LAWS(KER)-2014-11-102

STATE OF KERALA Vs. O. SEEMA

Decided On November 13, 2014
STATE OF KERALA Appellant
V/S
O. Seema Respondents

JUDGEMENT

(1.) The writ appeal is filed against an interim order dated 13/04/2012 passed in I.A.No.5688 of 2012, by which the learned single judge, relying upon the judgment in Shuja Baby v. State of Kerala, 2008 1 KerLT 230 , which interpreted Rule 12 of Chapter XXIII of Kerala Education Rules (for short 'KER') had directed the Assistant Educational Officer (for short 'AEO') to consider the claim of the petitioners and to pass appropriate orders within a specified time.

(2.) The judgment in Shuja Baby was approved by a Division Bench of this court in the judgment dated 13/08/2008 in Writ Appeal No.1326 of 2008.

(3.) The Division Bench, consisting of one among us, noticed that the Division Bench in W.A.No.1326/2008 has only approved the judgment in Shuja Baby without a detailed consideration of Rule 12 of Chapter XXIII of KER. Hence, by order of reference dated 21/11/2012, the matter was placed before the Full Bench of this Court and this Full Bench is constituted for hearing and disposal of the above reference. Paragraphs 8 and 9 of the Reference order reads as under: