Kerala High Court
Muhammad Suneer N K vs State Of Kerala on 1 April, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:27822
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 43937 OF 2024
PETITIONER:
MUHAMMAD SUNEER N.K.,
AGED 26 YEARS,
S/O. NAZAR NALOMKANDY HOUSE,
PALAYAD NADA P.O., IRINGAL,
VADAKARA, KOZHIKODE,
LOWER PRIMARY SCHOOL TEACHER (LPST),
KARUVANCHERI UPPER PRIMARY SCHOOL,
PALAYAD NADA P.O., VADAKARA,
KOZHIKODE, PIN - 673521
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT,
GENERAL EDUCATION (B) DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
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4 THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER,
VADAKARA KOZHIKODE, PIN - 673101
6 RAMAKRISHNAN V.P.,
AGED 67 YEARS,
S/O. KUNJIRAMA PANICKER,
RESIDING AT KURUMAYIL POYYIL HOUSE,
NADUVATHUR.P.O. KOILANDY,
KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P.
SCHOOL, VATAKARA), PIN - 673620
BY ADVS.
K.P.SUDHEER
ARUNDHATI NAIR(K/1514/2023)
TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 44158 OF 2024
PETITIONER:
REMYA KP,
AGED 40 YEARS,
W/O. LINEESH N,
ASARIPARAMBATH HOUSE,
PALAYAD NADA POST, VADAKARA,
KOZHIKODE,
JUNIOR HINDI TEACHER,
KARUVANCHERI UPPER PRIMARY SCHOOL,
PALAYADNADA.P.O., VADAKARA,
KOZHIKODE, PIN - 673521
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT,
GENERAL EDUCATION (B) DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
VADAKARA KOZHIKODE, PIN - 673101
6 RAMAKRISHNAN V.P.,
S/O. KUNJIRAMAPANICKER,
RESIDING AT KURUMAYILPOYYIL HOUSE,
NADUVATHUR.P.O. KOILANDY,
KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P.
SCHOOL, VATAKARA), PIN - 673620
BY ADVS.
K.P. SUDHEER
ARUNDHATI NAIR(K/1514/2023)
TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:27822
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 44168 OF 2024
PETITIONER:
RUBINA P.T.,
AGED 32 YEARS,
W/O. SABEESH,
KARIPPOLNILATH HOUSE,
IRINGAL POST, VADAKARA, KOZHIKODE,
UPPER PRIMARY SCHOOL TEACHER (UPST),
KARUVANCHERI UPPER PRIMARY SCHOOL,
PALAYAD NADA.P.O., VADAKARA,
KOZHIKODE, PIN - 673521
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT,
GENERAL EDUCATION (B) DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM,
PIN - 695014
2025:KER:27822
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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
VADAKARA KOZHIKODE, PIN - 673101
6 RAMAKRISHNAN V.P.,
S/O. KUNJIRAMA PANICKER,
RESIDING AT KURUMAYIL POYYIL HOUSE,
NADUVATHUR.P.O. KOILANDY,
KOZHIKODE,
(FORMER MANAGER KARUVANCHERI U.P. SCHOOL,
VATAKARA), PIN - 673620
BY ADVS.
K.P. SUDHEER
ARUNDHATI NAIR(K/1514/2023)
TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.04.2025, ALONG WITH WP(C).43937/2024, 44158/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 44176 OF 2024
PETITIONER:
AKSHAY KUMAR K.C.,
AGED 26 YEARS,
S/O. PRAVEEN KUMAR KIZHAKKECHALIL HOUSE,
MANIYOOR POST, PAYYOLI,
KOZHIKODE LOWER PRIMARY SCHOOL TEACHER (LPST),
KARUVANCHERI UPPER PRIMARY SCHOOL,
PALAYADNADA.P.O., VADAKARA,
KOZHIKODE, PIN - 673523
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B)
DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE GENERAL EDUCATION DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN - 673001
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
VADAKARA KOZHIKODE, PIN - 673101
6 RAMAKRISHNAN V.P.,
S/O. KUNJIRAMAPANICKER,
RESIDING AT KURUMAYILPOYYIL HOUSE,
NADUVATHUR.P.O. KOILANDY,
KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P.
SCHOOL, VATAKARA), PIN - 673620
BY ADVS.
K.P. SUDHEER
SHERRY M.V.(K/976/2001)
TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 1st day of April, 2025 [W.P.(C) Nos.43937, 44158, 44168 and 44176 of 2024] The petitioners in these four writ petitions are working as LPST, Junior Hindi Teacher, UPST and LPST respectively. The petitioners state that though they were duly appointed by the then Manager, the proposal for approval of their appointment has been returned by the Assistant Educational Officer stating that there is management dispute. The petitioners would contend that even though there is management dispute, this Court has held in a number of judgments that the management dispute cannot be a reason to decline approval of the appointment of duly appointed Teachers.
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2. The petitioners would further submit that if the competent authority takes a decision, they have a right to file appeal and thereafter revision. But, returning of the proposal would jeopardise the career of the petitioners. The petitioners would further submit that due to the management dispute, now Assistant Educational Officer is functioning as the Manager.
3. Government Pleader entered appearance and resisted the writ petitions. The Government Pleader submitted that the legality of appointment of the petitioners are doubtful as there is serious management dispute and that is the reason why the Assistant Educational Officer returned the proposal.
4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
5. This Court has held in the judgment in Noushar P.K. v. State of Kerala and others [2016 (3) KHC 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 11 : 339] that pendency of management dispute is not a reason to decline the approval of the appointment of Teachers of Aided Schools. In that view of the matter, the competent authority has to reconsider the issue of approval of appointment granted to the petitioners.
The writ petitions are accordingly disposed of directing the 5th respondent-Assistant Educational Officer to resubmit the proposals in respect of the appointment of the petitioners to the 4th respondent-District Educational Officer. The 4th respondent shall consider the proposal and grant approval to the petitioners' appointments, if the petitioners are otherwise eligible. Orders shall be passed within a period of two months.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 12 : APPENDIX OF WP(C) 43937/2024 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.
B1/2405/21 DATED 08-11-2021 Exhibit P4 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P5 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P6 THE TRUE COPY OF THE LETTER DATED NO.
L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.
2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 13 : APPENDIX OF WP(C) 44158/2024 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2161/22 DATED 19-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT ALONG WITH TYPED COPY Exhibit P4 THE TRUE COPY OF THE ORDER NO.
B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO.
L1/258/2023 G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.
2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 14 : APPENDIX OF WP(C) 44168/2024 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.2163/22 DATED 08-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO.
B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO.
L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 15 : APPENDIX OF WP(C) 44176/2024 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 20-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2380/22 DATED 30-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO.
B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER NO.
L1/258/2023G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.