Kerala High Court
Manager vs State Of Kerala on 17 December, 2018
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY ,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA,
1940
WP(C).No. 26797 of 2015
PETITIONERS:
1 MANAGER
AGED 63 YEARS
MANNUR KRISHNA AUP SCHOOL KADALUNDI,
KOZHIKODE,
PIN: 673 302.
2 MANAGER
KOLAYI ALP SCHOOL, KARANTHUR, KOZHIKODE
3 MANAGER
NALLUR NARAYANA LP BASIC SCHOOL, FEROKE,
KOZHIKODE.
4 MANAGER
BALABODINI ALP SCHOOL, NANMANDA, PIN: 673 613,
KOZHIKODE.
5 MANAGER
VALIACODE AUP SCHOOL, KALPATHUR, PERAMBRA,
KOZHIKODE.
6 MANAGER
VANIMEL MUP SCHOOL, VANIMEL, KOZHIKODE.
7 MANAGER
MUTHALATH A.L.P SCHOOL, MANASSERY, MUKKAM,
KOZHIKODE.
8 MANAGER
KUNNUMMAL LVLP SCHOOL, KAKKATTIL, PIN: 673
507.
9 MANAGER
KURUNTHODI AUP SCHOOL, THODANNUR, VATAKARA,
KOZHIKODE.
WP(C).No. 26797 of 2015
-2-
10 MANAGER
KAMBILIPARAMBA AMUP SCHOOL, OLAVANNA, CALICUT
25, KOZHIKODE.
11 MANAGER
VAIKKILASSERY UP SCHOOL, VADAKARA, KOZHIKODE.
12 MANAGER
AZHIYUR EAST UP SCHOOL, ALIYUR P.O.,
KOZHIKODE,
PIN: 673 309.
13 MANAGER
CMC BOYS HIGH SCHOOL, ELATHUR, KOZHIKODE.
14 MANAGER
CMC GIRLS HIGH SCHOOL, ELATHUR, KOZHIKODE.
15 MANAGER
A.P.L.P.SCHOOL, ELATHUR, KOZHIKODE
16 MANAGER
C.C.U.P SCHOOL, IYYAD P.O., KOZHIKODE.
17 MANAGER
ATHMA VIDYA SANGAM UP SCHOOL, KOLATHARA,
KOZHIKODE.
18 MANAGER
PUTHUR UP SCHOOL, PUTHIYANGADI, KOZHIKODE.
19 MANAGER
KEEZHAL DVUP SCHOOL, KEEZHIL P.O., VADAKARA,
KOZHIKODE.
20 MANAGER
KUNNAMANGALAM MLP SCHOOL, KUNNAMANGALAM,
KOZHIKODE, PIN: 673 571.
21 MANAGER
AUP SCHOOL ERAVANNUR, NARIKUNNI,KOZHIKODE.
WP(C).No. 26797 of 2015
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22 MANAGER
VILLIAPALLY UP SCHOOL, VADAKARA, KOZHIKODE,
PIN: 673 542.
23 MANAGER
AUP SCHOOL, MATTANODE, KOZHIKODE,
PIN: 673 527.
24 MANAGER
AUP SCHOOL, PAZHUR, MAVOOR, KOZHIKODE, PIN:
673 661.
25 MANAGER
HNCKM AUP SCHOOL, KARASSERY, KOZHIKODE, PIN:
673 602.
26 MANAGER
PAYYOLI AMLP SCHOOL, THURAYUR, KOZHIKODE.
27 MANAGER, CHERUKAVU ALP SCHOOL, PULICKAL P.O.,
MALAPPURAM, PIN: 673 637.
28 MANAGER
NALLALAM ALP SCHOOL, NALLALAM, CALICUT 27,
KOZHIKODE.
29 MANAGER
AUPS VARDOOR WAYANAD- KERALA, PIN: 673 591.
30 MANAGER
KUNHOME A.U.P SCHOOL, MATTILAYAM P.O., PIN:
670 731.
31 MANAGER
VANHODE A.U.P SCHOOL, VANHODE, MANANTHAVADI,
WAYANAD.
32 MANAGER
A.U.P.SCHOOL VELLAMUNDA, KATTAYAD P.O., PIN:
670 731.
WP(C).No. 26797 of 2015
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33 MANAGER
N.M.U.P.SCHOOL VALLIYOORKAVU P.O., MANTHAVADY,
WAYANAD.
34 MANAGER
ANMUP SCHOOL, EDAVAKA, ELUMAANNAM P.O.,
WAYANAD, PIN: 670 645.
BY ADVS.
SRI.JIJI THOMAS
SMT.SMITHA MATHEW
SRI.JOHNY ANDREWS
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPT., GOVT. SECRETARIAT,
THIRUVANANTHAPURAM - 685 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, TRIVANDRUM 685 001.
OTHER PRESENT:
GP SRI. DILIP S.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 26797 of 2015
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JUDGMENT
The writ petition is filed by the managers of various aided L.P. and U.P Schools in Kozhikode, Wayanad and Malappuram Districts. The main challenge in the writ petition is against Ext.P5 Government Order (G.O.(P) No.213/2015/G.Edn. Dated 6.08.2014).
2. The learned counsel for the petitioners and the learned Government Pleader have pointed out that the challenge against Ext.P5 Government order has been sustained by this Court vide the judgment in W.P.(C) No.19008 of 2013 and connected cases. The learned Government Pleader has made available a copy of the judgment for perusal. On a reading of the judgment in W.P.(C) No.19008 of 2013 and connected cases, I find that this Court has, in unequivocal terms, held that G.O.(P) No.213/2015/G.Edn. dated 6.08.2014 would stand sustained, holding that the said Government order does not speak of WP(C).No. 26797 of 2015 -6- protected teachers having lien under one management; to be deployed to a school under another management. It is also observed therein that the stipulation of following the ratio of 1:45 in elementary education and prescription for staff fixation at 1:45 ratio as per the KER would stand nullified in elementary education; for reason of the stipulation under the RTE Act of 1:30 and 1:35, which is mandatory.
3. In the light of the aforementioned finding and observation of this Court in W.P.(C) No.19008 of 2013 and connected cases, nothing survives for consideration in this writ petition. The parties would be governed by the judgment in W.P. (C) No.19008 of 2013 and connected cases.
The writ petition is accordingly disposed of.
Sd/-
V.G.ARUN JUDGE scl/17.12 WP(C).No. 26797 of 2015 -7- APPENDIX PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE ORDER DATED 1.10.2011 OF THE GENERAL EDUCATION (J) DEPARTMENT. EXT.P2: A COPY OF THE INTERIM ORDER IN W.A.NO.812/2015 DATED 9/4/2015.
EXT.P3: TRUE COP OF THE G.O.(P) 154/2014/G. EDN. DATED 11.8.2014 ISSUED BY THE 1ST RESPONDENT.
EXT.P4: TRUE COPY OF THE ORDER DATED 23.12.2014 OF THE GENERAL EDUCATION (J) DEPARTMENT.
EXT.P5: TRUE COPY OF THE ORDER DATED 6.8.2015 OF THE GENERAL EDUCATION (J) DEPARTMENT.
EXT.P6: A COPY OF THE INTERIM ORDER IN W.P.(C) 25306/15 DATED 19/82015 RESPONDENT'S EXHIBITS: NIL