Kerala High Court
Dr.Jyothi vs State Of Kerala on 2 July, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 24546 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 24546 OF 2019
PETITIONER/S:
1 DR.JYOTHI,
AGED 45 YEARS
CHAIRMAN, SREE NARAYANA EDUCATIONAL SOCIETY, REG-NO.Q
78/93, P.B. NO.24, SOUTH PARAVOOR, KOLLAM-691301.
2 K. HARI,
THE PRINCIPAL, S.N. CENTRAL SCHOOL,
NEDUGOLAM, KOLLAM-691301.
BY ADVS.
S.S.RAJESH
SRI.V.P.REMESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DISTRICT POLICE CHIEF,
KOLLAM RURAL POLICE DISTRICT, KOLLAM-691006.
3 ASSISTANT COMMISSIONER OF POLICE,
CHATHANNOOR, KOLLAM DISTRICT-691579.
4 INSPECTOR OF POLICE / SHO,
PARAVOOR POLICE STATION, PARAVOOR, KOLLAM-691301.
5 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEPARTMENT,
SASTRI BHAVAN, NEW DELHI-110011.
6 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI-110092.
7 KERALA UNAIDED SCHOOL TEACHERS AND STAFF UNION (CITU),
WP(C) NO. 24546 OF 2019 2
DISTRICT COMMITTEE KOLLAM, NS SMARAKA MANDIRAM,
POLAYATHODU, KOLLAM-691021, REPRESENTED BY ITS SECRETARY.
8 SOORYA S.,
TEACHER IN SOCIAL STUDIES, W/O. RENJITH RATNAKARAN,
KEEERTHANAM, VADAKKEMUKKU, NEDUNGOLAM P.O., KOLLAM-691301.
9 SHEEJA BIJU,
AGED 45 YEARS, W/O. BIJU, TEACHER IN SCIENCE, SIMIDALE,
CHATHANNOOR, KARAMCODE, KOLLAM-691579.
10 RAJITHA IDRAN,
AGED 42 YEARS, W/O. SURAJ KUMAR A.S., LABORATORY
ASSISTANT, ABHIRAM, KOONAMKULAM, POOTHAKULAM P.O., KOLLAM-
691302.
11 SIMI R.N.,
AGED 49 YEARS, W/O. MANIKANDA KUMAR, TEACHER IN MATHS,
SIMIDALE, CHATHANNOOR, KARAMCODE P.O., KOLLAM-691579.
12 VINEETHA B.S.,
AGED 42 YEARS, W/O. SUMESH J., K.G. TEACHER, LEKSHMI
VILLA, NEDUNGOLAM P.O., KOLLAM-691334.
13 AJITHAKUMARI,
AGED 49 YEARS, W/O. VIKRAMAN NAIR, AAYAH, KOTTAPPURAM,
PARAVUR P.O., KOLLAM-691301.
14 SYAMALA,
AGED 51 YEARS, W/O. GOPALAKRISHNAN P., AAYAH,
PATTIYATHUNDUVILA, NEDUNGOLAM P.O., POLACHIIRA, KOLLAM-
691334.
15 PRIYA R.,
AGED 36 YEARS, W/O. SAJEEVAN, TEACHER IN HINDI, SANAYA
VIHAR, OZHUKUPARA, POLACHIRA P.O., PARAVUR, KOLLAM-691334.
16 SUMADEVI D.,
AGED 53 YEARS, D/O. DIVAKARAN, TEACHER IN SCIENCE,
CHERUKONATHU KADAYIL HOUSE, PANAYARA P.O., VARKALA,
THIRUVANANTHAPURAM-695145.
17 RAJESWARI AMMA,
AGED 44 YEARS, W/O. RADHAKRISHNAN NAIR, TEACHER IN HINDI,
AMBADY, KOONAYIL, NEDUNGOLAM P.O., KOLLAM-691334.
18 SUNITHA S.R.,
AGED 46 YEARS, W/O. KUTTAPPAN CHETTIAR, TEACHER IN HINDI,
NAVYA BHAVAN, KOONAYIL, NEDUNGOLAM P.O., KOLLAM-691334.
WP(C) NO. 24546 OF 2019 3
19 KANDHIJA RANI K.M.,
AGED 42 YEARS, W/O. SINDURAJAN, K.G. TEACHER,
THIRUVATHIRA, NEDUNGOLAM P.O., KOLLAM-691334.
20 REENA,
AGED 51 YEARS, W/O. LATE MURALEEDHARAN, MEKKUNNIL VEEDU,
PUNNAKULAM, VENKULAM, EDAVA, THIRUVANANTHAPURAM-695311.
21 KRISHNA P. NAIR,
AGED 48 YEARS, W/O. JAYACHANDRAN, TEACHER IN HINDI,
VNAMALA, THAZHAM CHATHANNOOR, KOLLAM-691572.
22 MINI R.,
AGED 40 YEARS, W/O. ANI B.P., TEACHER IN MATHS, SINI LAND
MEENADU, NEDUNGOLAM P.O., KOLLAM-691334.
23 SANDHYA S.,
AGED 47 YEARS, W/O. RAGHUNATHAN NAIR, TEACHER IN COMPUTER
SCIENCE, CHARUVILA THODIYIL VEEDU, NEDUNGOLAM P.O.,
KOLLAM-691334.
24 RENUKA K.,
AGED 34 YEARS, W/O. GOPALAKRISHNAN R., AAYAH, CHARUVILA
THODIYIL VEEDU, NEDUNGOLAM P.O., PARAVUR, KOLLAMN-691334.
25 REKHA V.,
AGED 44 YEARS, W/O. JAYAGOPAL, TEACHER IN HINDI, REKHA
BHAVAN, MELEGRAMAM, JANARDHANAPURAM, VARKALA,
THIRUVANANTHAPURAM.
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.NIRMAL S., SC, CBSE
SRI.B.KRISHNA MANI
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24546 OF 2019 4
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.24546 of 2019
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Dated this the 2nd day of July, 2021
JUDGMENT
When this writ petition came up for consideration, the counsel for the petitioner submitted that there is no law and order problem. If there is any law and order issue, the Police will do the needful.
Recording the same, the writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 24546 OF 2019 5 APPENDIX OF WP(C) 24546/2019 PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER SOCIETY.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SCHOOL OF PETITIONER ISSUED BY CBSE.
EXHIBIT P3 TRUE COPY OF THE SAID CIRCULAR ISSUED BY CBSE.
EXHIBIT P4 TRUE COPY OF THE STATEMENT OF MONTHLY SALARY OF THE TEACHING AND NON-TEACHING STAFF.
EXHIBIT P5 TRUE COPY OF THE SAID LETTER DATED 02/07/2019 ISSUED BY 8TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE SAID REPLY GIVEN TO THE 8TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE SAID NOTICE DATED 13/07/2019 ISSUED BY 8TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE SAID STATEMENT SIGNED BY 45 TEACHING STAFF DATED 16/07/2019. EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE STAFF MEETING.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION TO THE LABOUR OFFICER KOLLAM DATED 19/07/2019. EXHIBIT P11 TRUE COPY OF THE SAID REPRESENTATION DATED 19/07/2019 SUBMITTED TO TH CHIEF MINISTER OF KERALA.
EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPHS OF STRIKE BY RESPONDENTS 8 TO 26.
EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPHS SHOWING HE STRIKE BY RESPONDENTS 8 TO 26 BLOCKING WP(C) NO. 24546 OF 2019 6 THE WAY TO SCHOOL OF THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 4TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE COMPLAINT WITH PROOF OF EMAIL SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT P16 TRUE COPY OF THE COMPLAINT WITH PROOF OF EMAIL SUBMITTED TO THE 2ND RESPONDENT. EXHIBIT P17 TRUE COPIES OF THE COMPLAINT DATED 03/09/2019 SUBMITTED TO THE 4TH RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE DISTRICT COLLECTOR, KOLLAM. RESPONDENT'S EXHIBITS :
EXHIBIT R 8 A TRUE COPY OF THE RELEANT PORTION OF THE AFFILIATION BYEAWS,2018 ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI EXHIBIT R8 B TRUE COPY OF THE RELEVANT PORTION OF THE W.P.(C) nO. 27798/2019 DATED 16.10.2019 BEFORE THE HONOURABLE HIGH COURT OF KERALA ERNAKULAM EXHIBIT R8 C TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.09.2019 ISSUED BY THE CHAIRMAN OF THE SCHOOL MANAGING COMMITTEE.