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2025 Supreme(Online)(Ker) 21628

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SEENA K.V – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 5966/2025



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946 WP(C) NO. 5966 OF 2025 PETITIONER:

SEENA K.V AGED 41 YEARS W/O.MANOJKUMAR T.V., LPST, DARUL IMAN MUSLIM L.P.SCHOOL, K.KANNAPURAM, CHERUKUNNU POST, KANNUR, PIN - 670301 BY ADVS.

J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA)

ROY JOSEPH ANIES MATHEW AKHIL P.C.

ASWATHY SUSAN PAUL RESPONDENTS:

1 STATE OF KERALA REP. SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 ADDL: DIRECTOR (ACADEMIC), GENERAL EDUCATION DEPARTMENT, OFFICE OF THE ADDL: DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

3 DEPUTY DIRECTORATE OF EDUCATION KANNUR, OFFICE OF THE DEPUTY DIRECTOR, PUZHATHI HOUSING COLONY, KANNUR, PIN - 670002

4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY, KANNUR, PIN - 670561 BY ADV.

SRI. V. VENUGOPAL, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 13th day of February, 2025 The petitioner contends that her appointment was not approved on the ground that she did not pass K-TET Examination. The proposal made by the Manager for approving the appointment stands rejected as per Ext.P3 order dated 06.02.2024 of the Assistant Educational Officer, Pappinissery.

2. The petitioner submits that subsequently, the petitioner has passed the K-TET Examination, as is evident by Ext.P4. In the facts of the case and in the light of Ext.P5, appointment of the petitioner is liable to be approved. 3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

4. Approval to appointment of the petitioner was declined as per Ext.P3 by the Assistant Educational Officer on the ground that the petitioner has not passed the K-TET Examination. Ext.P4 would show that the petitioner has subsequently passed the K-TET Examination. In the light of Ext.P5 Government Order dated 05.11.2024, the issue of approval of the petitioner’s appointment is liable to be reconsidered.

In the facts of the case, the writ petition is disposed of directing the 4th respondent-Assistant Educational Officer to reconsider the issue of approval of appointment of the petitioner in the light of Exts.P4 and P5. The 4th respondent shall pass orders afresh, within a period of one month, after giving opportunity of hearing to the petitioner and Manager. To enable the 4th respondent to pass orders afresh, Ext.P3 is set aside.

Sd/-

N.NAGARESH JUDGE spk APPENDIX OF WP(C) 5966/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2017 ISSUED BY THE MANAGER, DARUL IMAN MUSLIM L.P.SCHOOL, K.KANNAPURAM Exhibit P2 TRUE COPY OF THE ORDER NO.

G4/236300/2022 DATED 22.09.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.F/59819/2024 DATED 06.02.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE K-TET ELIGIBILITY CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER IN CATEGORY -I Exhibit P5 TRUE COPY OF THE GO(MS)133/2024/GEDN DATED 05.11.2024 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED

23.01.2025 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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