Kerala High Court
Jayakumar K vs Viji P.N on 22 September, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
Con.Case (C)No.1521 of 2025
2025:KER:72565
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
CON.CASE(C) NO. 1521 OF 2025
AGAINST THE ORDER DATED 02.04.2024 IN WA NO.480 OF 2024 OF
HIGH COURT OF KERALA
PETITIONER:
JAYAKUMAR K,AGED 53 YEARS,S/O. KOCHEN PILLAI, WORKING
AS HEAD MASTER, BRAHMANANDODAYAM HIGHER SECONDARY
SCHOOL, KALADY, ERNAKULAM DISTRICT, RESIDING AT
MUKKOTTUTHARA MADOM, NORTH MAZHUVANNUR PO,
MUVATTUPUZHA, ERNAKULAM DIST., PIN - 686669
BY ADVS.
SHRI.K.SANDESH RAJA
SHRI.BENOY THOMAS
RESPONDENT:
VIJI P.N.,AGE & FATHER'S NAME NOT KNOWN TO THE
PETITIONER REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION. S.R.V.G.H.S.S. BUILDING,
KASTHURIRANGAN HALL, M.G. ROAD, ERNAKULAM DIST. PIN
682011
SMT. NISHA BOSE, SR. GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.09.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Con.Case (C)No.1521 of 2025
2025:KER:72565
JUDGMENT
Muralee Krishna, J.
This Contempt Case (Civil) is filed under Section 12 of the Contempt of Courts Act, 1971, by the 1 st respondent in W.A. No.480 of 2024, who is the 1st petitioner in W.P.(C)No.16328 of 2023, alleging non-compliance of the directions in Annexure-I judgment dated 26.03.2024 passed by the learned Single Judge in that writ petition and Annexure-III interim order dated 02.04.2024 passed by a Division Bench of this Court in the writ appeal.
2. The petitioner who is the Headmaster of an aided High School and some other Headmasters who are similarly situated as that of him filed different writ petitions, i.e., W.P.(C)Nos.16328, 21147 and 21412 of 2023, challenging the Government Order dated 03.05.2023, which according to them varies/amends Rules 4 and 6 of Chapter XXXII of the Kerala Education Rules, depriving their right to get an appointment as Principal in the Higher Secondary School. By the judgment dated 26.03.2024, the learned Single Judge allowed the writ petitions. The operative 3 Con.Case (C)No.1521 of 2025 2025:KER:72565 portion of that judgment read thus:
"15. For these reasons, the impugned order cannot be sustained. Accordingly, they are quashed. There will be a direction to consider the case of the petitioners against the vacancies of Principal in the Higher Secondary School under their management strictly in accordance with Rules 4 and 6 of Chapter XXXII KER and with a further direction to the official respondents to approve the above appointments in terms of Rule 5 of Chapter XXXII KER. A decision shall be taken in the light of the declaration in the judgment within three weeks from the date of receipt of a copy of this judgment after affording an opportunity of hearing to all the affected parties".
3. In the writ appeal filed by the additional 10 th respondent in the writ petition, a Division Bench of this Court by Annexure-III order dated 02.04.2024 ordered that in the case of the appellant, status quo as on that date shall be maintained.
4. According to the petitioner, the additional 10 th respondent retired from service on 31.05.2025. Hence, the petitioner submitted a representation to the respondent herein to appoint him as the Principal from 01.06.2025 onwards and also filed W.P.(C)No.16549 of 2025 before this Court to direct the 4 Con.Case (C)No.1521 of 2025 2025:KER:72565 respondent to consider the said representation. By Annexure-IV judgment dated 22.04.2025, this Court disposed of that writ petition, directing the respondent to pass orders on the representation submitted by the petitioner for promotion as Principal with effect from 01.06.2025. By Annexure V order dated 18.06.2025, the respondent rejected the claim of the petitioner. According to the petitioner, the Annexure V order was passed in wilful violation of Annexure- I judgment and Annexure-III interim order.
5. The respondent filed an affidavit dated 11.08.2025 in the contempt case producing therewith Annexure R1(a) document. It is stated in that affidavit that certain mistakes occurred in issuing Annexure-V order due to oversight, and hence the respondent issued Annexure R1(a) order dated 08.08.2025, rectifying those mistakes. The petitioner filed a reply affidavit dated 10.09.2025 to the affidavit filed by the respondent. In the reply affidavit, the petitioner inter alia, maintained the stand that even Annexure R1(a) order issued by the respondent is in violation of Annexure-I judgment and Annexure-III interim order. In the 5 Con.Case (C)No.1521 of 2025 2025:KER:72565 reply affidavit, the petitioner stated that he filed W.P.(C)No.32800 of 2025 before this Court, challenging Annexure R1(a) order.
6. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.
7. The perusal of Annexure-III interim order passed in the writ appeal would show that this Court directed to maintain status quo as far as the appellant /additional 10 th respondent is concerned. Annexure-V order dated 18.06.2025 and Annexure R1(a) order dated 08.08.2025 were passed by the respondent, taking note of the aforesaid Annexure-III interim order of this Court. Hence, we find no reason to hold that there is any violation of Annexure-III order by the respondent while passing Annexure- V order, which is later rectified by Annexure R1(a) order. At this juncture, the learned counsel for the petitioner submitted that the petitioner intends to proceed for the violation of Annexure-I judgment since, according to the petitioner, Annexure-V order and the subsequent Annexure R1 (a) order were passed not in tune with Annexure-I judgment.
In such circumstances, this contempt case stands closed 6 Con.Case (C)No.1521 of 2025 2025:KER:72565 without expressing anything on the legal right, if any, of the petitioner to proceed further on the basis of Annexure-I judgment.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
sks MURALEE KRISHNA S., JUDGE 7 Con.Case (C)No.1521 of 2025 2025:KER:72565 APPENDIX OF CON.CASE(C) 1521/2025 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE JUDGMENT DATED 26/3/2024 IN
W.P.[C] NO.16328/2023 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM Annexure II TRUE COPY OF THE ORDER NO.311156/C2/2023/RDD/CNGR DATED 11/11/2024 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY DEPARTMENT, CHENGANNUR Annexure II(a) TRUE COPY OF THE ORDER G.O.[RT] NO.5223/2024/GEDN DATED 24/08/2024 Annexure III ONLINE CERTIFIED COPY OF THE ORDER DATED 2/4/2024 IN W.A.NO.480/2024 OF THE HON'BLE HIGH COURT OF KERALA Annexure IV TRUE COPY OF THE JUDGMENT DATED 22/4/2025 IN W.P.[C] NO.16549/2025 OF THE HON'BLE HIGH COURT OF KERALA Annexure V TRUE COPY OF THE ORDER NO.RDDHSE/EKM/1555/2025-B3 DATED 18/6/2025 RESPONDENT ANNEXURES Annexure R1(a) TRUE COPY OF THE ORDER NO RDDHSE/EKM/1555/2025-B3 DATED 8.8.2025 OF DEPUTY DIRECTOR OF EDUCATION(HSE), ERNAKULAM