Kerala High Court
P. Muralidharan vs State Of Kerala on 23 August, 2023
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 885 OF 2023
AGAINST THE JUDGMENT IN WA 1358/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT IN THE WRIT APPEAL:
P. MURALIDHARAN,
AGED 53 YEARS,
MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR, PIN - 670663
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
RESPONDENTS/APPELLANTS IN THE WRIT APPEAL:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
4 THE DISTRICT EDUCATIONAL OFFICER
THAVAKKARA, KANNUR, PIN - 670002
BY SRI.A.J.VARGHESE, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 875 OF 2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 884 OF 2023
AGAINST THE JUDGMENT IN WA 1360/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS IN THE WRIT APPEAL:
1 THE MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT, PIN - 670663
2 SINDHU N.K., AGED 44 YEARS,
D/O.N.BALAKRISHNAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR,
KANNUR DISTRICT,
RESIDING AT SANTHA NILAYAM,
ILLAM MUKK, P.O.PORORA, MARUTHAYI,
MATTANNUR, KANNUR, PIN - 670702
3 SREESHA T.K., AGED 35 YEARS,
D/O. SREEDHARAN P.V., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREENILAYAM, KUTTAMATH,
CHERUVATHUR P.O., KASARAGOD, PIN - 671313
4 AJAYAKRISHNAN P.M., AGED 29 YEARS,
S/O.A.NARAYANAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SARAYU, KUTTIYERI P.O.,
KARIMBAM, KANNUR, PIN - 670142
5 SREEJA R.K, AGED 44 YEARS,
D/O. M.C. KARUNAKARAN NAMBIAR, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT RAMAPURAM HOUSE,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
3
VAYANTHODE, MATTANNUR,
KANNUR, PIN - 670702
6 SHYAM LOHITH P.V., AGED 31 YEARS,
S/O. B. LOHITHAKSHAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MEENAKSHI VIHAR,
PANNERI, P.O. MORAZHA,
KANNUR, PIN - 670331
7 REKHA. A., AGED 41 YEARS,
D/O. P.V. MADHAVAN NAIR, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT PUTHALATH, OLD ESI ROAD,
CHONADAM, ERANHOLI P.O.,
THALASSERI, PIN - 670107
8 ANJITHA N, AGED 29 YEARS,
D/O. K.V.NARAYANAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KUNNILEVALAPPIL HOUSE,
IRITTY. P.O., THANTHODE,
KANNUR, PIN - 670703
9 SUMESH M.K., AGED 46 YEARS,
S/O. K.V. KUNHIKANNAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT PRAKASHAM,
NITHYNANDA NAGAR, HOSDURG,
KANHANGAD, PIN - 671315
10 REJINA P.P, AGED 33 YEARS,
D/O. RATHNAKARAN P.P., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT PUTHANPURAYIL,
P.O. MUNDAYAD, KANNUR, PIN - 670594
11 RAHUL H.R, AGED 32 YEARS,
S/O. T.K. HAREENDRAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT THACHORAKKAL HOUSE,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
4
NADAKKUTHAZHA P.O., VADAKARA, PIN - 673104
12 THUSHARA PRAVEEN, AGED 38 YEARS,
D/O. NAVANEETHA KRISHNAN V.V., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT PRANAVAM, MATHUKKOTH,
P.O. VARAM, KANNUR, PIN - 670594
13 DHANIYA M.V, AGED 43 YEARS,
D/O. M.I.VAMANAN NAMBOOTHIRI, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT VARADA, PAZHASSI,
URUVACHAL. P.O, MATTANNUR,
KANNUR, PIN - 670702
14 RESHMA K.V,AGED 37 YEARS,
D/O. K.P.MOHANDAS, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KAITHALA HOUSE,
MAVILACHAL, P.O. EACHUR,
KANNUR, PIN - 670591
15 SREELIMA S, AGED 40 YEARS,
D/O. SREEDHARAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREEPADAM,
VELLIKULANGARA, P.O. ORKATTERI,
VATAKARA, KOZHIKODE, PIN - 673101
16 NITHYAMOL, AGED 34 YEARS,
D/O. NARAYANAN P.K., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT NADAKKALKUNIYIL,
CHOLAM VAYAL, NUT STREET,
VATAKARA, KOZHIKODE, PIN - 673101
17 BINDU A, AGED 47 YEARS,
D/O. BALAN A., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT LALITHAM,
KOTTAYAMPOYIL P.O.,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
5
PATHAYAKUNNU,
THALASSERY, PIN - 670691
18 SURADI P, AGED 40 YEARS,D/O. BALAN O., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT, RESIDING AT SURADI,
UMMENCHIRA, THALASSERY, PIN - 670649
19 DILNA K, AGED 35 YEARS,
D/O.DASAN V, LG HINDI,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT DIL, MELATHARAMMAL,
UMMENCHIRA P.O.,
THALASSERY, PIN - 670649
20 DILNA C.K, AGED 37 YEARS,
D/O.CHANDRAN P.V., LG HINDI,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MAROLI HOUSE,
P.O. PARAPRAM, PINARAYI,
KANNUR, PIN - 670741
21 NIBHA P, AGED 41 YEARS,
D/O.BHASKARAN P, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MILAN, P.O. SANKARANELLUR,
KANNUR, PIN - 670643
22 SAJI P.M, AGED 42 YEARS,
D/O.JANARDHANAN A, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT AISWARYA HOUSE,
KOLAYAD P.O, KANNUR, PIN - 670650
23 ALISHA C, AGED 36 YEARS,
D/O. PAVITHRAN C, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SHYAM NIVAS,
P.O. CHOVVA, KANNUR, PIN - 670006
24 HRUDHYA C.P, AGED 36 YEARS,
D/O. SURENDRAN M, UPST,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
6
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT JANANI, CHOYYADAM,
PONNIAM WEST P.O., KADIRUR,
KANNUR, PIN - 670621
25 ASWATHI C.K, AGED 31 YEARS,
D/O. DEVARAJAN M.N, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KUNIMMAL HOUSE,
P.O. KOYYODE, KANNUR, PIN - 670621
26 SUDHEESH C.K, AGED 42 YEARS,
S/O. M.K. DIVAKARAN ADIYODI, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KOLAPPALA HOUSE,
NARATH P.O, KOLACHERY,
KANNUR, PIN - 670601
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/APPELLANTS IN THE WRIT APPEAL:
1 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
2 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
3 THE DISTRICT EDUCATIONAL OFFICER
THAVAKKARA,
KANNUR, PIN - 670002
BY SRI.A.J.VARGHESE, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 868 OF 2023
AGAINST THE JUDGMENT IN WA 1357/2023 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/RESPONDENT IN THE WRIT APPEAL:
THE MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT, PIN - 670663
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/APPELLANTS IN THE WRIT APPEAL:
1 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695014
2 THE DISTRICT EDUCATIONAL OFFICER
THAVAKKARA, KANNUR, PIN - 670002
3 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
BY SRI.A.J.VARGHESE, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 875 OF 2023
AGAINST THE JUDGMENT IN WA 1351/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/IST RESPONDENT IN THE WRIT APPEAL :
P.MURALIDHARAN, AGED 53 YEARS, MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT, PIN - 670663
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/APPELLANTS & RESPONDENTS 2 TO 16:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
4 DINESAN MADATHIL
ADDITIONAL PRIVATE SECRETARY TO MINISTER FOR
GENERAL EDUCATION, GOVERNMENT OF KERALA,
ANNEX BUILDING, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 RENILKUMAR P, DWANI, MANDOOL,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
9
KADAMBUR, EDAKKAD P.O.,
KANNUR, PIN - 670663
6 PRADEEPAN P., PRANAVAM,
MOKERI P.O., VIA PANOOR,
KANNUR, PIN - 670692
7 RAJEEVAN P, CHANDROTH HOUSE,
SANKARANELLUR P.O.,
KANNUR, PIN - 670643
8 MURALEEKRISHNAN P.E, 'HARIPURAM',
KAYARALAM P.O., VIA MAYYIL,
KANNUR, PIN - 670602
9 MANOJKUMAR P.E,
NORTH MANAKKAT, KARIVELLUR P.O.,
KANNUR, PIN - 670521
10 BEENA C.H, 'THIRUVATHIRA',
MELE CHOVVA P.O.,
KANNUR, PIN - 670006
11 SITHARA T.V,
THUSHARA, P.O.MAKRERI,
KANNUR, PIN - 670622
12 LEENA.P, 'SADGAMAYA',
KAKKAYANGAD P.O.,
KANNUR, PIN - 670673
13 JIJEESH PUTHUKKUDI
SREENIDHI, MUDIYANGA.P.O.,
KANNUR, PIN - 670691
14 JAISON K.T,
KADDOKUNNEL HOUSE, KADACHIRA P.O.,
KANNUR DISTRICT, PIN - 670621
15 PREMARAJAN.K, KOODAPRAM,
CHITTADI.P.O., VIA ALAKODE,
KANNUR, PIN - 670571
16 PREMARAJAN K, MUTHUVAD HOUSE,
ALACHERY P.O.,
KANNUR, PIN - 670650
17 MAHESH KUMAR.M,
DEVA VIHAR, PINARAYI.P.O,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
10
KANNUR, PIN - 670741
18 MEENA.K, VRINDAVANAM,
MULLAKKODI, MULLAKODI.P.O.,
KANNUR, PIN - 670602
BY SRI.A.J.VARGHESE, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES,THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
11
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 886 OF 2023
AGAINST THE JUDGMENT IN WA 1354/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN THE WRIT APPEAL :
1 THE MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT, PIN - 670663
2 BINDU. P.K, AGED 42 YEARS,
D/O. BALAGOPALAN.T.P, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANDHARM,
PALLIPPOYIL, P.O. MOWENCHERY,
KANNUR, PIN - 670613
3 SAYONA. SAGED 36 YEARS,
D/O. SOMANATHAN. T, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SAYONA VIHAR,
PANNIYANNUR. P.O, THALASSERY,
KANNUR, PIN - 670671
4 SABITHA. K.A, AGED 42 YEARS,
D/O.APPUKUTTAN. K, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT NAGATH, MUYIPPOTH. P.O,
MEPPAYUR VIA, KOZHIKODE, PIN - 673524
5 NIJILA P.V, AGED 37 YEARS,
D/O. DAMODARAN. M.K, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANJULALAYAM,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
12
ELAMPARA, P.O, KANNUR, PIN - 670595
6 SHAHINA K.T. AGED 38 YEARS,
D/O. V.T. AHAMMED, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SHABANAS, OPP. G.B.C,
DHARMADAM.P.O, KANNUR, PIN - 670106
7 SIJI P.R, AGED 43 YEARS,
D/O. C.A. PAVEENDRAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREEPURAM, PUNNAD,
IRITTY, KANNUR, PIN - 670703
8 SHEEBA. D, AGED 41 YEARS,
D/O.DAMODARAN C, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREYAS, VALATT THAZHE KUNIYIL,
NIDUMBRAM, P.O.CHOKLI,
KANNUR, PIN - 670672
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
GEORGE POONTHOTTAM (SR.)
RESPONDENTS/APPELLANTS IN THE WRIT APPEAL:
1 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
2 THE DEPUTY DIRECTOR OF EDUCATION SUB
REGISTRAR OFFICE ROAD, KANNUR, PIN - 670002
3 THE DISTRICT EDUCATION OFFICER THAVAKKARA,
KANNUR, PIN - 670002
BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 893 OF 2023
AGAINST THE JUDGMENT IN WA 1301/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/IST RESPONDENT:
P. MURALIDHARAN, AGED 53 YEARS,MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT, PIN - 670663
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/APPELLANTS/2ND RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(ERSTWHILE DIRECTION OF PUBLIC INSTRUCTIONS)
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATION OFFICER
THAVAKKARA, KANNUR,, PIN - 670002
4 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
5 THE SUPER CHECK OFFICER
SUPER CHECK CELL,
CIVIL STATION, (B BLOCK 6TH FLOOR),
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
14
KOZHIKODE, PIN - 673020
6 THE ASSISTANT EXECUTIVE ENGINEER
LSGD SECTION, EDAKKAD BLOCK PANCHAYATH,
CHALA P.O., KANNUR, PIN - 670002
7 DINESAN MADATHIL
ADDITIONAL PRIVATE SECRETARY TO MINISTER OF
GENERAL EDUCATION, GOVERNMENT OF KERALA,
ANNEX BUILDING, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 882 OF 2023
AGAINST THE JUDGMENT IN WA 1361/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN THE WRIT APPEAL:
1 THE MANAGER
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT MURALI NIVAS,
KADAMBUR P.O,
KANNUR DISTRICT, PIN - 670663
2 ANUPRIYA V.P, AGED 33 YEARS,
D/O.LAKSHMANAN.K, HST(PS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663.,
RESIDING AT PUNATHIL VEEDU,
KOLAYAD P.O., KANNUR DISTRICT, PIN - 670650
3 RANJINI. B, AGED 37 YEARS
D/O.B.I. RAMAN NAMBOOTHIRIPAD, HST (MALAYALAM),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT- 670663
RESIDING AT BANATHOOR ILLAM,
P.O. KUTTATH, VIA-MEPPAYUR, CHERUVANNUR,
KOZHIKODE DISTRICT, PIN - 673524
4 RINTO. C.F, AGED 37 YEARS
S/O. FRANCIS. C.V, HST (MALAYALAM),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663.
RESIDING AT CHEERAN HOUSE,
CHITTANJOOR, THRISSUR DISTRICT, PIN - 680523
5 DIVYA. A.M, AGED 39 YEARS,
D/O. A. NARAYANANKUTTY, HST(SS),
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
16
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT DEEPA NIVAS, GANDHI ROAD P.O.
MATTANNUR, KANNUR DISTRICT, PIN - 670702
6 ASHITHA RAMACHANDRAN, AGED 37 YEARS,
D/O. P.V. RAMACHANDRAN, HST(MATHS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT ANIL NIVAS,
P.O. PINARAYI, KANNUR DISTRICT, PIN - 670104
7 SHEEBA. O.K, AGED 42 YEARS
D/O. BALAN. K, HST (ENGLISH),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT- 670663,
RESIDING AT SUKRITHI,
THAVALAPPARA, NEAR SNAKE PARK, P.O.
PARASSINIKKADAVU,
KANNUR DISTRICT, PIN - 670563
8 PRASEENA. K.P, AGED 42 YEARS
D/O. K. PRABHAKARAN, HST (MATHS),
KADAMBUR SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT AISWARYA, CHALAKKARA,
MAHE, KANNUR DISTRICT, PIN - 673574
9 REKHA. M.V, AGED 42 YEARS
D/O. BALAKRISHNAN. V.P, HST (MALAYALAM),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT KOMALLY HOUSE,
P.O. MEMUNDA VIA VADAKARA,
KOZHIKODE DISTRICT, PIN - 673101
10 RAJANI. R.P, AGED 43 YEARS,
D/O. SANKARAN. R.P, HST (MALAYALAM),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT RAYAROTH POYIL PERAMBRA,
KOZHIKODE DISTRICT, PIN - 673525
11 SUBILA. K , AGED 35 YEARS
D/O. K.P. GOPALAN, HST(PS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
17
RESIDING AT AMRITHA,
P.O. KANNADIPARAMBA,
KANNUR DISTRICT, PIN - 670604
12 SAPNA. E, AGED 48 YEARS,
D/O. K. BHASKARAN, HST (NS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT SAPNA, P.O. KOORARA,
VIA. CHAMPAD, KANNUR DISTRICT, PIN - 670694
13 SUNITHA RAMAKRISHNAN, AGED 45 YEARS
D/O.T.RAMAKRISHNAN, HST(PS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT JAYARAM NIVAS,
PUZHATHI, P.O. CHIRAKKAL,
KANNUR DISTRICT, PIN - 670008
14 RAJEESH P.K., AGED 40 YEARS,
S/O. RAMAKRISHNAN. K.K, HST (HINDI),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT ADUTHILA,
P.O. PAZHAYANGADI,
KANNUR DISTRICT, PIN - 670303
15 RINYA K.P, AGED 36 YEARS,
D/O. M. RAVINDRAN, HST (MATHS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT - 670663,
RESIDING AT RINYA, MOWENCHERY P.O.,
KANNUR DISTRICT, PIN - 670613
16 JAYA K.T.P, AGED 41 YEARS,
D/O. K.T.P RAMAN NAMBOOTHIRI, HST (MATHS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT 670 663.
RESIDING MANGALLYA, KALLUR,
MATTANNUR, KANNUR DISTRICT, PIN - 670702
17 K.K.LATHA, AGED 34 YEARS,
D/O. R.K. BALAKRISHNAN, HST (MATHS),
KADAMBUR HIGHER SECONDARY SCHOOL
KADAMBUR, KANNUR DISTRICT-670663,
RESIDING AT EDAVATH HOUSE, ADOOR,
KADACHIRS P.O., KANNUR, PIN - 670621
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
18
18 NIMNA.V., AGED 38 YEARS,
D/O. NARAYANAN.A.P., HST (MALAYALAM,)
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT 670 663,
RESIDING AT VIMALALAYAM, P.O.,
CHALA, KANNUR DISTRICT, PIN - 670006
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/APPELLANTS IN THE WRIT APPEAL :
1 DIRECTOR OF GENERAL EDUCATIONOFFICE OF THE
DIRECTOR OF GENERAL EDUCATION,
JAGATHY,THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
2 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
3 THE DISTRICT EDUCATIONAL OFFICER
THAVAKKARA, KANNUR, PIN - 670002
BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
RP NO. 890 OF 2023
AGAINST THE JUDGMENT IN WA 1356/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN THE WRIT APPEAL:
1 THE MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT.
RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT, PIN - 670663
2 JIMNA. K.P, AGED 33 YEARS,
D/O. VIJAYAN. C., HST HINDI,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT JIMNA NIVAS,
CHEMBILODE METTA, P.O. MOWENCHERY,
KANNUR, PIN - 670613
3 SREEDIVYA. K. V, AGED 44 YEARS,
D/O.SREENIVASAN. K.V., HST ENGLISH,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREEMANDIRAM,
PALLIKKUNNU, KANNUR, PIN - 670004
4 VINI. V. C, AGED 38 YEARS,
D/O.CHITHRABHANU. V, HST ENGLISH,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT ARDRAM, KANHILERI,
P.O, MATTANNUR, KANNUR, PIN - 670702
5 HARIKRISHNAN. M, AGED 33 YEARS,
S/O.HARI MANIPUZHA, HST SANSKRIT,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
20
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANIPUZHA ILLAM,
KANKOL. P.O., PAYYANNUR,
KANNUR, PIN - 670307
6 ASWATHI. K, AGED 33 YEARS,
D/O.K.KRISHNAN., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KAILAS, PALLIKULAM,
P.O. CHIRAKKAL, KANNUR, PIN - 670011
7 ALKA CYRIAC. M, AGED 42 YEARS,
D/O. M.U.CYRIAC, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT THALIKUZHIYIL HOUSE,
KAPPAD P.O., KANNUR, PIN - 670006
8 HONEY. T.H, AGED 34 YEARS,
D/O.HARIDASAN. T.H., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT THINDANCHERI HOUSE,
PUTHOOR. P.O., VATAKARA,
KOZHIKODE, PIN - 673104
9 SEENA. K.K., AGED 35 YEARS,
D/O.NARAYANAN P.P., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SEENA NIVAS,
NELLUNNI, MATTANNUR.P.O.,
KANNUR, PIN - 670702
10 ROSHITHA. K.V, AGED 34 YEARS,
D/O. K. VIJAYAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT ANJALI, PARAL,
KUTHUPARAMBA. P.O., KANNUR, PIN - 670643
11 REESHA KIZHAKKEVEETTIL, AGED 32 YEARS,
D/O. K.P. MOHANDAS, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
21
RESIDING AT KUNHIPARAMBATH HOUSE,
KADIRUR.P.O, KANNUR, PIN - 670642
12 ANUSREE UNNIKRISHNAN, AGED 30
YEARSD/O.P.UNNIKRISHNAN,UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREENAV, P.O. KANAYI,
MATTANNUR, KANNUR, PIN - 670702
13 ANUSREE. VAGED 31 YEARS,
D/O.VIJAYAN. K.V., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT JYOTHIS HOUSE, PARAL P.O.,
KANNUR, PIN - 670671
14 RANGISHA. P.P, AGED 34 YEARS,
D/O. RAJAN. P., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT VYSHANAVAM, CHANDROTH,
KOTTAYM, ERUVATTY,
KOTTAYAMPOYIL. P.O KANNUR, PIN - 670691
15 RAJISHA. K., AGED 31 YEARSD/O.P.V. JAYAKUMAR, LG
HINDI, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR,
KANNUR DISTRICT, RESIDING AT RITHEESH NIVAS,
MUNDALUR. P.O., PERALASSERY, KANNUR, PIN - 670622
16 HIMA G. NATH, AGED 35 YEARS,
D/O. HAREENDRANATH. P.V., HST (SS),
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KRISHNA VIHAR,
P.O. CHAMPAD, THALASSERY,
KANNUR, PIN - 670694
17 SHEEBA. K, AGED 43 YEARS,
D/O.KARUNAKARAN. E., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT EDAKKEPRATH HOUSE,
KACHERIPPARA, P.O. AZHIKKODE,
KANNUR, PIN - 670009
18 JASNA JANARDHANAN P.P, AGED 39 YEARS
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
22
D/O.JANARDHANAN.P.P UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT THRIJYOTHI,
UDUMBUNTHALA. P.O.,
KASARGOD, PIN - 671311
19 AMANYABABY. P.V, AGED 39 YEARS,
D/O.ARAVINDAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT ARAVINDAM,
MANDUR. P.O., KANNUR, PIN - 670501
20 BIJEESHA. K.N, AGED 47 YEARS,
D/O. K. NANU, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SOUPARNIKA,
P.O. PANDAKKAL, MAHE,
KANNUR DISTRICT, PIN - 673310
21 BINOOP SEKHAR, AGED 41 YEARS,
S/O.P. CHANDRASEKARAN, MUSIC TEACHER,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT DEVI PRABHA,
DEENADHAYAL ROAD, CHIRAKKAL P.O.,
KANNUR, PIN - 670011
22 DILSHA.N.K, AGED 33 YEARS,
D/O.N.K.SADANANDAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT KARAYI HOUSE,
P.O. THIRUVANGAD, THALASSERY,
KANNUR DISTRICT, PIN - 670103
23 VIDYA. K.K., AGED 37 YEARS
D/O. T.K. GOVINDAN, LG HINDI,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT DWIVED BHAVAN,
NAYATTUPARA, PATTANUR .P.O.,
KANNUR, PIN - 670595
24 SUHANA. K.R, AGED 46 YEARS
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
23
D/O. K.R. SREEDHARAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT PANAYIL HOUSE,
VAYIPARAMBA, CHAL, AZHIKODE,
KANNUR DISTRICT, PIN - 670009
25 REENA. K, AGED 46 YEARS
D/O. C.H. ONAKKAN, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT SHARU NIVAS,
KAMALPEEDIKA, P.O. EACHUR,
KANNUR, PIN - 670591
26 JEEJITH. T.K.,AGED 40 YEARS,
S/O.KANARAN. T.K., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT THONDIKOVUKKAL HOUSE,
CHEMMARATHUR P.O.,
VATAKARA, PIN - 673104
27 DHAJINA. C.K, AGED 37 YEARS,
D/O.GOPALAKRISHNAN. C.K., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT C.K. HOUSE,
PARAL. P.O., THALASSERY, PIN - 670671
28 VIPIN. M., AGED 36 YEARS
S/O.PURUSHOTHAMAN. M., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MAVALLY HOUSE,
VENGAD. P.O.KANNUR, PIN - 670612
29 RAJINA. C.P, AGED 42 YEARS,
D/O. M.R. DAMODARAN., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT VIMALA NIVAS,
TALAP, KANNUR, PIN - 670002
30 RAJESH KUMAR. M, AGED 40 YEARS
S/O. V.P. DAMODARAN NAMBIAR, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL,
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
24
KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANIYERI HOUSE,
CHENNAKKODE, KATTIPPOIL. P.O.,
NILESWARAM-KASARGOD DISTRICT, PIN - 671314
31 SNIJA. V. P, AGED 41 YEARS,
HST (SS), KADAMBUR HIGHER SECONDARY SCHOOL,
KADAMBUR, KANNUR DISTRICT,
RESIDING AT DEEPTHI,
PACHAPOIKA. P.O., KUTHUPARAMBA,
KANNUR, PIN - 670643
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
2 THE DEPUTY DIRECTOR OF EDUCATION
SUB REGISTRAR OFFICE ROAD,
KANNUR, PIN - 670002
3 THE DISTRICT EDUCATIONAL OFFICER
THAVAKKARA, KANNUR, PIN - 670002
BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH RP 885 OF 2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
25
DR. A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P.JJ
......................................................
RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023
.................................................................
Dated this the 23rd day of August, 2023
ORDER
Dr. A.K.Jayasankaran Nambiar.J These review petitions have been preferred seeking a review of the common judgment dated 9.8.2023 in WA No.1301 and connected cases. A perusal of the revision petitions indicates that the petitioners are essentially aggrieved by the observations in paragraphs 3, 5 and 6 of the judgment. Paragraphs 3, 5, and 6 of the judgment read as follows:-
"3. The essential allegation by the education authorities against the management was that the High School Section had shown greater students strength therein by reckoning the students of the Higher Secondary Section also and had thereby obtained sanction of 26 additional divisions in the High School Section for the academic year 2018-19. Aggrieved by the said order of the education authorities, the management impugned the same in W.P. (C).No.290/2020. W.P.(C).No.10664/2019 was filed challenging the show cause notice that was issued purporting to take over the management of the School. W.P.(C).No.28179/2022 was filed challenging the staff fixation for 2022-23 where again the eligible divisions were not sanctioned in the High School. W.P. (C).Nos.12046/2021, 40219/2022, 40849/2022, 40889/2022 and 40953/2022 were filed seeking approval of the appointments made RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 26 of teachers in the High School Section which approvals were denied on account of Ext.P17 order that was impugned in W.P. (C).No.290/2020.
4. xxxxxx
5. When the Writ Appeals came up for admission, we noticed that the approval to the appointment of around 79 teachers in the School has been held up on account of Ext.P17 order passed by the Director of Public Instructions in connection with the staff fixation for the academic year 2018-19. We also notice that the basic grievance of the State in the appeals is that the merits of their allegation against the management namely, that they had inflated the student strength in the High School Section by including the students of the Higher Secondary Section, was not considered by the learned Single Judge in the impugned judgment. We therefore decided to hear the appeals finally so as to put a quietus to the issue.
6. While considering the arguments in the Writ Appeals, particularly on the issue of whether or not there was a shortage of students or lack of infrastructure noticed in the High School Section during the year, we found that in the staff fixation orders pertaining to the High School from 2013-14 onwards, while the School was found entitled to the sanction of a higher number of divisions, only a lesser number of divisions were actually sanctioned during the said years. The management also does not appear to have impugned those staff fixation orders before the Appellate/Revision authorities under the Kerala Education Act and Rules. We cannot overlook the possibility that the management did not stake a claim for the additional divisions because the class rooms for the additional divisions were actually used in those years for accommodating students of the Higher Secondary Section of the School. If that be the case, then may be there was no sanction of excess divisions at all in the High School Section as alleged in Ext.P17 order and the students of the Higher Secondary Section found in the High School Section was the reason why lesser number of divisions than what the school was found eligible to RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 27 were actually sanctioned in the High School Section. This aspect is not seen considered or adverted to in Ext.P17 order. An effective adjudication of the show cause notice issued to the manager pursuant to the inspection by the super check cell would have to consider the above aspect along with the findings of the super check cell to ascertain the real position. We are satisfied therefore that Ext.P17 order was rightly quashed by the learned Single Judge and further that the matter will now have to be examined afresh by the Director of Public Instructions in the light of our observations above."
2. Having heard Sri.George Poonthottam, the learned senior counsel appearing on behalf of the review petitioners, we find that there is a factual error in paragraph 3 of the impugned judgment to the extent it states that WP(C)No.10664 of 2019 was filed challenging the show cause notice that was issued purporting to take over the management of the school. We would clarify that the show cause notice purported to disqualify the manager of the school pursuant to action initiated against him in terms of Chapter III Rule 7 of the KER. The show cause notice did not expressly indicate that the purpose of its issuance was to take over the management of the school. The said observation in paragraph 3 of the judgment is accordingly modified to read as follows:-
"WA 10664 of 2019 was filed challenging the show cause notice that was issued purporting to disqualify the manager of the school."
3. As regards the other grounds raised with reference to RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 28 paragraphs 3, 5 and 6 of the judgment, we find that while recording the allegations of the State in the appeals preferred by them we had only paraphrased the allegations contained in Ext.P10 notice issued to the management and the findings in Ext.P17 order that was impugned in WP(C) No.290 of 2020. We do not see any error having been occasioned in that regard in the judgment.
4. Lastly, with regard to the contention of the learned Senior Counsel that there was no direction as regards any action to be taken in respect of the staff fixation orders from 2018-2019 onwards, we might only observe that those were not matters that were in issue before us and hence did not require any mention in our judgment. The judgment, as it presently stands, merely requires the Director of Public Instructions to consider the matter afresh in the light of the observations of the learned single Judge in the judgment impugned in the writ appeals before us, as also our observations in the judgment dated 9.8.2023, where we had referred to Ext.P25 order that was passed by the Regional Deputy Director of Higher Secondary Education, permitting the conduct of classes for the Higher secondary section in the new building that was constructed by the management and directing the issuance of staff fixation orders for the higher secondary section for the academic years from 2014-2015 onwards.
5. We see no reason to review our judgment dated 09.08.2023 in RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 29 the Writ Appeals save to the limited extent of effecting minor typographical corrections such as the one noticed in paragraph (2) above as also that warranted in the extract of direction No.4 of the judgment of the learned single judge, in our judgment. The Registry shall ensure that in the corrected judgment issued pursuant to this order, the extracted portion of the directions of the learned single Judge is exactly in terms of the directions issued by the learned single Judge in the common judgment that was impugned in the writ appeals. The extracted portion of the learned single judge's judgment, in paragraph (4) of our judgment shall read as follows:-
"1) W.P.(C.) No.290/2020 is allowed. Ext.P17 is set aside, and Ext.P2 staff fixation order is restored.
2) W.P.(C)Nos.40219/2022, 40849/2022, 40953/2022 and 40889/2022 are allowed, and the impugned orders in these writ petitions are set aside. There will be a direction to the competent authority among the respondents in these cases to approve the appointment of the teachers in these cases in the light of Ext.P10 in these writ petitions and also in the light of the findings in W.P. (C.) No. 290/2020, if the proposal for approval is otherwise in order, as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment.
3) W.P.(C.)No.10664/2019 is allowed, and Exts.P1 and P20 are quashed in the light of the findings in W.P.(C)No. 290/2020.
4) W.P.(C)No.12046/2021 is allowed, and Exts.P11, P12, P13 and P14 in this writ petition are quashed. There will be a direction to the competent authority among the respondents to approve the RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 30 appointment of the teachers in the light of the observations in this judgment, if the proposal for approval is otherwise in order, as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment.
5) W.P.(C)No.28179/2022 is allowed. Ext.P18 is set aside and there will be a direction to the competent authority among the respondents to pass fresh staff fixation orders in the light of the findings in W.P. (C) No. 290/2020 as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment."
Save for the limited modifications indicated above, we dismiss these review petitions in all other respects.
Sd/-DR. A.K. JAYASANKARAN NAMBIAR JUDGE Sd/-MOHAMMED NIAS C.P. JUDGE dlk/23.8.2023 RP Nos.885, 884, 868, 875, 886, 893, 882 & 890 of 2023 31 APPENDIX OF RP 868/2023 PETITIONER'S ANNEXURES Annexure-I TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER FOR THE ACADEMIC YEAR 2016-17 Annexure-II TRUE COPY OF THE LETTER NO. A4/33091/2018 DATED 05.03.2019 ISSUED BY THE HIGHER SECONDARY REGIONAL DEPUTY DIRECTOR, KANNUR TO THE DEO Annexure-III TRUE COPY OF THE ADDITIONAL DIVISIONS SANCTIONED FOR THE ACADEMIC YEAR 2014-15 BEARING ORDER NO. B4/4149/2015 K. DIS DATED 18.03.2017 ISSUED BY THE DEO, KANNUR Annexure-IV TRUE COPY OF THE LIST ENHANCING ACCOMMODATION OF THE DIVISIONS FOR THE ACADEMIC YEAR 2017-18 Annexure-V TRUE COPY OF THE LETTER NO. B2/6543/2019 DATED 6.10.2022 ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION AND OBTAINED UNDER THE RTI ACT Annexure-VI TRUE COPY OF THE RELEVANT PORTION OF THE FILE NOTE DATED 06.10.2022 OBTAINED UNDER THE RTI ACT Annexure-VII TRUE COPY OF THE LETTER NO. B3/5545/ 2022 DATED 10.08.2022 ISSUED BY THE REGIONAL DEPUTY DIRECTOR