, ELSA DENNY PINDIS, M.D.SASIKUMARAN, PRAVEEN S., SUNIL KUMAR A.G, DIPU JAMES MATHEW, K.T. GEORGE, K.V.STEPHY, K REGI

JUDGMENT

W.P.(C) No.2896 of 2021 is filed challenging the order passed by the 6th respondent declining the appointment of the petitioner to the post of Physical Education Teacher in the T.M.V.H.S, Perumbilavu.

2. W.P.(C) No.3353 of 2022 is filed by the Manager being aggrieved by Ext.P3 order which is dated 25.11.2021 issued by the DGE as per which it has been ordered that the petitioner in W.P.(C) No.2896 of 2021 was qualified to be appointed as a Physical Education Teacher in the said school.

3. As common issues are involved, both these writ petitions are taken up and considered by a common judgment. Reference to parties and Exhibits shall be described as in W.P.(C) No.2896 of 2021.

4. The short facts of the case are as under:

4.1 The petitioner contends that he entered the service of the T.V.M.H.S, Perumbilavu (hereinafter referred to as ‘the school’) on 1.6.2011 as a Full-Time Menial (FTM) in the vacancy of one Jaimon C.I, who was promoted as UPSA. He contends that from 1.6.2011 he has been rendering service in the said institution. While he was working as aforesaid, he applied for leave on 10.7.2013 for pursuing the course, Bachelor of Physical Education (BPE). By Ext.P2 order, the

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