The Manager v. State of Kerala
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
WP(C).No. 3789 of 2017 (W)
PETITIONER(S):
THE MANAGER MAR BASIL VOCATIONAL HIGHER SECONDARY SCHOOL, SENAPATHY P.O., IDUKKI DISTRICT, PINCODE - 685 619.
BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B.KURIAN SRI.K.T.THOMAS
RESPONDENT(S):
R1-R3 BY SR.GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2:
WP(C).No. 3789 of 2017 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1: | TRUE COPY OF THE CERTIFICATE DATED 06.01.2017 ISSUED BY NATIONAL COMMISSION. |
|---|---|
| EXHIBIT P1(A): | TRUE COPY OF THE CERTIFICATE DATED 06.01.2017 ISSUED BY NATIONAL COMMISSION. |
| EXHIBIT P1(B): | TRUE COPY OF THE CERTIFICATE DATED 06.01.2017 ISSUED BY NATIONAL COMMISSION. |
| EXHIBIT P1(C): | TRUE COPY OF THE CERTIFICATE DATED 06.01.2017 ISSUED BY NATIONAL COMMISSION. |
| EXHIBIT-P2: | TRUE COPY OF THE ORDER DATED 12.01.2010 ISSUED BY THE GOVERNMENT. |
| EXHIBIT-P3: | TRUE COPY OF THE ORDER DATED 04.04.2016 IN SLP (C)NO.5875/2016 & CONNECTED CASES. |
| EXHIBIT-P4: | TRUE COPY OF G.O.(P) NO.199/2011/G.EDN. DATED 01.10.2011 ISSUED BY GOVERNMENT. |
| EXHIBIT-P5: | TRUE COPY OF G.O.(P) NO.313/2013/G.EDN. DATED 29.11.2013 ISSUED BY GOVERNMENT. |
| EXHIBIT-P6: | TRUE COPY OF THE JUDGMENT DATED 15.01.2015 IN W.P.(C) NO.7594/2014 & CONNECTED CASES. |
| EXHIBIT-P7: | TRUE COPY OF THE JDUGMENT DATED 02.03.2016 IN W.A.NO.812/2015 & CONNECTED CASES. |
| EXHIBIT-P8: | TRUE COPY OF G.O(P) NO.154/2014/G.EDN. DATED 11.08.2014 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT-P9: | TRUE COPY OF G.O.(P) NO.278/2014/G.EDN. DATED 23.12.2014 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT-P10: | TRUE COPY OF G.O.(P) NO.213/2015/G.EDN. DATED 06.08.2015 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT-P11: | TRUE COPY OF G.O.(P) NO.29/2016/G.EDN. DATED 29.01.2016 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT-P12: | TRUE COPY OF THE CIRCULAR DATED 04.06.2016 ISSUED BY 2ND RESPONDENT. ..3.. |
:3:
WP(C).No. 3789 of 2017 (W)
EXHIBIT-P13: TRUE COPY OF THE ORDER DATED 05.08.2016 ISSUED BY THE GOVERNMENT. EXHIBIT-P14: TRUE COPY OF INTERIM ORDER DATED 23.8.2016 IN W.P.(C) NO.27850/2016 ISSUED BY THE GOVERNMENT EXHIBIT-P15: TRUE COPY OF KERALA GAZETTE NOTIFICATION DATED 14.12.2016 ISSUED BY GOVT. OF KERALA.
RESPONDENT(S)' EXHIBITS:
EXHIBIT R2(A): TRUE COPY OF DISTRICT WISE NUMBER OF PROTECTED TEACHERS AND NON TEACHING STAFF. EXHIBIT R2(B): TRUE COPY OF THE LIST OF PROTECTED EMPLOYEES IN MINORITY SCHOOLS INCLUDED IN THE 'TEACHERS BANK'.
//TRUE COPY//
vgd
PA TO JUDGE
ANU SIVARAMAN, J.
===================
W.P.(C).No.3789 of 2017
====================
Dated this the 12th day of December, 2017
JUDGMENT
This writ petition is filed challenging Ext.P15, by which the Kerala Education Rules were amended by the Kerala Education (Amendment Rules), 2016 ordered as per G.O.(P) No.199/2016/G.Edn. dated 03.12.2016. This Court has already considered the validity of the said Rules in the judgment dated 11.10.2017 in W.P.(C) No.1356 of 2017 and connected cases. The case of the petitioner will also be governed by the said judgment.
The writ petition is disposed of accordingly.
Sd/- ANU SIVARAMAN JUDGE
vgd
The Manager Mar Basil Vocational Higher Secondary School, Senapathy P.O., Idukki District
State of Kerala Represented By Secretary to Government, Department of General Education, Thiruvananthapuram
The Director of Public Instruction Housing Board Building, Thiruvananthapuram
The Deputy Director of Education Idukki
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court