Government of Kerala, Vs Darusalam High School

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM-691 583.

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BY ADVS.

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SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

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RESPONDENT/S:

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1 THE MANAGER, MAHATMA PUBLIC SCHOOL, KOTTACKAKOM, CHAVARA P.O., KOLLAM,PIN-691 583.

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2 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR ,NEW DELHI-110092 (ADDL.R2 IMPLEADED AS PER ORDER DATED 31/1/2019 IN I.A.NO.2/2019 IN WA 173/2019)

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BY ADVS. SRI.C.S.AJITH PRAKASH SRI.NIRMAL S., SC, CBSE

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.1622/2018 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

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W.A.No.173 of 2019 & connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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&

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WA.No.1622 OF 2018

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AGAINST THE ORDER/JUDGMENT IN WPC 7794/2018 DATED 05-07-2018 OF HIGH COURT OF KERALA

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APPELLANT/S:

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MANAGER, FR. SOSIO'S ENGLISH MEDIUM SCHOOL, PAVUMBA, KOIVILA, KOLLAM - 691 590.

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 039.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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3 DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691 001.

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4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.

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W.A.No.173 of 2019 & connected cases

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5 ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583, KOLLAM DISTRICT.

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BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

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W.A.No.173 of 2019 & connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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&

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WA.No.1655 OF 2018

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AGAINST THE ORDER/JUDGMENT IN WPC 11612/2018 DATED 05-07-2018 OF HIGH COURT OF KERALA

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APPELLANT/S:

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SR. LEONI MANIMALA, MANAGER, ST. BENEDICT ENGLISH MEDIUM SCHOOL, SHANTI NIVAS, PINEAPPLE JUNCTION, PUNALUR, KOLLAM - 691305.

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BY ADVS. SRI.MOHAN JACOB GEORGE SRI.T.K.NAVAS SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 039.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

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3 DISTRICT EDUCATIONAL OFFICER, PUNALUR - 691 305.

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4 DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM - 691 009.

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5 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092, REPRESENTED BY ITS SECRETARY.

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BY ADVS. SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

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W.A.No.173 of 2019 & connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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&

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WA.No.1932 OF 2018

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AGAINST THE ORDER/JUDGMENT IN WP(C) 10502/2018(K) OF HIGH COURT OF KERALA

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APPELLANT/S:

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MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS, REPRESENTED BY ITS PRESIDENT

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REV. FR. VARGHESE MANICKANAMPARAMBIL, CMI, HAVING REGISTERED OFFICE AT ST.ARNOLDS NORTH ADUVASSERY, S.ADUVASSERY P.O., ERNAKULAM, PIN - 683 578.

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BY ADVS. JOSE ABRAHAM SRI.MANU SRINATH SRI.N.RAGESH SRI. SANJAY R HEGDE, SR

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN CODE-695001.

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3 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.

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BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

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SRI.NIRMAL. S

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

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W.A.No.173 of 2019 & connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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&

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WA.No.2051 OF 2018

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AGAINST THE ORDER/JUDGMENT IN WP(C) 10064/2018(G) OF HIGH COURT OF KERALA

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APPELLANT/S:

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1 LE MER PUBLIC SCHOOL THRIPRAYAR, NATTIKA P.O., THRISSUR - 680 566, REPRESENTED BY ITS MANAGER MOHAMMED ALI I.

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2 ANSAR ENGLISH SCHOOL,

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PERIMPILAVU P.O, PIN 680 519,

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REPRESENTED BY THE MANAGER MR. SHAJU MOHAMMEDUNNY.

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3 MADAR ENGLISH SCHOOL, P.O VADANAPILLY, PIN 680 614,REPRESENTED BY ITS PRINCIPAL SAIDUMUHAMMED K I

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4 ST.VINCENT PALLOTTI CENTRAL SCHOOL, OLLUKARA P.O., KALATHODE, PIN - 680 655 REPRESENTED BY ITS MANAGER FR.GEORGE MADEIKKAL.

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5 NIRMAL JYOTHI CENTRAL SCHOOL, PAZHAMUKKUM MUNDOOR, PIN - 680 541 REPRESENTED BY ITS PRINCIPAL SR.LISAMMA MATHEW C.

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6 ST.JOSEPH'S ENGLISH MEDIUM SCHOOK, PAZHOOKKARA, ANNALOOR CHALAKUDY, PIN - 680 731 REPRESENTED BY ITS MANGER SR.LIJI JOSEPH.

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7 AL AZHAR ENGLISH MEDIUM SCHOOL, MANAKODI, PIN - 680 617 REPRESENTED BY ITS MANAGER AFRATHIM A HAMZA.

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8 CARMEL CENTRAL SCHOOL,

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P.O.VALAPAD, PIN - 680 567 REPRESENTED BY ITS PRINCIPAL DR.SR.MARRIETTE A THERATTI.

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9 ST.PAUL'S PUBLIC SCHOOL, KURIYACHIRA, PIN - 680 006 REPRESENTED BY ITS MANAGER DR.SR.LISSY JOHN IRIMPAN.

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10 ST.ELIZABETH ENGLISH MEDIUM SCHOOL, PONGANAMKAD, KURICHIKKARA P.O., PIN-680028, REPRESENTED BY ITS MANAGER, SR.MARIA.

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11 FR.PAUL CHITILAPILLY MEMORIAL PUBLIC SCHOOL, ENGANDIYUR, THRISSUR, PIN-680615, REPRESENTED BY ITS PRINCIPAL, FR.CHRISTON J.PERUMATTIL.

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12 SIR SYED ENGLISH SCHOOL, PUTHUMANASSERY, PAVARATTY, PIN-680507, REPRESENTED BY ITS PRINCIPAL NIYAS CHIRAKKARA.

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13 SAL SABEEL GREEN SCHOOL, KIRALOOR, PIN-680601, REPRESENTED BY ITS PRINCIPAL, SAINABA A.M.

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14 ST.JUDE PUBLIC SCHOOL, KUTTANELLOOR P.O., ELAMTHURUTHY, PIN-680014, REPRESENTED BY ITS PRINCIPAL, SR.BILPHY PAUL.

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15 SANTA MARIA ACADEMY, VALLACHIRA, PIN-680562,

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REPRESENTED BY THE MANAGING TRUSTEE MOLLY THAYYIL, THOMAS CHERIYAN EDUCATIONAL TRUST.

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16 AMALA MARY RANI PUBLIC SCHOOL, AMALANAGAR, THRISSUR, PIN-680555, REPRESENTED BY ITS MANAGER, SR.STARLET SCARIA.

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17 LITTLE FLOWER PUBLIC SCHOOL, MURINGOOR, CHALAKUDY, PIN-680316, REPRESENTED BY ITS PRINCIPAL, SR.NANCY MARIA.

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18 JESUS ACADEMY, THALORE P.O., THRISSUR, PIN-680306, REPRESENTED ITS PRINCIPAL, SR.ANJUMOL KURIAN.

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19 ST.RAPHAEL'S PUBLIC SCHOOL, KALLUR, THRISSUR-680317, REPRESENTED BY ITS PRINCIPAL, FR.SHAJU CHIRAYATH.

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20 ST.ALPHONSA PUBLIC SCHOOL, PATTIKAD P.O., THRISSUR, PIN-680652, REPRESENTED BY FR.BESTIN KAKKASSERY.

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21 GUARDIAN ANGELS ENGLISH MEDIUM SCHOOL, P.O.KAINOOR, PUTHUR, PIN-680014, REPRESENTED BY ITS MANAGER, SR.MARIA LIGI.

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22 FR.MATHEW ALAKALAM PUBLIC SCHOOL, MEECHIRA, P.O.KODASSERY, CHALAKUDY, PIN-680721, REPRESENTED BY ITS MANAGER, FR.BENNY VARGHESE.

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23 M.E.S. PUBLIC SCHOOL, P.O.VEMBALLUR, KODUNGALLUR, PIN-680671, REPRESENTED BY ITS SECRETARY AND CORRESPONDENT, K.K.MOHAMMED HASSAN.

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24 J AND J ENGLISH MEDIUM SCHOOL, KARUPADANNA, PIN-680670, REPRESENTED BY ITS CHAIRMAN, P.S.VEERAN.

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25 HOLY GRACE ACADEMY, KURUVILASSERY, MALA, PIN-680735, REPRESENTED BY ITS CHAIRMAN, JOSE KANNAMPILLY.

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26 VIMAL JYOTHI CENTRAL SCHOOL, MUPLIYAM, PIN-680312,

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REPRESENTED BY ITS PRINCIPAL, TESSY CHANTRANKUNNEL.

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27 ALBAB CENTRAL SCHOOL, KATTOOR P.O., PIN-680702, REPRESENTED BY ITS MANAGER, YOUSUF SIDDIQUE.

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28 NIRMALA MATHA CENTRAL SCHOOL, EAST FORT, THRISSUR, PIN-680005, REPRESENTED BY ITS PRINCIPAL SR.LINSA MARIA SABS.

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29 CRESCENT PUBLIC SCHOOL, CHALAKUDY-680307, REPRESENTED BY THE CHAIRMAN, CRESCENT EDUCATIONAL SOCIETY, MOHAMED IQBAL P.B.

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30 M.I.C. ENGLISH SCHOOL, AGALAD, PIN-680516, REPRESENTED BY ITS MANAGER, SHANAVAS K.V.

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31 CSM CENTRAL SCHOOL, P.O.EDASSERY, THALIKULAM, PIN-680569, REPRESENTED BY ITS MANAGER, P.K.HYDARALI.

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32 RAJAH SENIOR SECONDARY SCHOOL, CHAVAKKAD, PIN-680506, REPRESENTED BY ITS MANAGER, HANEEFA A.M.

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33 AL-ISLAH ENGLISH SCHOOL, ERANELLUR P.O., KECHERY, 680503, REPRESENTED BY ITS MANAGER, ABDUSSAMAD M.

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34 UMARIYYA PUBLIC SCHOOL, P.O.VALLIVATTOM, PIN-680123, REPRESENTED BY ITS SCHOOL SECRETARY, SHAJI M.S.

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35 AL AQSA PUBLIC SCHOOL, KATHIKODE, KOOLIMUTTAM, PIN-680691, REPRESENTED BY ITS MANAGER, MOHAMMED SUHAIL P.M.

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36 MAHMOODIYA ENGLISH SCHOOL, PERINJANAM, PIN-680686, REPRESENTED BY ITS MANAGER, MUFTHIKHER AHMED.

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37 NIRMALA MATHA CONVENT SCHOOL, EYYAL, KECHERY, PIN-680501, REPRESENTED BY ITS PRINCIPAL, SR.SHAN MARIA.

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38 GOOD SHEPHERD'S CENTRAL SCHOOL, MULLASSERY, PIN-680509, REPRESENTED BY ITS PRINCIPAL, FR.SOLY THATTIL.

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39 AL FOUZ JAMIA ENGLISH SCHOOL, P.O.VENGOOR, MALAPPURAM, PIN-679325, REPRESENTED BY ITS MANAGER, ABDUL HAMEED.

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40 MIC ENGLISH SCHOOL, KAIPAMANGALAM, PIN-680681, REPRESENTED BY ITS MANAGER, ABDUL RASHEED K.A.

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41 NOTRE DAM SCHOOL, CHAIPPANKUZHY P.O., PIN-680724, REPRESENTED BY ITS PRINCIPAL, SR.RANJANA.

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42 AL AZHAR CENTRAL SCHOOL, MALA, PARANATTUKUNNU, PIN-680732, REPRESENTED BY ITS SECRETARY, MOHAMMED ALI M.I.

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43 ST.JOHNS ACADEMY, VETTUKAD P.O., THRISSUR - PIN-680014, REPRESENTED BY ITS PRINCIPAL, SR.AISHWARYA.

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44 AES PUBLIC SCHOOL, ERUMAPETTY, THRISSUR, PIN-680584, REPRESENTED BY ITS PRINCIPAL, SUMA V.S.

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45 HOLY CROSS C.B.S.E. SCHOOL, ARTHAT, PIN-680521, REPRESENTED BY ITS MANAGER, FR.DR.JOSHY PAROKKARAN.

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46 ST.DOMINIC'S CONVENT ENGLISH MEDIUM SCHOOL, VELLANI, PIN-680701, REPRESENTED BY ITS PRINCIPAL, SR.JOPHY K.L.

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47 ST.JOSEPH'S PUBLIC SCHOOL, ANANDAPURAM, PIN-680323, REPRESENTED BY ITS PRINCIPAL, SR.NAYYA.

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48 IG ENGLISH SCHOOL, CHIRAKKAL, KATTAKAMBAL, PIN-680544, REPRESENTED BY ITS PRINCIPAL, ASHARAF JAMALUDEEN.

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49 PALLOTTI HILL PUBLIC SCHOOL, AGASTIANMUZHI, MUKKAM, KOZHIKODE-673602, REPRESENTED BY ITS MANAGER, FR.ANTONY K.A.

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50 BLOOMING BUDS BETHANIA ENGLISH SCHOOL SENIOR SECONDARY, VELLITHIRUTHY, MARATHAMCODE, PIN-680604, REPRESENTED BY ITS MANAGER, FR.SOLOMON OIC.

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51 AL-IRSHAD ENGLISH SCHOOL, ARSHAD NAGAR, P.O.KILLIMANGALAM, PIN-680591, REPRESENTED BY ITS PRINCIPAL, NEJUMA P.A.

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52 AMAL ENGLISH SCHOOL, CHEMMANNUR P.O., PUNNAYURKULAM, PIN-679561, REPRESENTED BY ITS CHAIRMAN ARAKKAL KHALID.

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53 DEVAMATHA CMI PUBLIC SCHOOL, THIRUVAMBADY P.O., PATTURAICKAL, PIN-680022, REPRESENTED BY ITS PRINCIPAL, FR.SHAJU EDAMANA CMI.

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54 SAI SABEEL CENTRAL SCHOOL, MUNDUR, P.O.PERUMANGALAM, PIN-680545, REPRESENTED BY ITS MANAGER, P.K.KADERMON.

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55 VIMALAGIRI PUBLIC SCHOOL, KARUVANKAD, KUNDUKKAD, PIN-680028, REPRESENTED BY ITS MANAGER, FR.JOSEPH THAZHATHEL.

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connected cases

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56 TALENT PUBLIC SCHOOL, AARATTUVAZHY ROAD, NARAKKAL, PIN-682505, REPRESENTED BY ITS DIRECTOR, ABDUL KALAM K.I.

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57 EXCEL PUBLIC SCHOOL, ARTHAT P.O., KUNNAMKULAM, THRISSUR, PIN-680521, REPRESENTED BY ITS MANAGER, VICTOR I.THEKKEKARA.

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58 GOOD HOPE ENGLISH MEDIUM SCHOOL, NILAMBUR-679329, REPRESENTED BY ITS MANAGER, M.ABDUL AZEEZ.

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59 AL-FALAH ENGLISH MEDIUM SCHOOL, WEST KAIPURAM, NADUVATTAM-679308, REPRESENTED BY ITS MANAGER, K.K.HANEEFA.

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60 YAMANIYYA ENGLISH MEDIUM SCHOOL, ANCHAMILE, POOKKOTTUMPADAM P.O., PIN-679332, REPRESENTED BY ITS SECRETARY, P.HAMSA.

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61 NAJATH ENGLISH MEDIUM SCHOOL, KARUVARAKUNDU, PIN-676523, REPRESENTED BY ITS PRINCIPAL, DR.MUHAMMED ASHRAF.

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62 I.S.S. ENGLISH MEDIUM SENIOR SECONDARY SCHOOL, PONNIAKURSSI P.O., PERINTHALMANNA-679322, REPRESENTED BY ITS MANAGER, K.MOHAMMEDALI.

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63 MADARU DA'WATHIL ISLAMIYYA MDI SCHOOL, KRULAI P.O., - 679330, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER, SHOUKATHALI K.

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64 GUIDANCE PUBLIC SCHOOL, GUIDANCE NAGAR, MUNDA, REPRESENTED BY ITS PRINCIPAL, RAFEEQ MUHAMMED.

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65 MSI ENGLISH SCHOOL, VIDYA NAGAR, NILAMBUR, PIN- REPRESENTED BY ITS MANAGER, ABDURAHIMAN.

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66 AL-IHSAN ENGLISH SCHOOL, VENGARA O.K MURI P.O., MALAPPURAM DISTRICT-676519, REPRESENTED BY ITS GENERAL MANAGER HAMIDALI K.

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67 LITTLE FLOWER ENGLISH MEDIUM SCHOOL, THARISH P.O.-676523 KARUVARAKUNDU, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRINCIPAL SR.STEPHY THOMAS.

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68 FAZI-E-OMAR PUBLIC SCHOOL, KARULAI, PIN-679330, REPRESENTED BY ITS PRINCIPAL, JESSY T.J.

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69 GRACE VALLEY PUBLIC SCHOOL, MARAVATTAM, CHENGOTTOOR P.O., MALAPPURAM DISTRICT, KERALA-676503, REPRESENTED BY ITS MANAGER, S.HAMEED HAJI.

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70 ORPHANAGE ENGLISH MEDIUM SCHOOL, PALAD, MANIMOOLY P.O., MALAPPURAM DISTRICT, PIN-67933, REPRESENTED BY ITS MANAGER A.ABDULLA.

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71 PRAISE WILL PUBLIC SCHOOL, EDAVANNA, VELLCHAL, PERAKAMANNA, PIN-676541, REPRESENTED BY ITS SECRETARY, M.ISMAIL.

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72 NICT ENGLISH MEDIUM SCHOOL, KUTTIKKAD, MOOTHEDAM P.O., MALAPPURAM, PIN-679331, REPRESENTED BY ITS SECRETARY, MOIDEEN M.K.

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73 CARMELGIRI ENGLISH SCHOOL, THALANJI, CHUNGATHURA, PIN-679334, REPRESENTED BY ITS MANAGER, SR.JEESA.

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74 THE SPRINGS INTERNATIONAL SCHOOL, TANA, NILAMBUR, PIN-676542, REPRESSENTED BY P.MOHAMED SALI, CHAIRMAN AND MANAGING TRUSTEE, PKM EDUCATIONAL AND CHARITABLE TRUST, MANJERI.

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BY ADVS. K.K. PREMALAL SRI.VISHNU JYOTHIS LAL SRI.N.N.SUGUNAPALAN (SR.)

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RESPONDENT/S:

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1 THE MANAGER, MALABAR ENGLISH MEDIUM SCHOOL, POTHANUR, POLPPAKARA, MALAPPURAM - 676 576.

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2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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3 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014

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4 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM 676 101

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5 THE DISTRICT EDUCZTIONAL OFFICER TIRUR,MALAPPURAM DISTRICT 676 101

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6 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM DISTRICT 676 576

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7 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI 110 001.

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8 THE CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 092, REPRESENTED BY ITS SECRETARY.

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BY ADVS.

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SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.JAISHANKAR V.NAIR, CGC SRI.NIRMAL S., SC, CBSE

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

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W.A.No.173 of 2019 & connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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&

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

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WA.No.2140 OF 2018

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AGAINST THE ORDER/JUDGMENT IN WP(C) 17890/2017(I) OF HIGH COURT OF KERALA

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APPELLANT/S:

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MANAGER, PEACE PUBLIC SCHOOL, M.P.CAMPUS, PERIYADKA, P.O.SIRIBAGILU, KASARGOD, PIN-671 124.

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

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3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD-671 121.

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4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KASARGOD-671 121.

¶226

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶227

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶228

- 18 -

¶229

W.A.No.173 of 2019 & connected cases

¶230

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶231

PRESENT

¶232

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶233

&

¶234

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶235

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶236

WA.No.2284 OF 2018

¶237

AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA

¶238

APPELLANT/S:

¶239

CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT, PIN - 689 693.

¶240

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶241

RESPONDENT/S:

¶242

1 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM -690 536.

¶243

2 MANAGER, ST. MARY'S MODEL SCHOOL, KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN-689 693.

¶244

3 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA-689 621.

¶245

4 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA-690 501.

¶246

- 19 -

¶247

W.A.No.173 of 2019 & connected cases

¶248

5 MANAGER,

¶249

SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITTA -689 662.

¶250

6 MANAGER,

¶251

NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.

¶252

7 MANAGER,

¶253

AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA -689 650.

¶254

8 MANAGER, MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA-690 503.

¶255

9 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039.

¶256

10 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶257

11 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001.

¶258

12 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689 645.

¶259

13 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001.

¶260

14 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001.

¶261

15 DISTRICT EUDCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 621, PATHANAMTHITTA DISTRICT.

¶262

16 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690 101, ALAPPUZHA DISTRICT.

¶263

- 20 -

¶264

W.A.No.173 of 2019 &

¶265

connected cases

¶266

17 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA , PIN-689 654.

¶267

18 DISTRICT EDUCATIONAL OFFICER, RANNI-689 672, PATHANAMTHITTA DISTRICT.

¶268

19 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.

¶269

20 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY-689 641, PATHANAMTHITTA DISTRICT.

¶270

21 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM-690 502, ALAPPUZHA DISTRICT.

¶271

22 ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691 583, KOLLAM DISTRICT.

¶272

23 ASSISTANT EDUCATIONAL OFFICER, KONNI-689 691, PATHANAMTHITTA DISTRICT.

¶273

BY ADVS.

¶274

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶275

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶276

- 21 -

¶277

W.A.No.173 of 2019 & connected cases

¶278

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶279

PRESENT

¶280

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶281

&

¶282

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶283

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶284

WA.No.2295 OF 2018

¶285

AGAINST THE ORDER/JUDGMENT IN WP(C) 37732/2017(N) OF HIGH COURT OF KERALA

¶286

APPELLANT/S:

¶287

MANAGER, PEACE PUBLIC SCHOOL, KANIYANTHODU, MUKHATHALA P.O., KOLLAM DISTRICT, PIN-691 577.

¶288

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶289

RESPONDENT/S:

¶290

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039.

¶291

2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM -695 014.

¶292

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.

¶293

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶294

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶295

- 22 -

¶296

W.A.No.173 of 2019 & connected cases

¶297

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶298

PRESENT

¶299

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶300

&

¶301

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶302

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶303

WA.No.1236 OF 2019

¶304

AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA

¶305

APPELLANT/S:

¶306

MANAGER, MARTHOMAN VIDYAPEEDOM,NIRANAM P.O, THIRUVALLA, PATHANAMTHITTA, PIN- 689 621.

¶307

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶308

RESPONDENT/S:

¶309

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶310

2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014.

¶311

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM -695 001.

¶312

4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA -689 645.

¶313

- 23 -

¶314

W.A.No.173 of 2019 & connected cases

¶315

5 DEPUTY DIRETOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA -688 001.

¶316

6 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM -695 001.

¶317

7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA -689 621, PATHANAMTHITTA DISTRICT.

¶318

8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA- 690 101, ALAPPUZHA DISTRICT.

¶319

9 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, PIN- 689 654.

¶320

10 DISTRICT EDUCATIONAL OFFICER, RANNI -689 672, PATHANAMTHITTA DISTRICT.

¶321

11 DISTRICT EDUCATIONAL OFFICER, KOLLAM -691 001.

¶322

12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY -689 641, PATHANAMTHITTA DISTRICT.

¶323

13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM -690 502, ALAPPUZHA DISTRICT.

¶324

14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA -691 583, KOLLAM DISTRICT.

¶325

15 ASSISTANT EDUCATIONAL OFFICER, KONNI - 689 691, PATHANAMTHITTA DISTRICT.

¶326

16 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O, KARUNAGAPPALLY, KOLLAM -690 536.

¶327

17 MANAGER,

¶328

ST. MARY'S MODEL SCHOOL, KOODAL P.O, PATHANAMTHITTA DISTRICT, PIN- 689 693.

¶329

18 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O, ALAPPUZHA -690 501.

¶330

- 24 -

¶331

W.A.No.173 of 2019 & connected cases

¶332

19 MANAGER, SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O, PATHANAMTHITTA -689 662.

¶333

20 CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O, PATHANAMTHITTA DISTRICT, PIN- 689 693.

¶334

21 MANAGER, NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM -695 012.

¶335

22 MANAGER, AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O, KOZHENCHERRY, PATHANAMTHITTA -689 650.

¶336

23 MANAGER, MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O, ALAPPUZHA- 690 503.

¶337

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶338

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶339

- 25 -

¶340

W.A.No.173 of 2019 & connected cases

¶341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶342

PRESENT

¶343

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶344

&

¶345

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶346

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶347

WA.No.1237 OF 2019

¶348

AGAINST THE JUDGMENT IN W.P.(C) NO.7654 OF 2018 OF HIGH COURT OF KERALA.

¶349

APPELLANT/S:

¶350

MANAGER,

¶351

GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM-690 536.

¶352

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶353

RESPONDENT/S:

¶354

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039

¶355

2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

¶356

3 DEPUTY DIRECTION OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001.

¶357

4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689 645

¶358

- 26 -

¶359

W.A.No.173 of 2019 &

¶360

connected cases

¶361

5 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001

¶362

6 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001

¶363

7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 621, PATHANAMTHITTA DISTRICT

¶364

8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690 101, ALAPPUZHA DISTRICT.

¶365

9 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA,PIN-689 654

¶366

10 DISTRICT EDUCATIONAL OFFICER, RANNI-689672, PATHANAMTHITTA DISTRICT.

¶367

11 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.

¶368

12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY-689 641, PATHANAMTHITTA DISTRICT.

¶369

13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM-690 502, ALAPPUZHA DISTRICT.

¶370

14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691 583, KOLLAM DISTRICT.

¶371

15 ASSISTANT EDUCATIONAL OFFICER, KONNI-689 691, PATHANAMTHITA DISTRICT.

¶372

16 MANAGER, ST.MARY'S MODEL SCHOOL, KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN-689 693.

¶373

17 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O., THIRUVALLA, PATHANAMTHITA,PIN-689 621.

¶374

18 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA-690 501.

¶375

- 27 -

¶376

W.A.No.173 of 2019 & connected cases

¶377

19 MANAGER, SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITA-689 662.

¶378

20 CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT,PIN-689 693.

¶379

21 MANAGER, NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.

¶380

22 MANAGER, AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA-689 650.

¶381

23 MANAGER, MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA-690 503.

¶382

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶383

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶384

- 28 -

¶385

W.A.No.173 of 2019 & connected cases

¶386

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶387

PRESENT

¶388

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶389

&

¶390

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶391

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶392

WA.No.256 OF 2019

¶393

AGAINST THE JUDGMENT IN W.P(C) NO.18050 OF 2017 OF HIGH COURT OF KERALA.

¶394

APPELLANT/S:

¶395

1 THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, KASARGOD - 670 121.

¶396

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARGOD - 670 121.

¶397

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD - 670 121.

¶398

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶399

5 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶400

BY ADVS. GOVERNMENT PLEADER SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶401

RESPONDENT/S:

¶402

1 P.T.KRISHNAN, MANAGING TRUSTEE, B. C. K MEMORIAL TRUST AND MANAGING DIRECTOR OF B. C. K.MEMORIAL ENGLISH MEDIUM SCHOOL, KANHANGAD, KASARGOD - 670 121.

¶403

- 29 -

¶404

W.A.No.173 of 2019 & connected cases

¶405

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶406

BY ADV. SRI NIRMAL S. (B/O)

¶407

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶408

- 30 -

¶409

W.A.No.173 of 2019 & connected cases

¶410

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶411

PRESENT

¶412

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶413

&

¶414

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶415

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶416

WA.No.261 OF 2019

¶417

AGAINST THE ORDER/JUDGMENT IN WP(C) 41578/2017(V) OF HIGH COURT OF KERALA

¶418

APPELLANT/S:

¶419

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY OF THE GOVERNMENT , GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶420

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE - 695 001.

¶421

3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, KERALA - 673 001.

¶422

4 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KERALA - 673 001.

¶423

5 THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL, CALICUT, KERALA - 673 001.

¶424

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER GOVERNMENT PLEADER

¶425

W.A.No.173 of 2019 & - 31 - connected cases

¶426

RESPONDENT/S:

¶427

1 SANJOSE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRINCIPAL, KUNDUTHODE P.O., KAVILUMPARA (VIA), CALICUT, KERALA - 673 513.

¶428

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301. BY ADVS. SRI.JOSE ABRAHAM SRI.MANU SRINATH SRI. SANJAY R HEGDE, SR SRI.NIRMAL S., SC, CBSE

¶429

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶430

- 32 -

¶431

W.A.No.173 of 2019 & connected cases

¶432

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶433

PRESENT

¶434

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶435

&

¶436

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶437

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶438

WA.No.269 OF 2019

¶439

AGAINST THE ORDER/JUDGMENT IN WP(C) 5780/2018(V) OF HIGH COURT OF KERALA

¶440

APPELLANT/S:

¶441

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶442

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶443

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, PIN - 689 645.

¶444

4 THE ASSISTANT EDUCATIONAL OFFICER, RANNI, RANNI P.O., PATHANAMTHITTA DISTRICT - 689 645.

¶445

BY ADVS.

¶446

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶447

RESPONDENT/S:

¶448

SHIN SYAMALAN, MANAGER, SREE NARAYANA ENGLISH MEDIUM SCHOOL, VENKURUJI P.O, MUKKUTTUTHARA, RANNI, PATHANAMTHITTA DISTRICT - 686 510.

¶449

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶450

- 33 -

¶451

W.A.No.173 of 2019 & connected cases

¶452

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶453

PRESENT

¶454

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶455

&

¶456

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶457

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶458

WA.No.271 OF 2019

¶459

AGAINST THE ORDER/JUDGMENT IN WP(C) 5726/2018(M) OF HIGH COURT OF KERALA

¶460

APPELLANT/S:

¶461

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001

¶462

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001

¶463

BY ADVS.

¶464

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶465

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶466

RESPONDENT/S:

¶467

1 THE CHAIRMAN PODIKUNJU MUSALIYAR MEMORIAL CHARITABLE AND EDUCATIONAL TRUST, ANZAR BUILDING, CHANDANATHOPE

¶468

P.O., CHATHINAMKULAM , KOLLAM- 691 014

¶469

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 14/02/2019 IN IA.NO.02/2019)

¶470

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶471

- 34 -

¶472

W.A.No.173 of 2019 & connected cases

¶473

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶474

PRESENT

¶475

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶476

&

¶477

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶478

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶479

WA.No.273 OF 2019

¶480

AGAINST THE ORDER/JUDGMENT IN WP(C) 6526/2018(M) OF HIGH COURT OF KERALA

¶481

APPELLANT/S:

¶482

1 THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), IDUKKI-685 603.

¶483

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM-695001. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶484

RESPONDENT/S:

¶485

1 CSI TINY TOTS ENGLISH MEDIUM SCHOOL REP. BY REV. N. NITTEN BOSE, AGED 49, S/O. N.T. BOSE, THE MANAGER, CSI TINY TOTS ENGLISH MEDIUM SCHOOL, NEW MUNNAR, MUNNAR-685 612.

¶486

2 MRS.REGINA SELWIN., AGED 60, W/O. LATE PETER SELWIN, THE SECRETARY, CSI TINY TOTS ENGLISH MEDIUM SCHOOL, NEW MUNNAR, MUNNAR-685 612.

¶487

- 35 -

¶488

W.A.No.173 of 2019 & connected cases

¶489

3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. (R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)

¶490

BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA

¶491

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶492

- 36 -

¶493

W.A.No.173 of 2019 & connected cases

¶494

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶495

PRESENT

¶496

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶497

&

¶498

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶499

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶500

WA.No.283 OF 2019

¶501

AGAINST THE ORDER/JUDGMENT IN WP(C) 10731/2018(N) OF HIGH COURT OF KERALA

¶502

APPELLANT/S:

¶503

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶504

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶505

3 THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD, KALPETTA, WAYANAD DISTRICT - 673 121.

¶506

4 THE ASSISTANT EDUCATIONAL OFFICER, SULTHANBATHERI, WAYANAD DISTRICT- 673 592.

¶507

BY ADVS.

¶508

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶509

RESPONDENT/S:

¶510

1 THE MANAGER, SREE NARAYANA U.P. SCHOOL, IRULAM, POST MANAVAYAL, WAYANAD DISTRICT - 673 579.

¶511

- 37 -

¶512

W.A.No.173 of 2019 & connected cases

¶513

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.

¶514

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 283/2019.

¶515

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶516

- 38 -

¶517

W.A.No.173 of 2019 & connected cases

¶518

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶519

PRESENT

¶520

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶521

&

¶522

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶523

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶524

WA.No.285 OF 2019

¶525

AGAINST THE ORDER/JUDGMENT IN WP(C) 11309/2018(K) OF HIGH COURT OF KERALA

¶526

APPELLANT/S:

¶527

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶528

2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶529

3 DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., - 689 101.

¶530

4 DISTRICT EDUCATION OFFICER, PATHANAMTHITTA - 689 645.

¶531

5 ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT - 689 645.

¶532

BY ADVS.

¶533

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶534

RESPONDENT/S:

¶535

1 THE MANAGER, ST. SIMON ENGLISH MEDIUM SCHOOL, KUMBAZHA P.O., PATHANAMTHITTA DISTRICT - 689 653, KERALA.

¶536

- 39 -

¶537

W.A.No.173 of 2019 & connected cases

¶538

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶539

(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN I.A.NO. 1/2019 IN WA 285/2019).

¶540

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶541

- 40 -

¶542

W.A.No.173 of 2019 & connected cases

¶543

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶544

PRESENT

¶545

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶546

&

¶547

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶548

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶549

WA.No.286 OF 2019

¶550

AGAINST THE ORDER/JUDGMENT IN WP(C) 5970/2018(U) OF HIGH COURT OF KERALA

¶551

APPELLANT/S:

¶552

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 039.

¶553

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶554

3 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD - 679 101.

¶555

4 DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM - 676 101.

¶556

5 ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD, PIN - 679 001.

¶557

6 ASSISTANT EDUCATIONAL OFFICER,

¶558

TIRUR, MALAPPURAM - 676 101.

¶559

7 DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 673 001.

¶560

8 DEPUTY DIRECTOR OF EDUCATION MALAPPURAM - 676 001.

¶561

BY ADVS.

¶562

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶563

- 41 -

¶564

W.A.No.173 of 2019 & connected cases

¶565

RESPONDENT/S:

¶566

1 MANAGER, CEEPEES CENTRAL SCHOOL THIRUMITTAKODE.P.O., VIA KOTTANAD - 679 533, PALAKKAD DISTRICT.

¶567

2 MANAGER KARALLI ENGLISH MEDIUM SCHOOL, EDAKULAM, THIRUNNAVAYA, MALAPPURAM DISTRICT, PIN - 676 301.

¶568

BY ADV. MOHAN JACOB GEORGE(B/O)

¶569

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶570

- 42 -

¶571

W.A.No.173 of 2019 & connected cases

¶572

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶573

PRESENT

¶574

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶575

&

¶576

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶577

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶578

WA.No.287 OF 2019

¶579

AGAINST THE ORDER/JUDGMENT IN WP(C) 5472/2018(H) OF HIGH COURT OF KERALA

¶580

APPELLANT/S:

¶581

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶582

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

¶583

3 THE DISTRICT EDUCATIONAL OFFICER, WAYANAD 673 122, KERALA.

¶584

4 THE DEPUTY DIRECTOR OF EDUCATION WAYANADU 673 122, KERALA.

¶585

5 THE ASSISTANT EDUCATIONAL OFFICER, SULTHANBATHERY, KERALA 673 122.

¶586

BY ADVS.

¶587

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶588

- 43 -

¶589

W.A.No.173 of 2019 & connected cases

¶590

RESPONDENT/S:

¶591

ST.MARY S ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, CHETTAPPALAM P.O., WAYANAD , KERALA 673 579.

¶592

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶593

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶594

- 44 -

¶595

W.A.No.173 of 2019 & connected cases

¶596

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶597

PRESENT

¶598

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶599

&

¶600

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶601

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶602

WA.No.297 OF 2019

¶603

AGAINST THE ORDER/JUDGMENT IN WP(C) 33678/2017(H) OF HIGH COURT OF KERALA

¶604

APPELLANT/S:

¶605

1 THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKKARA CIVIL STATION, ERNAKULAM - 682 030.

¶606

2 THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM - 686 691.

¶607

3 THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR - 683 542.

¶608

4 STATE OF KERALA

¶609

REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, 2ND FLOOR, SECRETARIAT ANNEX, THIRUVANANTHAPURAM - 695 001.

¶610

BY ADVS.

¶611

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶612

RESPONDENT/S:

¶613

1 PENIEL MISSIONARY FELLOWSHIP REPRESENTED BY ITS SECRETARY, PENIELPURAM, KEEZHILLAM.P.O., ERNAKULAM - 683 541.

¶614

- 45 -

¶615

W.A.No.173 of 2019 & connected cases

¶616

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶617

BY ADV. SRI NIRMAL S. (B/O)

¶618

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶619

- 46 -

¶620

W.A.No.173 of 2019 & connected cases

¶621

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶622

PRESENT

¶623

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶624

&

¶625

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶626

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶627

WA.No.298 OF 2019

¶628

AGAINST THE ORDER/JUDGMENT IN WP(C) 13884/2018(I) OF HIGH COURT OF KERALA

¶629

APPELLANT/S:

¶630

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶631

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶632

3 DEPUTY DIRECTOR OF EDUCATION, WAYANADU, CIVIL STATION, KALPETTA NORTH, WAYANADU-673122.

¶633

4 DISTRICT EDUCATIONAL OFFICER, WAYANADU, CIVIL STATION, KALPETTA NORTH, WAYANADU-673122.

¶634

5 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF AEO, MANANTHAVADY, WAYANAD DISTRICT-670645.

¶635

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶636

- 47 -

¶637

W.A.No.173 of 2019 & connected cases

¶638

RESPONDENT/S:

¶639

THE MANAGER,

¶640

ST.MARYS ENGLISH SCHOOL, CHEROOR, PAYYAMPALLY.P.O, MANANTHVADY ,WAYANAD DISTRICT-670645.

¶641

BY ADV. SRI.MATHEW KURIAKOSE

¶642

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶643

- 48 -

¶644

W.A.No.173 of 2019 & connected cases

¶645

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶646

PRESENT

¶647

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶648

&

¶649

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶650

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶651

WA.No.302 OF 2019

¶652

AGAINST THE ORDER/JUDGMENT IN WP(C) 29791/2017(Y) OF HIGH COURT OF KERALA

¶653

APPELLANT/S:

¶654

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶655

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶656

3 THE DISTRICT EDUCATIONAL OFFICER IRITTY, KANNUR DISTRICT - 670 703.

¶657

BY ADVS.

¶658

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶659

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶660

RESPONDENT/S:

¶661

1 GLOBAL INDIA PUBLIC SCHOOL, IRITTY, VILAKKODE P.O., KANNUR DISTRICT - 670 703, REPRESENTED BY ITS MANAGER K.V.RASHEED, AGED 40 YEARS, S/O.HSIR MUHAMMADALI M.K., (RESIDING AT M.K.HOUSE, VILAKKODE P.O., KANNUR DISTRICT - 670 703.

¶662

- 49 -

¶663

W.A.No.173 of 2019 & connected cases

¶664

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.

¶665

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶666

- 50 -

¶667

W.A.No.173 of 2019 & connected cases

¶668

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶669

PRESENT

¶670

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶671

&

¶672

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶673

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶674

WA.No.303 OF 2019

¶675

AGAINST THE ORDER/JUDGMENT IN WP(C) 6978/2018(V) OF HIGH COURT OF KERALA

¶676

APPELLANT/S:

¶677

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶678

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶679

3 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, KERALA - 689 654.

¶680

4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, KERALA - 689 654.

¶681

5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA, KERALA - 689 101.

¶682

BY ADVS.

¶683

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶684

W.A.No.173 of 2019 & - 51 - connected cases

¶685

RESPONDENT/S:

¶686

1 BASILIAN PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, PALIAKARA.P.O, THIRUVALLA, PATHANAMTHITTA, KERALA - 689 101.

¶687

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.

¶688

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶689

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶690

- 52 -

¶691

W.A.No.173 of 2019 & connected cases

¶692

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶693

PRESENT

¶694

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶695

&

¶696

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶697

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶698

WA.No.304 OF 2019

¶699

AGAINST THE ORDER/JUDGMENT IN WP(C) 21841/2017(E) OF HIGH COURT OF KERALA

¶700

APPELLANT/S:

¶701

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶702

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 006.

¶703

3 DEPUTY DIRECTOR OF EDUCATION

¶704

KOZHIKODE - 673 002.

¶705

4 ASSISTANT EDUCATIONAL OFFICER PERAMBRA, KOZHIKODE DISTRICT - 673 525.

¶706

BY ADVS.

¶707

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶708

RESPONDENT/S:

¶709

1 MAHATMA VIDYA NIKETHAN PUBLIC SCHOOL, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT, REPRESENTED BY ITS MANAGER, SANKARAN, AGED 56 YEARS, S/O. KUNHIRAMAN, PARAPPILLIL HOUSE, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT - 673 614.

¶710

- 53 -

¶711

W.A.No.173 of 2019 & connected cases

¶712

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶713

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 304/2019.

¶714

BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SRI.NIRMAL S., SC, CBSE

¶715

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶716

- 54 -

¶717

W.A.No.173 of 2019 & connected cases

¶718

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶719

PRESENT

¶720

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶721

&

¶722

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶723

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶724

WA.No.307 OF 2019

¶725

AGAINST THE ORDER/JUDGMENT IN WP(C) 10817/2018(B) OF HIGH COURT OF KERALA

¶726

APPELLANT/S:

¶727

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶728

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶729

3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, THODUPUZHA, KERALA - 685 584.

¶730

4 THE DEPUTY DIRECTOR OF EDUCATION DISTRICT EDUCATIONAL OFFICE, THODUPUZHA, KERALA - 685 584.

¶731

5 THE ASSISTANT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, THODUPUZHA,

¶732

KERALA - 685 584.

¶733

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶734

RESPONDENT/S:

¶735

1 ST.THOMAS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, MAVADI.P.O., IDUKKI, KERALA - 627 201.

¶736

- 55 -

¶737

W.A.No.173 of 2019 & connected cases

¶738

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶739

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 307/2019.

¶740

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR SRI.NIRMAL S., SC, CBSE

¶741

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶742

- 56 -

¶743

W.A.No.173 of 2019 & connected cases

¶744

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶745

PRESENT

¶746

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶747

&

¶748

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶749

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶750

WA.No.309 OF 2019

¶751

AGAINST THE ORDER/JUDGMENT IN WP(C) 41765/2017(U) OF HIGH COURT OF KERALA

¶752

APPELLANT/S:

¶753

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶754

2 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, KOZHIKODE DISTRICT - 673 001.

¶755

3 THE ASSISTANT EDUCATIONAL OFFICER KUNNUMMAL, KOZHIKODE, KOZHIKODE DISTRICT - 673 507.

¶756

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶757

RESPONDENT/S:

¶758

1 THE MANAGER, STELLA MARIS SCHOOL, KALLACHI, VILLANGAD P.O., KOZHIKODE DISTRICT - 673 506.

¶759

- 57 -

¶760

W.A.No.173 of 2019 & connected cases

¶761

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶762

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 309/2019.

¶763

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶764

- 58 -

¶765

W.A.No.173 of 2019 & connected cases

¶766

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶767

PRESENT

¶768

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶769

&

¶770

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶771

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶772

WA.No.317 OF 2019

¶773

AGAINST THE ORDER/JUDGMENT IN WP(C) 7630/2018(C) OF HIGH COURT OF KERALA

¶774

APPELLANT/S:

¶775

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶776

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶777

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, SECOND FLOOR, CIVIL STATION, AYANTHOL, THRISSUR DISTRICT - 680 003.

¶778

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶779

RESPONDENT/S:

¶780

1 AURA EDIFY GLOBAL SCHOOL, REPRESENTED BY ITS MANAGER ABDUL AKBAR, AGED 58 YEARS, S/O. M.K. ABDUL KHADER, SITUATED NEAR PULLUT BRIDGE, KODUNGALLUR IN THRISSUR DISTRICT - 680 663, (RESIDING AT MANDAYAPURATH HOUSE, P.O. MADAVANA, KODUNGALLUR, THRISSUR DISTRICT, KERALA - 680 666).

¶781

- 59 -

¶782

W.A.No.173 of 2019 & connected cases

¶783

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.

¶784

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 317/2019.

¶785

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶786

- 60 -

¶787

W.A.No.173 of 2019 & connected cases

¶788

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶789

PRESENT

¶790

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶791

&

¶792

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶793

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶794

WA.No.318 OF 2019

¶795

AGAINST THE ORDER/JUDGMENT IN WP(C) 37145/2017(P) OF HIGH COURT OF KERALA

¶796

APPELLANT/S:

¶797

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶798

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶799

3 THE DEPUTY DIRECTOR OF EDUCATION THRIKKAKARA CIVIL STATION, KOCHI-682030.

¶800

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶801

RESPONDENT/S:

¶802

1 MANAGER, GRACE PUBLIC SCHOOL, ILLATHUPADI, EDAVANAKKAD.P.O., ERNAKULAM DISTRICT-682502.

¶803

- 61 -

¶804

W.A.No.173 of 2019 & connected cases

¶805

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶806

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 318/2019.

¶807

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶808

- 62 -

¶809

W.A.No.173 of 2019 & connected cases

¶810

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶811

PRESENT

¶812

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶813

&

¶814

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶815

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶816

WA.No.319 OF 2019

¶817

AGAINST THE ORDER/JUDGMENT IN WP(C) 22236/2017(D) OF HIGH COURT OF KERALA

¶818

APPELLANT/S:

¶819

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N)DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶820

2 THE DIRECTOR OF PUBLC INSTRRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶821

3 THE DISTRICT EDUCATION OFFICER, THRSSIR-680020.

¶822

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶823

RESPONDENT/S:

¶824

1 THE GLOBAL PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER ABDUL MAJEED, S/O.LATE ABDUL KHADER, CHERPPU WEST POST, THRISSUR DISTRICT-680563, (RESIDING AT PALIYATHAZHATHU HOUSE, CHERPPU WEST POST, THRISSUR DISTRICT-680563).

¶825

- 63 -

¶826

W.A.No.173 of 2019 & connected cases

¶827

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶828

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 319/2019.

¶829

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶830

- 64 -

¶831

W.A.No.173 of 2019 & connected cases

¶832

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶833

PRESENT

¶834

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶835

&

¶836

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶837

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶838

WA.No.321 OF 2019

¶839

AGAINST THE ORDER/JUDGMENT IN WP(C) 6980/2018(V) OF HIGH COURT OF KERALA

¶840

APPELLANT/S:

¶841

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶842

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

¶843

3 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, KERALA 689 654.

¶844

4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, KERALA 689 654.

¶845

5 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, KERALA - 689 654.

¶846

BY ADVS.

¶847

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶848

RESPONDENT/S:

¶849

1 ST. THOMAS BETHANY CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER, ELANTHOOR P.O., PATHANAMTHITTA, KERALA - 689 643.

¶850

- 65 -

¶851

W.A.No.173 of 2019 & connected cases

¶852

2 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 031.

¶853

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶854

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶855

- 66 -

¶856

W.A.No.173 of 2019 & connected cases

¶857

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶858

PRESENT

¶859

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶860

&

¶861

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶862

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶863

WA.No.322 OF 2019

¶864

¶865

APPELLANT/S:

¶866

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶867

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶868

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM DISTRICT- 691001.

¶869

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, CHATHANNOOR, KOLLAM- 691512.

¶870

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶871

RESPONDENT/S:

¶872

1 VASANTHALEKSHMI.K, MANAGER, MAHATMA L.P.SCHOOL, NADUVILAKKARA, PULLICHIRA P.O., KOLLAM DISTRICT- 691304.

¶873

- 67 -

¶874

W.A.No.173 of 2019 & connected cases

¶875

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN,SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)

¶876

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶877

- 68 -

¶878

W.A.No.173 of 2019 & connected cases

¶879

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶880

PRESENT

¶881

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶882

&

¶883

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶884

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶885

WA.No.324 OF 2019

¶886

AGAINST THE ORDER/JUDGMENT IN WP(C) 34872/2017(H) OF HIGH COURT OF KERALA

¶887

APPELLANT/S:

¶888

1 STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.

¶889

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶890

3 THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA,OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRITHALA IN PALAKKAD DISTRICT-679534.

¶891

BY ADVS.

¶892

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶893

RESPONDENT/S:

¶894

1 AL AMEEN CENTRAL SCHOOL SITUATED AT PERINGOD KOOTTANAD IN PALAKKAD DISTRICT-679 535, REPRESENTED BY ITS MANAGER, MR.JAMES VARGHESE, S/O SRI.JOY VARGHESE, RESIDING AT PAULS VILLA, PRATHIBHA NAGAR, LINE 111, KALMANDAPAM P.O.PALAKKAD DISTRICT.

¶895

- 69 -

¶896

W.A.No.173 of 2019 & connected cases

¶897

2 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANISATION UNDER THE UNION MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA),REP.BY ITS SECRETARY,SHIKSHA KENDRA,2,COMMUNITY CENTRE,PREET VIHAR, VIKAS MARG,DELHI-110092.

¶898

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶899

- 70 -

¶900

W.A.No.173 of 2019 & connected cases

¶901

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶902

PRESENT

¶903

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶904

&

¶905

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶906

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶907

W.A.No.325 OF 2019

¶908

AGAINST THE ORDER/JUDGMENT IN WP(C) 10812/2018(B) OF HIGH COURT OF KERALA

¶909

APPELLANT/S:

¶910

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶911

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶912

3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE-673001.

¶913

4 THE DISTRICT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE-673001.

¶914

5 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, FEROKE, KOZHIKODE-673631.

¶915

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶916

- 71 -

¶917

W.A.No.173 of 2019 & connected cases

¶918

RESPONDENT/S:

¶919

1 THE WINSTON L P SCHOOL PETTA,FEROKE,KOZHIKODE-673631.REPRESENTED BY ITS MANAGER FATHIMA MOIDEEN.

¶920

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶921

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 325/2019.

¶922

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶923

- 72 -

¶924

W.A.No.173 of 2019 & connected cases

¶925

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶926

PRESENT

¶927

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶928

&

¶929

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶930

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶931

WA.No.327 OF 2019

¶932

AGAINST THE ORDER/JUDGMENT IN WP(C) 16311/2018(L) OF HIGH COURT OF KERALA

¶933

APPELLANT/S:

¶934

STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT ,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.

¶935

BY ADVS.

¶936

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶937

RESPONDENT/S:

¶938

1 MANAGER, LITTLE BUDS ENGLISH MEDIUM SCHOOL, ANGADIKADAVU P.O, IRITTY, KANNUR DISTRICT, PIN-670706.

¶939

2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301, REPRESENTED BY ITS SECRETARY.

¶940

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶941

- 73 -

¶942

W.A.No.173 of 2019 & connected cases

¶943

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶944

PRESENT

¶945

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶946

&

¶947

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶948

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶949

WA.No.328 OF 2019

¶950

AGAINST THE ORDER/JUDGMENT IN WP(C) 34333/2017(N) OF HIGH COURT OF KERALA

¶951

APPELLANT/S:

¶952

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶953

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶954

3 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, THRIKKAKARA, COCHIN-682030.

¶955

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶956

RESPONDENT/S:

¶957

1 THE MANAGER SNM PUBLIC SCHOOL, MOOTHAKUNNAM, MOOTHAKUNNAM P.O, ERNAKULAM-683516.

¶958

- 74 -

¶959

W.A.No.173 of 2019 & connected cases

¶960

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 328/2019)

¶961

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶962

- 75 -

¶963

W.A.No.173 of 2019 & connected cases

¶964

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶965

PRESENT

¶966

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶967

&

¶968

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶969

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶970

WA.No.329 OF 2019

¶971

AGAINST THE ORDER/JUDGMENT IN WP(C) 11825/2018(C) OF HIGH COURT OF KERALA

¶972

APPELLANT/S:

¶973

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶974

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM -695001.

¶975

3 DISTRICT EDUCATION OFFICER,ATTINGAL-695101.

¶976

BY ADVS.

¶977

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶978

RESPONDENT/S:

¶979

1 THE MANAGER NOOR-UL-HUDA, ENGLISH MEDIUM SCHOOL MANJAPPARA, THIRUVANANTHAPURAM DISTRICT-691533.

¶980

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 329/2019)

¶981

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶982

- 76 -

¶983

W.A.No.173 of 2019 & connected cases

¶984

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶985

PRESENT

¶986

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶987

&

¶988

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶989

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶990

WA.No.333 OF 2019

¶991

AGAINST THE ORDER/JUDGMENT IN WP(C) 7535/2018(N) OF HIGH COURT OF KERALA

¶992

APPELLANT/S:

¶993

1 STATE OF KERALA

¶994

REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶995

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶996

3 THE ASSISTANT EDUCATIONAL OFFICER, ADOOR, PATHANAMTHITTA-689694.

¶997

BY ADVS.

¶998

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶999

RESPONDENT/S:

¶1000

MOUNT CARMEL CMI CENTRAL SCHOOL REPRESENTED BY ITS MANAGER, FR.JOSE JOSEPH, ENATTU, ADOOR, PATHANAMTHITTA-691526.

¶1001

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1002

- 77 -

¶1003

W.A.No.173 of 2019 & connected cases

¶1004

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1005

PRESENT

¶1006

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1007

&

¶1008

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1009

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1010

WA.No.339 OF 2019

¶1011

AGAINST THE ORDER/JUDGMENT IN WP(C) 750/2018(P) OF HIGH COURT OF KERALA

¶1012

APPELLANT/S:

¶1013

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶1014

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695001.

¶1015

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM, KERALA-695001.

¶1016

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, KERALA-695001.

¶1017

5 THE ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA,THIRUVANANTHAPURAM-695121.

¶1018

BY ADVS.

¶1019

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1020

- 78 -

¶1021

W.A.No.173 of 2019 & connected cases

¶1022

RESPONDENT/S:

¶1023

1 ST. THOMAS BETHANY ENGLISH MEDIUM L.P.SCHOOL, REPRESENTED BY ITS HEASMISTRESS, KURISADIMUKKI, KULATHAMAL, NEYYATTINKARA, THIRUVANANTHAPURAM, KERALA-695122.

¶1024

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1025

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 339/2019.

¶1026

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1027

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1028

- 79 -

¶1029

W.A.No.173 of 2019 & connected cases

¶1030

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1031

PRESENT

¶1032

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1033

&

¶1034

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1035

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1036

WA.No.340 OF 2019

¶1037

AGAINST THE ORDER/JUDGMENT IN WP(C) 36335/2017(N) OF HIGH COURT OF KERALA

¶1038

APPELLANT/S:

¶1039

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX. THIRUVANANTHAPURAM-695001.

¶1040

2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014.

¶1041

3 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD DISTRICT-678001.

¶1042

4 THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD, PALAKKAD DISTRICT-678582.

¶1043

5 THE ASSISTANT EDUCATIONAL OFFICER, CHERPLASSERY, PALAKKAD DISTRICT-679503.

¶1044

BY ADVS.

¶1045

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1046

- 80 -

¶1047

W.A.No.173 of 2019 & connected cases

¶1048

RESPONDENT/S:

¶1049

1 THE MANAGER, NUSRATHUL ISLAM ENGLISH MEDIUM SCHOOL, PALAKKAD, PALAKKAD DISTRICT-678595.

¶1050

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1051

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 340/2019.

¶1052

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-072019 DELIVERED THE FOLLOWING:

¶1053

- 81 -

¶1054

W.A.No.173 of 2019 & connected cases

¶1055

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1056

PRESENT

¶1057

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1058

&

¶1059

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1060

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1061

WA.No.345 OF 2019

¶1062

AGAINST THE ORDER/JUDGMENT IN WP(C) 25809/2017(A) OF HIGH COURT OF KERALA

¶1063

APPELLANT/S:

¶1064

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001

¶1065

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM-695 014

¶1066

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM

¶1067

4 ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM

¶1068

BY ADVS.

¶1069

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1070

RESPONDENT/S:

¶1071

1 MANAGER, ST.GEORGE CENTRAL SCHOOL, EX-SERVICEMEN'S COLONY, KULATHUPUZHA, KOLLAM-691 310

¶1072

- 82 -

¶1073

W.A.No.173 of 2019 & connected cases

¶1074

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1075

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 345/2019.

¶1076

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1077

- 83 -

¶1078

W.A.No.173 of 2019 & connected cases

¶1079

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1080

PRESENT

¶1081

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1082

&

¶1083

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1084

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1085

WA.No.346 OF 2019

¶1086

AGAINST THE ORDER/JUDGMENT IN WP(C) 39314/2017(L) OF HIGH COURT OF KERALA

¶1087

APPELLANT/S:

¶1088

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.

¶1089

2 THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM-673 001.

¶1090

3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE AEO, MANKADA, MALAPPURAM.

¶1091

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1092

RESPONDENT/S:

¶1093

1 THE CHAIRMAN/CONVENOR, AL MADHEENA ENGLISH MEDIUM PRE-PRIMARY SCHOOL, VADAKKANGARA P.O., MANKADA VIA, MALAPPURAM-679 324.

¶1094

- 84 -

¶1095

W.A.No.173 of 2019 & connected cases

¶1096

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1097

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 346/2019.

¶1098

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1099

- 85 -

¶1100

W.A.No.173 of 2019 & connected cases

¶1101

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1102

PRESENT

¶1103

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1104

&

¶1105

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1106

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1107

WA.No.347 OF 2019

¶1108

AGAINST THE ORDER/JUDGMENT IN WP(C) 28877/2017(H) OF HIGH COURT OF KERALA

¶1109

APPELLANT/S:

¶1110

1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1111

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-01.

¶1112

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.

¶1113

4 THE ASSISTANT EDUCATIONAL OFFFICER, OFFICE OF THE AEO, KODUVALLY, KOZHIKODE DISTRICT-673572.

¶1114

BY ADVS.

¶1115

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1116

RESPONDENT/S:

¶1117

1 THE MANAGER, MES CENTRAL SCHOOL, PALANGAD, P.O.PNNIKKOTTUR, KODUVALLY VIA, KOZHIKODE DISTRICT-673 572.

¶1118

- 86 -

¶1119

W.A.No.173 of 2019 & connected cases

¶1120

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN I.A.NO. 2 OF 2019).

¶1121

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1122

- 87 -

¶1123

W.A.No.173 of 2019 & connected cases

¶1124

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1125

PRESENT

¶1126

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1127

&

¶1128

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1129

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1130

WA.No.348 OF 2019

¶1131

AGAINST THE ORDER/JUDGMENT IN WP(C) 30767/2017(U) OF HIGH COURT OF KERALA

¶1132

APPELLANT/S:

¶1133

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1134

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶1135

3 THE DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATIONAL OFFICE, IRINJALAKKUDA-680 121.

¶1136

4 THE ASSISTANT EDUCATIONAL OFIFCER AEO OFFICE, MALA P.O., THRISSUR DISTRICT-680 732.

¶1137

BY ADVS.

¶1138

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1139

RESPONDENT/S:

¶1140

1 ST.JOSEPH OF TARBES SCHOOL KUNDOOR, KUNDOOR P.O., THIRUMANKULAM VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT- 680 734, REPRESENTED BY ITS MANAGER SR.LILLY C.I.

¶1141

- 88 -

¶1142

W.A.No.173 of 2019 & connected cases

¶1143

2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1144

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 348/2019.

¶1145

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1146

- 89 -

¶1147

W.A.No.173 of 2019 & connected cases

¶1148

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1149

PRESENT

¶1150

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1151

&

¶1152

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1153

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1154

WA.No.349 OF 2019

¶1155

AGAINST THE ORDER/JUDGMENT IN WP(C) 9015/2018(B) OF HIGH COURT OF KERALA

¶1156

APPELLANT/S:

¶1157

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶1158

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE-695 001.

¶1159

3 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-690 101, KERALA.

¶1160

4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-690 101, KERALA.

¶1161

5 THE ASSISTANT EDUCATIONAL OFFICER PULLAD, PATHANAMTHITTA-690 101, KERALA.

¶1162

BY ADVS.

¶1163

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1164

RESPONDENT/S:

¶1165

1 ST. MARYS CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER, WEST OTHERA P.O., THIRUVALLA, KERALA, POSTAL CODE-689 551.

¶1166

- 90 -

¶1167

W.A.No.173 of 2019 & connected cases

¶1168

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶1169

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1170

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1171

- 91 -

¶1172

W.A.No.173 of 2019 & connected cases

¶1173

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1174

PRESENT

¶1175

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1176

&

¶1177

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1178

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1179

WA.No.350 OF 2019

¶1180

AGAINST THE ORDER/JUDGMENT IN WP(C) 25211/2017(B) OF HIGH COURT OF KERALA

¶1181

APPELLANT/S:

¶1182

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1183

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

¶1184

3 THE ASSISTANT EDUCATIONAL OFFICER, KOYILANDY SUB DISTRICT, KOZHIKODE DISTRICT-673305.

¶1185

BY ADVS.

¶1186

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1187

RESPONDENT/S:

¶1188

1 T.K.VASUDEVAN NAIR, THE MANAGER, LOTUS ENGLISH MEDIUM SCHOOL, THIRUVANGOOR, KOZHIKODE DISTRICT-678304.

¶1189

- 92 -

¶1190

W.A.No.173 of 2019 & connected cases

¶1191

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1192

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 350/2019.

¶1193

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1194

- 93 -

¶1195

W.A.No.173 of 2019 & connected cases

¶1196

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1197

PRESENT

¶1198

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1199

&

¶1200

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1201

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1202

WA.No.352 OF 2019

¶1203

AGAINST THE ORDER/JUDGMENT IN WP(C) 18638/2017(D) OF HIGH COURT OF KERALA

¶1204

APPELLANT/S:

¶1205

1 THE ASSISTANT EDUCATIONAL OFFICER,BEKAL,KASARGOD BEKAL, KASARAGOD - 671 121.

¶1206

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD - 671 121.

¶1207

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD - 671 121.

¶1208

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

¶1209

5 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1210

BY ADVS.

¶1211

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1212

RESPONDENT/S:

¶1213

1 ABDUL RAHIMAN HAIDER HAJI, PRESIDENT, CHERUMBA HAYATHUL ISLAM, JAMA-ATH COMMITTEE AND MANAGER, CHERUMBA JAMA-ATH ENGLISH MEDIUM SCHOOL, PANAYAL.P.O, BEKAL, KASARAGOD - 671 318.

¶1214

- 94 -

¶1215

W.A.No.173 of 2019 & connected cases

¶1216

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 119 092.

¶1217

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 1/2019 IN WA NO. 352/2019.

¶1218

BY ADV. SRI.M.SASINDRAN

¶1219

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1220

- 95 -

¶1221

W.A.No.173 of 2019 & connected cases

¶1222

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1223

PRESENT

¶1224

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1225

&

¶1226

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1227

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1228

WA.No.354 OF 2019

¶1229

¶1230

APPELLANT/S:

¶1231

1 GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1232

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014

¶1233

3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673 601

¶1234

4 THE ASSISTANT EDUCATIONAL OFFICER AEO OFFICE, PERAMBRA, KOZHIKODE-673 525

¶1235

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1236

RESPONDENT/S:

¶1237

1 NATIONAL PUBLIC SCHOOL, KOORACHUND-KALLANODE RD, KOORACHUND P.O, KANTHALAD, KOZHIKODE DISTRICT, PIN-673 527 REPRESENTED BY ITS MANAGER, SRI.MATHEW ALEX.

¶1238

- 96 -

¶1239

W.A.No.173 of 2019 & connected cases

¶1240

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶1241

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 354/2019.

¶1242

BY ADVS. SRI.SANTHARAM.P SRI.K.A.MOHAMED HARIS SMT.REKHA ARAVIND GOVERNMENT PLEADER

¶1243

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1244

- 97 -

¶1245

W.A.No.173 of 2019 & connected cases

¶1246

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1247

PRESENT

¶1248

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1249

&

¶1250

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1251

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1252

WA.No.355 OF 2019

¶1253

AGAINST THE ORDER/JUDGMENT IN WP(C) 37056/2017(F) OF HIGH COURT OF KERALA

¶1254

APPELLANT/S:

¶1255

1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1256

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014.

¶1257

3 THE ASSISTANT EDUCATIONAL OFFICER PONNANI, MALAPPURAM DISTRICT.

¶1258

BY ADVS.

¶1259

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1260

RESPONDENT/S:

¶1261

1 THE HEAD MASTER MI ENGLISH MEDIUM SCHOOL, KANHIRAMUKKU, PONNANI, MALAPPURAM DISTRICT-679583.

¶1262

- 98 -

¶1263

W.A.No.173 of 2019 & connected cases

¶1264

2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.2/2019 IN WA.355/2019).

¶1265

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1266

- 99 -

¶1267

W.A.No.173 of 2019 & connected cases

¶1268

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1269

PRESENT

¶1270

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1271

&

¶1272

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1273

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1274

WA.No.356 OF 2019

¶1275

AGAINST THE ORDER/JUDGMENT IN WP(C) 12249/2018(E) OF HIGH COURT OF KERALA

¶1276

APPELLANT/S:

¶1277

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1278

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695001.

¶1279

3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT EDUCATION OFFICE, THAVAKKARA, KANNUR-670002.

¶1280

4 THE ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, KANNUR DISTRICT-670593.

¶1281

BY ADVS.

¶1282

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1283

RESPONDENT/S:

¶1284

1 MARKAZ ENGLISH SCHOOL, MARKAZ NAGAR, KOYYOM P.O., KANNUR-670142, REPRESENTED BY ITS MANAGER, P.P.MOHAMMED, S/O.ABDUL KHADER.

¶1285

- 100 -

¶1286

W.A.No.173 of 2019 & connected cases

¶1287

2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.

¶1288

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 2/2019 IN WA NO. 356/2019.

¶1289

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1290

- 101 -

¶1291

W.A.No.173 of 2019 & connected cases

¶1292

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1293

PRESENT

¶1294

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1295

&

¶1296

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1297

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1298

WA.No.361 OF 2019

¶1299

AGAINST THE ORDER/JUDGMENT IN WP(C) 10603/2018(A) OF HIGH COURT OF KERALA

¶1300

APPELLANT/S:

¶1301

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶1302

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695001.

¶1303

3 THE DISTRICT EDUCATIONAL OFFICER, STATUE JUNCTION, THIRUVANANTHAPURAM- 695001.

¶1304

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1305

RESPONDENT/S:

¶1306

1 ISA VISWA VIDYALAYAM, ANAYARA P.O., THIRUVANANTHAPURAM- 29, REPRESENTED BY ITS MANAGER SOBHA K.R., D/O.RAJAMMA, ISALAYAM, KADAKAMPALLY LANE, ANAYARA P.O., PETTA, THIRUVANANTHAPURAM-29.

¶1307

- 102 -

¶1308

W.A.No.173 of 2019 & connected cases

¶1309

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1310

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 361/2019.

¶1311

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1312

- 103 -

¶1313

W.A.No.173 of 2019 & connected cases

¶1314

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1315

PRESENT

¶1316

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1317

&

¶1318

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1319

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1320

WA.No.362 OF 2019

¶1321

AGAINST THE ORDER/JUDGMENT IN WP(C) 18640/2017(D) OF HIGH COURT OF KERALA

¶1322

APPELLANT/S:

¶1323

1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD-671121.

¶1324

2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD-671121.

¶1325

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶1326

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

¶1327

5 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1328

6 THE ASSISTANT EDUCATIONAL OFFICER, MANJESHWAR, KASARAGOD-671121.

¶1329

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1330

- 104 -

¶1331

W.A.No.173 of 2019 & connected cases

¶1332

RESPONDENT/S:

¶1333

1 LEENAMMA THOMAS, W/O.MANI T. JOHN, SECRETARY, ALPHA EDUCATION TRUST AND MANAGER, ALPHA ENGLISH MEDIUM SCHOOL, POVVAL P.O., MULIYAR, KASARAGOD.

¶1334

2 RAGHAVA CHERAL, S/O. KUNA BHADARY, MANAGER, CHERAL ENGLISH MEDIUM SCHOOL, BAYAR P.O, CHIPPAR-671322, KASARAGOD.

¶1335

3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1336

ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 362/2019.

¶1337

BY ADV. SRI.M.SASINDRAN

¶1338

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1339

- 105 -

¶1340

W.A.No.173 of 2019 & connected cases

¶1341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1342

PRESENT

¶1343

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1344

&

¶1345

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1346

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1347

WA.No.363 OF 2019

¶1348

AGAINST THE ORDER/JUDGMENT IN WP(C) 37442/2017(E) OF HIGH COURT OF KERALA

¶1349

APPELLANT/S:

¶1350

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1351

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶1352

3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD-682030,

¶1353

4 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682001.

¶1354

5 THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERY-682002.

¶1355

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1356

RESPONDENT/S:

¶1357

1 MANAGER,VIDYADHANAM PUBLIC SCHOOL, MATTANCHERY, ERNAKULAM DISTRICT-682002.

¶1358

- 106 -

¶1359

W.A.No.173 of 2019 & connected cases

¶1360

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1361

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 363/2019.

¶1362

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1363

- 107 -

¶1364

W.A.No.173 of 2019 & connected cases

¶1365

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1366

PRESENT

¶1367

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1368

&

¶1369

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1370

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1371

WA.No.365 OF 2019

¶1372

AGAINST THE ORDER/JUDGMENT IN WP(C) 18334/2017(N) OF HIGH COURT OF KERALA

¶1373

APPELLANT/S:

¶1374

1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶1375

2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶1376

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT-671121.

¶1377

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶1378

5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1379

BY ADVS.

¶1380

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1381

RESPONDENT/S:

¶1382

1 S.H.HAMEED, SECRETARY, SANDESHAM YUVA PRATHIBHA KALAKAYIKA SAMSAKARIKA SANGADANA AND MANAGER, SANDESHAM ENGLISH MEDIUM SCHOOL, CHOWKI, KASARAGOD DISTRICT-671121.

¶1383

- 108 -

¶1384

W.A.No.173 of 2019 & connected cases

¶1385

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1386

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 365/2019.

¶1387

BY ADV. SRI.M.SASINDRAN

¶1388

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1389

- 109 -

¶1390

W.A.No.173 of 2019 & connected cases

¶1391

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1392

PRESENT

¶1393

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1394

&

¶1395

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1396

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1397

WA.No.366 OF 2019

¶1398

AGAINST THE ORDER/JUDGMENT IN WP(C) 41413/2017(B) OF HIGH COURT OF KERALA

¶1399

APPELLANT/S:

¶1400

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM695001.

¶1401

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶1402

3 THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683101.

¶1403

4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM -682011.

¶1404

5 THE ASSISTANT EDUCATION OFFICER, ALUVA-683101.

¶1405

BY ADVS.

¶1406

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1407

RESPONDENT/S:

¶1408

1 NAGLE VIDHYA BHAVAN PRESENTATION CONVENT SCHOOL, REPRESENTED BY ITS MANAGER, KANJOOR(P.O), ANGAMALY, ALUVA, KERALA-683575.

¶1409

- 110 -

¶1410

W.A.No.173 of 2019 & connected cases

¶1411

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA.2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶1412

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1413

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1414

- 111 -

¶1415

W.A.No.173 of 2019 & connected cases

¶1416

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1417

PRESENT

¶1418

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1419

&

¶1420

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1421

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1422

WA.No.367 OF 2019

¶1423

AGAINST THE ORDER/JUDGMENT IN WP(C) 41675/2017(H) OF HIGH COURT OF KERALA

¶1424

APPELLANT/S:

¶1425

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1426

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-01.

¶1427

3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY(PO),KOLLAM DISTRICT.

¶1428

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, VELIYAM, ODANAVATTOM P.O, KOLLAM DISTRICT-691512.

¶1429

5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, VALAKODY P.O., KOLLAM DISTRICT, PIN-691331.

¶1430

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1431

RESPONDENT/S:

¶1432

1 THE MANAGER, VIDHYODAYA ENGLISH MEDIUM SCHOOL, CHEPRA P.O, KOLLAM, KOLLAM DISTRICT-691520.

¶1433

- 112 -

¶1434

W.A.No.173 of 2019 & connected cases

¶1435

2 THE MANAGER,

¶1436

LITTLE FLOWER LOWER PRIMARY SCHOOL,P PERINTHOYIL, KARAVOOR P.O, KOLLAM DISTRICT-689696.

¶1437

3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R3 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)

¶1438

4 ADDL.R4 J LEELA AGED 72 YEARS

¶1439

W/O LATE SASIDHARAN, MANAGER, LITTLE FLOWER LOWER PRIMARY SCHOOL, PERINTHYOIL, KARAVOOR PO, PUNALUR, KOLLAM DISTRICT, RESIDING AT SREE REVATHY, PUNALURE, KOLLAM DISTRICT. (ADDL.R4 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.03/2019)

¶1440

BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE

¶1441

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1442

- 113 -

¶1443

W.A.No.173 of 2019 & connected cases

¶1444

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1445

PRESENT

¶1446

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1447

&

¶1448

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1449

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1450

WA.No.368 OF 2019

¶1451

AGAINST THE ORDER/JUDGMENT IN WP(C) 30823/2017(C) OF HIGH COURT OF KERALA

¶1452

APPELLANT/S:

¶1453

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,

¶1454

THIRUVANANTHAPURAM- 695001.

¶1455

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶1456

3 THE DEPUTY DIRECTOR OF EDUCATION, CHALAKKUDY, THRISSUR- 680307.

¶1457

4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT- 680121.

¶1458

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA- 680121.

¶1459

BY ADVS.

¶1460

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1461

- 114 -

¶1462

W.A.No.173 of 2019 & connected cases

¶1463

RESPONDENT/S:

¶1464

1 THE MANAGER, ST.XAVIERS CMI SCHOOL, PULLUR, THRISSUR DISTRICT680683.

¶1465

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶1466

BY ADV. SRI NIRMAL S. (B/O)

¶1467

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1468

- 115 -

¶1469

W.A.No.173 of 2019 & connected cases

¶1470

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1471

PRESENT

¶1472

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1473

&

¶1474

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1475

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1476

WA.No.371 OF 2019

¶1477

AGAINST THE ORDER/JUDGMENT IN WP(C) 9949/2018(P) OF HIGH COURT OF KERALA

¶1478

APPELLANT/S:

¶1479

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶1480

2 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKARA, CIVIL STATION, COCHIN-30,

¶1481

3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682035.

¶1482

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM-682035.

¶1483

BY ADVS.

¶1484

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1485

RESPONDENT/S:

¶1486

1 MAMBA'A PUBLIC SCHOOL C.M. NAGAR, KARIMUGAL, KARIMUGAL(P.O), ERNAKULAM, REPRESENTED BY ITS MANAGER,

¶1487

V.M. SHAMSUDHEEN BAADARI-682303.

¶1488

- 116 -

¶1489

W.A.No.173 of 2019 & connected cases

¶1490

2 V.M. SHAMSUDHEEN BADARI, S/O. MOIDEEN, VALLOPILLY HOUSE, KUMARAPURAM(P.O), PALLIKKARA, ERNAKULAM DISTRICT-683565.

¶1491

3 CENTRAL BOARD OF SECONDARY EDUCATION, NEAR LIC, PATTOM, THIRUVANANTHAPURAM-695004.

¶1492

BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH

¶1493

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1494

- 117 -

¶1495

W.A.No.173 of 2019 & connected cases

¶1496

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1497

PRESENT

¶1498

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1499

&

¶1500

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1501

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1502

WA.No.372 OF 2019

¶1503

¶1504

APPELLANT/S:

¶1505

1 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶1506

2 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶1507

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶1508

4 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1509

BY ADVS.

¶1510

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1511

RESPONDENT/S:

¶1512

1 N.P. MUHAMMED SAQUAFI PATHOOR, AGED 42 YEARS, S/O. ABBAS MUSALIYAR, PRESIDENT OF THE KWAJA GARIB NAVAS SANGAM, MANAGER-LATHEEFIYA ENGLISH MEDIUM SCHOOL, SHIRIYA KUNNIL P.O, SHIRIYA-671321, KASARAGOD DISTRICT.

¶1513

- 118 -

¶1514

W.A.No.173 of 2019 & connected cases

¶1515

2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶1516

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 372/2019.

¶1517

BY ADV. SRI.M.SASINDRAN

¶1518

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1519

- 119 -

¶1520

W.A.No.173 of 2019 & connected cases

¶1521

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1522

PRESENT

¶1523

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1524

&

¶1525

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1526

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1527

WA.No.373 OF 2019

¶1528

AGAINST THE ORDER/JUDGMENT IN WP(C) 18119/2017(L) OF HIGH COURT OF KERALA

¶1529

APPELLANT/S:

¶1530

1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1531

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶1532

3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.

¶1533

4 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM PALAKKAD DISTRICT-679101.,

¶1534

5 THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM , PALAKKAD-679101. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1535

RESPONDENT/S:

¶1536

1 ST.JOSEPHS CONVENT ENGLISH MEDIUM SCHOOL, VEETAMPARA, VARODE P.O., OTTAPALAM-VIA, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER.

¶1537

- 120 -

¶1538

W.A.No.173 of 2019 & connected cases

¶1539

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶1540

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 373/2019.

¶1541

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1542

- 121 -

¶1543

W.A.No.173 of 2019 & connected cases

¶1544

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1545

PRESENT

¶1546

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1547

&

¶1548

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1549

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1550

WA.No.374 OF 2019

¶1551

AGAINST THE ORDER/JUDGMENT IN WP(C) 41713/2017(L) OF HIGH COURT OF KERALA

¶1552

APPELLANT/S:

¶1553

1 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, PIN- 680001.

¶1554

2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695001.

¶1555

3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶1556

BY ADVS.

¶1557

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1558

RESPONDENT/S:

¶1559

1 RAMDAS KOTTAYIL, MANAGER, PAZHASSIRAJA SCHOOL, KUTHAMPULLY, THIRUVILWAMALA- 680594.

¶1560

2 CENTRAL BOARD OF SECONDARY EDUCATION, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.

¶1561

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1562

- 122 -

¶1563

W.A.No.173 of 2019 & connected cases

¶1564

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1565

PRESENT

¶1566

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1567

&

¶1568

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1569

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1570

WA.No.375 OF 2019

¶1571

AGAINST THE ORDER/JUDGMENT IN WP(C) 27709/2017(K) OF HIGH COURT OF KERALA

¶1572

APPELLANT/S:

¶1573

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶1574

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM695014.

¶1575

3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT- 673001.

¶1576

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KODUVALLY, KOZHIKODE DISTRICT673572.

¶1577

BY ADVS.

¶1578

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1579

RESPONDENT/S:

¶1580

1 THE MANAGER, IDEAL ENGLISH SCHOOL, KODUVALLY, KOZHIKODE DISTRICT- 673572.

¶1581

- 123 -

¶1582

W.A.No.173 of 2019 & connected cases

¶1583

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶1584

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 375/2019.

¶1585

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1586

- 124 -

¶1587

W.A.No.173 of 2019 & connected cases

¶1588

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1589

PRESENT

¶1590

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1591

&

¶1592

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1593

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1594

WA.No.376 OF 2019

¶1595

AGAINST THE ORDER/JUDGMENT IN WP(C) 18309/2017(K) OF HIGH COURT OF KERALA

¶1596

APPELLANT/S:

¶1597

1 THE ASSISTANT EDUCATIONAL OFFICER BEKAL, KASARAGOD DISTRICT-671121.

¶1598

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.

¶1599

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶1600

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶1601

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1602

BY ADVS.

¶1603

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1604

RESPONDENT/S:

¶1605

1 PRAKASAN.P.K. CHAIRMAN, VIDYANIKETHAN EDUCATIONAL AND PUBLIC CHARITABLE TRUST MANAGER, CHACHAJI ENGLISH, MEDIUM SCHOOL THEKKEPURAM, AJANUR, MANIKOTH, KANHANGAD, KASARAGOD.

¶1606

- 125 -

¶1607

W.A.No.173 of 2019 & connected cases

¶1608

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO .2/2019 IN W.A NO 376/2019)

¶1609

BY ADV. SRI.M.SASINDRAN

¶1610

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1611

- 126 -

¶1612

W.A.No.173 of 2019 & connected cases

¶1613

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1614

PRESENT

¶1615

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1616

&

¶1617

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1618

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1619

WA.No.377 OF 2019

¶1620

AGAINST THE ORDER/JUDGMENT IN WP(C) 7611/2018(B) OF HIGH COURT OF KERALA

¶1621

APPELLANT/S:

¶1622

1 STATE OF KERALA

¶1623

REP.BY ITS SECRETARY,DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶1624

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶1625

3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682011.

¶1626

4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682011.

¶1627

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM-686691.

¶1628

BY ADVS.

¶1629

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1630

RESPONDENT/S:

¶1631

1 ST.GEORGE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, VADATTUPARA, ERNAKULAM,KERALA-686681.

¶1632

- 127 -

¶1633

W.A.No.173 of 2019 & connected cases

¶1634

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO .377/2019)

¶1635

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1636

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1637

- 128 -

¶1638

W.A.No.173 of 2019 & connected cases

¶1639

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1640

PRESENT

¶1641

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1642

&

¶1643

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1644

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1645

WA.No.379 OF 2019

¶1646

AGAINST THE ORDER/JUDGMENT IN WP(C) 10423/2018(C) OF HIGH COURT OF KERALA

¶1647

APPELLANT/S:

¶1648

1 STATE OF KERALA REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 691 001.

¶1649

2 DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.

¶1650

3 ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM DISTRICT - 691 001. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1651

RESPONDENT/S:

¶1652

1 STELLA MARIS E.M.SCHOOL, VALIYELA, KULATHUPUZHA P.O., KOLLAM DISTRICT - 691310, REPRESENTED BY THE MANAGER, SR. GINOY V.C., D/O CHAKKAPPAN, AGED 39 YEARS.

¶1653

- 129 -

¶1654

W.A.No.173 of 2019 & connected cases

¶1655

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 379/2019)

¶1656

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1657

- 130 -

¶1658

W.A.No.173 of 2019 & connected cases

¶1659

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1660

PRESENT

¶1661

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1662

&

¶1663

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1664

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1665

WA.No.380 OF 2019

¶1666

AGAINST THE ORDER/JUDGMENT IN WP(C) 2367/2018(U) OF HIGH COURT OF KERALA

¶1667

APPELLANT/S:

¶1668

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1669

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶1670

3 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM - 695 101.

¶1671

4 THE ASSISTATNT EDUCTIONAL OFFICER, ATTINGAL, KILIMANOOR, THIRUVANANTHAPURAM - 695 101.

¶1672

BY ADVS.

¶1673

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1674

RESPONDENT/S:

¶1675

1 VIVEKANANDA PUBLIC SCHOOL, NAVIKULAM, ATTINGAL (VIA), THIRUVANANTHAPURAM DISTRICT - 695 603, REPRESENTED BY ITS MANAGER, P.SUKUMARA KURUP,

¶1676

S/O. S. PADMANABHA KURUP, AGED 63 YEARS, GOKULAM, NAVAIKULAM (P.O), ATTINGAL(VIA), THIRUVANANTHAPURAM.

¶1677

- 131 -

¶1678

W.A.No.173 of 2019 & connected cases

¶1679

2 ADDL.R2-SECRETARY. (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 1/2019 IN W.A NO 380/2019)

¶1680

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1681

- 132 -

¶1682

W.A.No.173 of 2019 & connected cases

¶1683

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1684

PRESENT

¶1685

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1686

&

¶1687

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1688

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1689

WA.No.381 OF 2019

¶1690

AGAINST THE ORDER/JUDGMENT IN WP(C) 18100/2017(J) OF HIGH COURT OF KERALA

¶1691

APPELLANT/S:

¶1692

1 THE ASSISTANT EDUCATIONAL OFFICER, BEKAL, KASARAGOD DISTRICT - 671 121.

¶1693

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT - 671 121.

¶1694

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT - 671 121.

¶1695

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶1696

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1697

BY ADVS.

¶1698

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1699

RESPONDENT/S:

¶1700

1 SURESH KUMAR P., SECRETARY, MALABAR EDUCATIONAL AND CULTURAL SOCIETY AND MANAGER, LITTLE BIRDS ENGLISH SCHOOL, KANHANGAD, KASARAGOD DISTRICT - 671 315.

¶1701

- 133 -

¶1702

W.A.No.173 of 2019 & connected cases

¶1703

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1704

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 381/2019.

¶1705

BY ADV. SRI.M.SASINDRAN

¶1706

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1707

- 134 -

¶1708

W.A.No.173 of 2019 & connected cases

¶1709

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1710

PRESENT

¶1711

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1712

&

¶1713

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1714

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1715

WA.No.382 OF 2019

¶1716

AGAINST THE ORDER/JUDGMENT IN WP(C) 27682/2017(I) OF HIGH COURT OF KERALA

¶1717

APPELLANT/S:

¶1718

1 STATE OF KERALA

¶1719

REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,

¶1720

GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶1721

2 THE DIRETOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

¶1722

3 THE DISTRICT EDUCATIONAL OFFICER, VATAKARA-673101.

¶1723

4 THE ASSISTANT EDUCATIONAL OFFICER, VATAKARA-673101.

¶1724

BY ADVS.

¶1725

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1726

RESPONDENT/S:

¶1727

THE MANAGER, KELAPPAJI MEMORIAL N.S.S.ENGLISH MEDIUM SCHOOL, PARAVANTHALA,NUT STREET, VATAKARA, KOZHIKODE-673104.

¶1728

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1729

- 135 -

¶1730

W.A.No.173 of 2019 & connected cases

¶1731

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1732

PRESENT

¶1733

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1734

&

¶1735

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1736

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1737

WA.No.383 OF 2019

¶1738

AGAINST THE ORDER/JUDGMENT IN WP(C) 34782/2017(W) OF HIGH COURT OF KERALA

¶1739

APPELLANT/S:

¶1740

1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.

¶1741

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM-695014.

¶1742

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL,MALAPPURAM DISTRICT-676519.

¶1743

4 THE DISTRICT EDUCATIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT-676101.

¶1744

5 THE ASSISTANT EDUCATIONAL OFFICER, PONNANI,MALAPPURAM DISTRICT-679577.

¶1745

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1746

RESPONDENT/S:

¶1747

1 THE MANAGER, SMART ENGLISH SHOOL,VELIYANCODE, PONNANI-679579, MALAPPURAM DISTRICT.

¶1748

- 136 -

¶1749

W.A.No.173 of 2019 & connected cases

¶1750

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1751

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 383/2019.

¶1752

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1753

- 137 -

¶1754

W.A.No.173 of 2019 & connected cases

¶1755

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1756

PRESENT

¶1757

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1758

&

¶1759

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1760

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1761

WA.No.384 OF 2019

¶1762

AGAINST THE ORDER/JUDGMENT IN WP(C) 2919/2018(L) OF HIGH COURT OF KERALA

¶1763

APPELLANT/S:

¶1764

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N)DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶1765

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶1766

3 THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,OTTAPPALAM, PALAKKAD DISTRICT-678001.

¶1767

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1768

RESPONDENT/S:

¶1769

1 THE ANSAR SCHOOL PADINJHARANGADI,SITUATED AT ANGADI POST,IN PALAKKAD DISTRICT-679552,REPRESENTED BY ITS MANAGER V.MOOSA,AGED 69 YEARS,S/O.AHAMMEDUNNI,(RESIDING AT VADIKKINITHETHIL,HOUSE,P.O.ERAVAKKAD, OTTAPPALAM,PALAKKAD DISTRICT-679552).

¶1770

- 138 -

¶1771

W.A.No.173 of 2019 & connected cases

¶1772

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN,SHIKSHA KENDRA,2,COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.

¶1773

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1774

- 139 -

¶1775

W.A.No.173 of 2019 & connected cases

¶1776

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1777

PRESENT

¶1778

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1779

&

¶1780

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1781

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1782

WA.No.385 OF 2019

¶1783

¶1784

APPELLANT/S:

¶1785

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1786

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶1787

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O,KOLLAM DISTRICT-691001.

¶1788

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHATHANNOOR,KOLLAM-691512.

¶1789

BY ADVS.

¶1790

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1791

RESPONDENT/S:

¶1792

1 RAJU N.P. MANAGER, ROSE DALE SCHOOL,THEKKUMKARA,PULLICHIRA.P.O, KOLLAM DISTRICT-691512.

¶1793

- 140 -

¶1794

W.A.No.173 of 2019 & connected cases

¶1795

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1796

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2018 IN IA 2/2019 IN WA 385/2019.

¶1797

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1798

- 141 -

¶1799

W.A.No.173 of 2019 & connected cases

¶1800

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1801

PRESENT

¶1802

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1803

&

¶1804

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1805

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1806

WA.No.386 OF 2019

¶1807

AGAINST THE ORDER/JUDGMENT IN WP(C) 9503/2018(K) OF HIGH COURT OF KERALA

¶1808

APPELLANT/S:

¶1809

1 STATE OF KERALA, REP.BY THE SECERTARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶1810

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶1811

3 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689691.

¶1812

4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689691.

¶1813

5 THE ASSISTANT EDUCATIONAL OFFICER, KONNI,PATHANAMTHITTA-689691.

¶1814

BY ADVS.

¶1815

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1816

RESPONDENT/S:

¶1817

1 ST. GEORGE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, THANNITHODU, PATHANAMTHITTA-689699.

¶1818

- 142 -

¶1819

W.A.No.173 of 2019 & connected cases

¶1820

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1821

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 386/2019.

¶1822

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1823

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1824

- 143 -

¶1825

W.A.No.173 of 2019 & connected cases

¶1826

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1827

PRESENT

¶1828

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1829

&

¶1830

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1831

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1832

WA.No.388 OF 2019

¶1833

¶1834

APPELLANT/S:

¶1835

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCTION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 0001.

¶1836

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM 695 014.

¶1837

3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, KOCHI 682 011.

¶1838

4 ASSISTANT EDUCATIONAL OFFICER, M.G. ROAD, ERNAKULAM, KOCHI 682 016.

¶1839

BY ADVS.

¶1840

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1841

RESPONDENT/S:

¶1842

1 ST.ANNES ENGLISH MEDIUM SCHOOL, PONNARIMANGALAM, MULAVUKAD P.O., ERNAKULAM DISTRICT, 682 504, REPRESENTED BY ITS MANAGER, SR. GABRIEL, SAB D/O. LATE AUGUSTINE AGED 66 YEARS, PANOCHIRA HOUSE, VAYALA P.O., KURAVILANGAD VIA, KOTTAYAM DISTRICT.

¶1843

- 144 -

¶1844

W.A.No.173 of 2019 & connected cases

¶1845

2 ADDL.R2 SECRETARY (AFFILICATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 1100092.

¶1846

ADDL. R2 RESPONDENT IS IMPLEADED AS PER ORDER DATED 18/2/19 IN I.A. 2/19 IN W.A. 388/19

¶1847

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1848

- 145 -

¶1849

W.A.No.173 of 2019 & connected cases

¶1850

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1851

PRESENT

¶1852

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1853

&

¶1854

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1855

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1856

WA.No.389 OF 2019

¶1857

AGAINST THE ORDER/JUDGMENT IN WP(C) 8241/2018(E) OF HIGH COURT OF KERALA

¶1858

APPELLANT/S:

¶1859

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001.

¶1860

2 THE DIRECTOR OF OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001.

¶1861

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001,KERALA.

¶1862

4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001,KERALA.

¶1863

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM,KERALA-686001.

¶1864

BY ADVS.

¶1865

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1866

RESPONDENT/S:

¶1867

1 SAN THOM PUBLIC SCHOOL, REPRESENTED BY ITS PRINCIPAL,THARAKANATTUKUNNU, CHENAPPADY,KERALA,POST CODE-686520.

¶1868

- 146 -

¶1869

W.A.No.173 of 2019 & connected cases

¶1870

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA,2-COMMUNITY CENTRE, PREET VIHAR,NEW DELHI-110301.

¶1871

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶1872

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1873

- 147 -

¶1874

W.A.No.173 of 2019 & connected cases

¶1875

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1876

PRESENT

¶1877

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1878

&

¶1879

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1880

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1881

WA.No.390 OF 2019

¶1882

AGAINST THE ORDER/JUDGMENT IN WP(C) 7545/2018(P) OF HIGH COURT OF KERALA

¶1883

APPELLANT/S:

¶1884

1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.

¶1885

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶1886

3 THE ASSISTANT EDUCATIONAL OFFICER, KONNI, PATHANAMTHITTA DISTRICT-689691.

¶1887

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1888

RESPONDENT/S:

¶1889

1 THE MANAGER, S.N. CENTRAL SCHOOL, KOODAL, KONNI, PATHANAMTHITTA DISTRICT-689691.

¶1890

- 148 -

¶1891

W.A.No.173 of 2019 & connected cases

¶1892

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1893

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 390/2019.

¶1894

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1895

- 149 -

¶1896

W.A.No.173 of 2019 & connected cases

¶1897

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1898

PRESENT

¶1899

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1900

&

¶1901

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1902

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1903

WA.No.391 OF 2019

¶1904

AGAINST THE ORDER/JUDGMENT IN WP(C) 30460/2017(F) OF HIGH COURT OF KERALA

¶1905

APPELLANT/S:

¶1906

1 STATE OF KERALA REP.BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695039.

¶1907

2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.

¶1908

3 THE DEPUTY DIRECTOR OF EDUCATION, CHALAKKUDY,THRISSUR-680307.

¶1909

4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA,THRISSUR DISTRICT-680121.

¶1910

5 THE ASISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY-680307.

¶1911

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1912

RESPONDENT/S:

¶1913

1 THE MANAGER ST.LIOBA ACADEMY,PERAMBRA.P.O,(NEAR APPOLLO), THRISSUR.

¶1914

- 150 -

¶1915

W.A.No.173 of 2019 & connected cases

¶1916

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1917

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 391/2019.

¶1918

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1919

- 151 -

¶1920

W.A.No.173 of 2019 & connected cases

¶1921

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1922

PRESENT

¶1923

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1924

&

¶1925

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1926

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1927

WA.No.392 OF 2019

¶1928

AGAINST THE ORDER/JUDGMENT IN WP(C) 10191/2018(Y) OF HIGH COURT OF KERALA

¶1929

APPELLANT/S:

¶1930

1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶1931

2 DISTRICT EDUCATION OFFICER, THIRUVALLA- 689101.

¶1932

3 ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA- 689101.

¶1933

BY ADVS.

¶1934

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1935

RESPONDENT/S:

¶1936

1 REGIMUNDI E.M. L.P. SCHOOL, THIRUVALLA, REPRESENTED BY ITS MANAGER, SR.MAJESTA CTC, D/O.MARSHAL, AGED 62 YEARS.

¶1937

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1938

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 392/2019.

¶1939

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1940

- 152 -

¶1941

W.A.No.173 of 2019 & connected cases

¶1942

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1943

PRESENT

¶1944

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1945

&

¶1946

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1947

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1948

WA.No.393 OF 2019

¶1949

AGAINST THE ORDER/JUDGMENT IN WP(C) 751/2018(T) OF HIGH COURT OF KERALA

¶1950

APPELLANT/S:

¶1951

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.

¶1952

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695001.

¶1953

3 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, KERALA- 673004.

¶1954

4 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KERALA- 673601.

¶1955

5 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM- 673571.

¶1956

BY ADVS.

¶1957

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1958

- 153 -

¶1959

W.A.No.173 of 2019 & connected cases

¶1960

RESPONDENT/S:

¶1961

1 ST. PHILIP NERI CONVENT SCHOOL REPRESENTED BY ITS PRINCIPAL, MARIKUNNU P.O., CHERUVATTA, MOOZHICKEL, KOZHIKODE- 673012.

¶1962

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶1963

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019

¶1964

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶1965

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1966

- 154 -

¶1967

W.A.No.173 of 2019 & connected cases

¶1968

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1969

PRESENT

¶1970

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1971

&

¶1972

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1973

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1974

WA.No.394 OF 2019

¶1975

AGAINST THE ORDER/JUDGMENT IN WP(C) 5904/2018(K) OF HIGH COURT OF KERALA

¶1976

APPELLANT/S:

¶1977

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶1978

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶1979

3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KERALA-670 002

¶1980

4 THE DEPUTY DIRECTOR OF EDUCATION KANNUR, KERALA-670 002

¶1981

5 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR , KERALA-670 307

¶1982

BY ADVS.

¶1983

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶1984

RESPONDENT/S:

¶1985

1 ST.ELIZABETH PUBLIC SCHOOL REPRESENTED BY ITS PRINCIPAL, KARIAPPALLY, VELLORA P.O, KANNUR, KERALA-670 306.

¶1986

- 155 -

¶1987

W.A.No.173 of 2019 & connected cases

¶1988

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶1989

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶1990

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶1991

- 156 -

¶1992

W.A.No.173 of 2019 & connected cases

¶1993

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1994

PRESENT

¶1995

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1996

&

¶1997

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1998

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶1999

WA.No.395 OF 2019

¶2000

AGAINST THE ORDER/JUDGMENT IN WP(C) 7088/2018(I) OF HIGH COURT OF KERALA

¶2001

APPELLANT/S:

¶2002

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶2003

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶2004

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001, KERALA.

¶2005

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001, KERALA.

¶2006

5 THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, KERALA-695 001.

¶2007

BY ADVS.

¶2008

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2009

- 157 -

¶2010

W.A.No.173 of 2019 & connected cases

¶2011

RESPONDENT/S:

¶2012

FATHIMA CONVENT ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, SOUTH ARAYATHURUTHY, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM, KERALA-695 304.

¶2013

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶2014

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2015

- 158 -

¶2016

W.A.No.173 of 2019 & connected cases

¶2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2018

PRESENT

¶2019

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2020

&

¶2021

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2022

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2023

WA.No.396 OF 2019

¶2024

¶2025

APPELLANT/S:

¶2026

1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURM-695001.

¶2027

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM.

¶2028

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE.

¶2029

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2030

RESPONDENT/S:

¶2031

1 PRESIDENT, NURUL ISLAM MAHAL JAMATH COMMITTEE, MULLAMBATH, NADUVANNUR P.O., KOZHIKODE.

¶2032

- 159 -

¶2033

W.A.No.173 of 2019 & connected cases

¶2034

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2035

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019.

¶2036

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2037

- 160 -

¶2038

W.A.No.173 of 2019 & connected cases

¶2039

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2040

PRESENT

¶2041

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2042

&

¶2043

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2044

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2045

WA.No.397 OF 2019

¶2046

AGAINST THE ORDER/JUDGMENT IN WP(C) 12501/2018(K) OF HIGH COURT OF KERALA

¶2047

APPELLANT/S:

¶2048

1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2049

2 DIRECTOR OF PUBLIC INSTRUCTIONS,, JAGATHYI,THYCAUD, THIRUVANANTHAPURAM DISTRICT-695014.

¶2050

3 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT-695001.

¶2051

4 ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695121.

¶2052

BY ADVS.

¶2053

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2054

RESPONDENT/S:

¶2055

1 SREE NARAYANA DHARMA SANGHOM TRUST, SIVAGIRI MADHOM, VARKALA-695141, REPRESENTED BY ITS GENERAL SECRETARY.

¶2056

- 161 -

¶2057

W.A.No.173 of 2019 & connected cases

¶2058

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2059

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 397/2019.

¶2060

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2061

- 162 -

¶2062

W.A.No.173 of 2019 & connected cases

¶2063

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2064

PRESENT

¶2065

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2066

&

¶2067

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2068

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2069

WA.No.398 OF 2019

¶2070

AGAINST THE ORDER/JUDGMENT IN WP(C) 10750/2018(P) OF HIGH COURT OF KERALA

¶2071

APPELLANT/S:

¶2072

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶2073

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695001.

¶2074

3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE- 673001.

¶2075

4 THE DISTRICT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE- 673001.

¶2076

5 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, TANUR- 676302.

¶2077

BY ADVS.

¶2078

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2079

RESPONDENT/S:

¶2080

1 THE TANUR N.S.S. KARAYOGAM NURSERY AND PREPARATORY SCHOOL,

¶2081

TANUR P.O., KATILANGADI (VIA) MALAPPURAM DISTRICT, PIN- 676302, REPRESENTED BY ITS SECRETARY AJITH KUMAR S.

¶2082

- 163 -

¶2083

W.A.No.173 of 2019 & connected cases

¶2084

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2085

(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019)

¶2086

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2087

- 164 -

¶2088

W.A.No.173 of 2019 & connected cases

¶2089

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2090

PRESENT

¶2091

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2092

&

¶2093

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2094

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2095

WA.No.399 OF 2019

¶2096

AGAINST THE ORDER/JUDGMENT IN WP(C) 23054/2017(F) OF HIGH COURT OF KERALA

¶2097

APPELLANT/S:

¶2098

1 DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101.

¶2099

2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 014.

¶2100

3 DEPUTY DIRECTOR OF EDUCATION KANNUR - 670 001.

¶2101

4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2102

BY ADVS.

¶2103

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2104

RESPONDENT/S:

¶2105

1 VINEETHA ABRAHAM, HEADMASTER, CSI, ENGLISH MEDIUM SCHOOL, MG ROAD, THALASSERY P.O.,THALASSERY, PIN - 670 101.

¶2106

2 ANISH.S. MANAGER, VIDYANEKETHAN ENGLISH MEDIUM SCHOOL, DHARMADAM P.O., DHARMADA, THALASSERY, KANNUR DISTRICT - 670 101.

¶2107

W.A.No.173 of 2019 & - 165 - connected cases

¶2108

3 SHEEBA.P.C. HEADMASTER, RAINBOW KIDS ENGLISH LP SCHOOL, MUNDALUR P.O., THALASSERY TALUK, KANNUR DIST., PIN - 670 622.

¶2109

4 RASEENA.P. MANAGER, BRENNEN ENGLISH SCHOOL, KUTHUPARAMBA, THALASSERY TALUK, PIN- 670 643.

¶2110

5 ADDL.R5-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2111

(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019).

¶2112

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2113

- 166 -

¶2114

W.A.No.173 of 2019 & connected cases

¶2115

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2116

PRESENT

¶2117

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2118

&

¶2119

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2120

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2121

WA.No.400 OF 2019

¶2122

AGAINST THE ORDER/JUDGMENT IN WP(C) 9496/2018(J) OF HIGH COURT OF KERALA

¶2123

APPELLANT/S:

¶2124

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶2125

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶2126

3 THE DISTRICT EDUCATIONAL OFFICER THIRUVANANTHAPURAM-695 001

¶2127

4 THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM-695 001

¶2128

5 THE ASSISTANT EDUCATIONAL OFFICER NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, POSTAL CODE-695 541

¶2129

BY ADVS.

¶2130

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2131

RESPONDENT/S:

¶2132

1 SACRED HEART JYOTHI CENTRAL SCHOOL REPRESENTED BY ITS MANAGER, ARASUPARAMBU, NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, POSTAL CODE-695 541.

¶2133

- 167 -

¶2134

W.A.No.173 of 2019 & connected cases

¶2135

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2- COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶2136

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶2137

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2138

- 168 -

¶2139

W.A.No.173 of 2019 & connected cases

¶2140

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2141

PRESENT

¶2142

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2143

&

¶2144

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2145

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2146

WA.No.401 OF 2019

¶2147

AGAINST THE ORDER/JUDGMENT IN WP(C) 7794/2018(Y) OF HIGH COURT OF KERALA

¶2148

APPELLANT/S:

¶2149

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695039.

¶2150

2 DIRECTOR OF PUBLIC INSTRUCTIONS,

¶2151

OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶2152

3 DISTRICT EDUCATIONAL OFFICER KOLLAM-691001.

¶2153

4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691001.

¶2154

5 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691583,KOLLAM DISTRICT.

¶2155

BY ADVS.

¶2156

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2157

RESPONDENT/S:

¶2158

1 MANAGER

¶2159

FR.SOSIOS ENGLISH MEDIUM SCHOOL,PAVUMBA,KOIVILA, KOLLAM-691590.

¶2160

- 169 -

¶2161

W.A.No.173 of 2019 & connected cases

¶2162

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶2163

BY ADV. SRI NIRMAL S. (B/O)

¶2164

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2165

- 170 -

¶2166

W.A.No.173 of 2019 & connected cases

¶2167

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2168

PRESENT

¶2169

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2170

&

¶2171

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2172

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2173

WA.No.402 OF 2019

¶2174

AGAINST THE ORDER/JUDGMENT IN WP(C) 6496/2018(J) OF HIGH COURT OF KERALA

¶2175

APPELLANT/S:

¶2176

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶2177

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶2178

3 DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695101.

¶2179

4 ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR-695601.

¶2180

BY ADVS.

¶2181

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2182

RESPONDENT/S:

¶2183

MANAGER,

¶2184

MAR GREGORIOS MEMORIAL INTERNATIONAL SCHOOL, KILIMANOOR,THIRUVANANTHAPURAM-695601.

¶2185

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2186

- 171 -

¶2187

W.A.No.173 of 2019 & connected cases

¶2188

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2189

PRESENT

¶2190

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2191

&

¶2192

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2193

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2194

WA.No.404 OF 2019

¶2195

AGAINST THE ORDER/JUDGMENT IN WP(C) 31912/2014(L) OF HIGH COURT OF KERALA

¶2196

APPELLANT/S:

¶2197

1 STATE REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039

¶2198

2 DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY P.O, THIRUVANANTHAPURAM-695 014

¶2199

3 DEPUTY DIRECTOR OF EDUCATION. CIVIL STATION, PALAKKAD-678 001

¶2200

4 ASSISTANT EDUCATIONAL OFFICER

¶2201

PARALI, GOVERNMENT U.P. SCHOOL, PREMISES, EDATHARA P.O, PALAKKAD DISTRICT-678 611

¶2202

5 ASSISTANT EDUCATIONAL OFFICER KOPPAM P.O, PALAKKAD-678 001

¶2203

6 ASSISTANT EDUCATIONAL OFFICER MANNARKAD, PALAKKAD-678 582

¶2204

7 ASSISTANT EDUCATIONAL OFFICER SHORNUR, GOVERNMENT PRESS PREMISES, KULAPPULLY P.O, SHORNUR-679 121

¶2205

8 ASSISTANT EDUCATIONAL OFFICER ALATHUR, PALAKKAD-678 541.

¶2206

- 172 -

¶2207

W.A.No.173 of 2019 & connected cases

¶2208

9 ASSISTANT EDUCATIONAL OFFICER WADAKKANCHERY, THRISSUR DISTRICT-680 582

¶2209

BY ADVS.

¶2210

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2211

RESPONDENT/S:

¶2212

1 THE MANAGER, DYNAMIC ENGLISH MEDIUM SCHOOL DYNAMIC ENGLISH MEDIUM SCHOOL, MANKARA P.O, PALAKKAD DISTRICT-678 613

¶2213

2 THE MANAGER

¶2214

HOLY FAMILY CONVENT (LP) SCHOOL, MUNDAKUNNU, KANJIRAPPUZHA P.O, PALAKKAD-678 591

¶2215

3 SR. GEETHA MANAGER, HOLY FAMILY CONVENT (EM) SCHOOL, THACHAMPARA P.O, PONNAMKODE, PALAKKAD.

¶2216

4 MANAGER

¶2217

VICTORY ENGLISH MEDIUM SCHOOL, MANNARKAD, PALLIKUNNU P.O, PALAKKAD DISTRICT-678 582

¶2218

5 M. SIVADASAN MANAGER, NSS ENGLISH MEDIUM SCHOOL, ALANALLUR-678 601

¶2219

6 MANAGER

¶2220

BRIGHT AND BRILL PUBLIC SCHOOL, KADATHIPPADY, MANNARKKAD, PALAKKAD DISTRICT-678 582

¶2221

7 MANAGER

¶2222

N.I. ENGLISH SCHOOL, MADRASSA HALL, SHORANUR, PALAKKAD DISTRICT-679 121

¶2223

8 THE MANAGER ARCADIA ENGLISH MEDIUM SCHOOL, KAYILLAD POST, SHORANUR-679 122, PALAKKAD DISTRICT.

¶2224

9 THE MANAGER RADIANT ENGLISH MEDIUM SCHOOL, NEAR MUNICIPALITY, SHORNUR-679 121.

¶2225

- 173 -

¶2226

W.A.No.173 of 2019 & connected cases

¶2227

10 MANAGER NEW SUMA ENGLISH MEDIUM SCHOOL, CHUDUVALATHUR, SHORANUR, PALAKKAD-679 121

¶2228

11 MANAGER SREE VIDYAVIHAR, OPP. SIMCO, CO. KULAPPULLY, SHORNUR-679 122

¶2229

12 MANAGER NSS BALANIKETHAN ENGLISH MEDIUM SCHOOL, MARUTHA ROAD P.O, PALAKKAD.

¶2230

13 MANAGER SREEVIDYANIKETHAN, ENGLISH MEDIUM SCHOOL, NATTUKAL, MANNAPRA, ALATHUR, PALAKKAD-678 685

¶2231

14 MANAGER, LITTLE FLOWER PUBLIC SCHOOL, PUTHIYANKAM, PEZHUMPARAMBA, ALATHUR, PALAKKAD-678 541

¶2232

15 MANAGER AMS MODEL ENGLISH MEDIUM SCHOOL, CHEERAKUZHI, MOOLANCODE P.O, PALAKKAD DISTRICT-678 683

¶2233

16 C.T. THOMAS MANAGER, RETM ENGLISH MEDIUM SHCOOL, PULIMOOTAM, MANNAPRA P.O, PALAKKAD DISTRICT-678 685

¶2234

17 THE DIRECTOR SAPHIRE PUBLIC SCHOOL KAMMANTHARA, VADAKKANCHERY-678 683

¶2235

18 SECRETARY MANAGING COMMITTEE N.S.S. ENGLISH MEDIUM SCHOOL, MUDAPPLUR P.O, 678 705

¶2236

19 MANAGER

¶2237

ENGLISH MEDIUM L.P. SCHOOL, KAVASSERY, VALAKKAD, ALATHUR, PALAKKAD-678 541

¶2238

20 HAMSA H MANAGER, AL-IRSHAD ENGLILSH MEDIUM SCHOOL, VANNUR ROAD, ALATHUR, PALAKKAD DISTRICT-678 541.

¶2239

21 MANAGER

¶2240

AL-IRSHAD ENGLISH MEDIUM SCHOOL, THONIPPADAM, VAVULLIYAPURAM, PALAKKAD-678 543

¶2241

22 PRASANNAKUMARAN

¶2242

CHAIRMAN, PRASTAN ENGLISH SCHOOL, KANJIRASSERY, MULLOORKARA P.O, IRUNILAMKODE, THRISSUR DISTRICT-680 583

¶2243

- 174 -

¶2244

W.A.No.173 of 2019 & connected cases

¶2245

23 MANAGER BEWERNIC ENGLISH MEDIUM SCHOOL, KALLEPADAM, PAZHAYANNUR, TRICHUR DISTRICT-680 587

¶2246

24 MANAGER

¶2247

VIDYA JYOTHI ENGLISH MEDIUM L.P. SCHOOL, AYAKKAD, VADAKKANCHERY, PALAKKAD DISTRICT-678 683

¶2248

25 MANAGER

¶2249

M.M. ENGLISH MEDIUM SCHOOL, THANNERCODE, PALAKKAD

¶2250

DISTRICT-679 536

¶2251

26 MANAGER

¶2252

VALLUVANAD ENGLISH MEDIUM SCHOOL, SHORNUR, PALAKKAD DISTRICT-679 121

¶2253

27 MANAGER

¶2254

K.H. MEMORIAL ENGLISH MEDIUM SCHOOL, MANJAKULAM , PALAKKAD-678 012

¶2255

28 M.S. BABU, S/O. SANKARA NARAYANAN, AGED 45 YEARS, MADATHIL HOUSE, CHERUTHURUTHY, THRISSUR DIST.-679 531

¶2256

29 ADDL.R29. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R29 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶2257

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SRI.V.G.ARUN (K/795/2004) SMT.INDULEKHA JOSEPH SRI.NEERAJ NARAYAN SMT.V.JAYA RAGI SMT.NIGI GEORGE SRI NIRMAL S. (B/O)

¶2258

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2259

- 175 -

¶2260

W.A.No.173 of 2019 & connected cases

¶2261

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2262

PRESENT

¶2263

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2264

&

¶2265

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2266

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2267

WA.No.405 OF 2019

¶2268

AGAINST THE ORDER/JUDGMENT IN WP(C) 10055/2018(F) OF HIGH COURT OF KERALA

¶2269

APPELLANT/S:

¶2270

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2271

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶2272

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 670 519.

¶2273

4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, B2 BLOCK, MALAPPURAM - 676 505.

¶2274

5 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM DISTRICT- 679 576.

¶2275

BY ADVS.

¶2276

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2277

RESPONDENT/S:

¶2278

1 THE MANAGER, BRIGHT LINE ENGLISH MEDIUM SCHOOL, KALADI, MALAPPURAM DISTRICT, PIN - 679 582.

¶2279

- 176 -

¶2280

W.A.No.173 of 2019 & connected cases

¶2281

2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI - 110 001. 110001

¶2282

3 THE CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA,

¶2283

2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 092 REPRESENTED BY ITS SECRETARY.

¶2284

BY ADVS.

¶2285

SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.JAISHANKAR V.NAIR, CGC

¶2286

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2287

- 177 -

¶2288

W.A.No.173 of 2019 & connected cases

¶2289

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2290

PRESENT

¶2291

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2292

&

¶2293

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2294

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2295

WA.No.406 OF 2019

¶2296

AGAINST THE ORDER/JUDGMENT IN WP(C) 23109/2017(K) OF HIGH COURT OF KERALA

¶2297

APPELLANT/S:

¶2298

1 DISTRICT EDUCATIONAL OFFICER, THRISSUR - 680 012.

¶2299

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 017.

¶2300

3 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 017.

¶2301

BY ADVS.

¶2302

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶2303

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2304

RESPONDENT/S:

¶2305

1 THE PRINCIPAL, LITTLE QUEEN PUBLIC SCHOOL, OLARIKKARA, THRISSUR- 680 012.

¶2306

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶2307

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 406/2019.

¶2308

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2309

- 178 -

¶2310

W.A.No.173 of 2019 & connected cases

¶2311

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2312

PRESENT

¶2313

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2314

&

¶2315

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2316

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2317

WA.No.407 OF 2019

¶2318

AGAINST THE ORDER/JUDGMENT IN WP(C) 7709/2018(K) OF HIGH COURT OF KERALA

¶2319

APPELLANT/S:

¶2320

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2321

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶2322

3 THE DEPUTY DIRECTOR OF EDUCATION,

¶2323

KOLLAM - 691 009.

¶2324

4 THE ASSISTANT EDUCATIONAL OFFICER,

¶2325

KULAKKADA - 691 521.

¶2326

BY ADVS.

¶2327

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2328

RESPONDENT/S:

¶2329

1 MARTHOMA RESIDENTIAL SCHOOL, ZIONKUNNU, KULAKKADA, KOTTARAKKARA, KOLLAM, REPRESENTED BY ITS PRINCIPAL AND AUTHORIZED SIGNATORY REV. JOHN P. JOY, PIN - 691 521.

¶2330

- 179 -

¶2331

W.A.No.173 of 2019 & connected cases

¶2332

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶2333

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 407/2019.

¶2334

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2335

- 180 -

¶2336

W.A.No.173 of 2019 & connected cases

¶2337

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2338

PRESENT

¶2339

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2340

&

¶2341

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2342

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2343

WA.No.408 OF 2019

¶2344

AGAINST THE ORDER/JUDGMENT IN WP(C) 22441/2017(E) OF HIGH COURT OF KERALA

¶2345

APPELLANT/S:

¶2346

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001

¶2347

2 THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM - 695 014

¶2348

3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PUZHATHI HOUSING COLONY, KANNUR, KERALA - 670 002.

¶2349

4 THE DISTRICT EDUCATION OFFICE OFFICE OF THE DISTRICT EDUCATION OFFICE, MINI CIVIL STATION, TALIPARAMBA, KANNUR - 670 141.

¶2350

5 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR - 670 307.

¶2351

BY ADVS.

¶2352

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2353

- 181 -

¶2354

W.A.No.173 of 2019 & connected cases

¶2355

RESPONDENT/S:

¶2356

1 JOSEPH P.P., AGED 55 YEARS S/O. PHILIP P.P, MANAGER, VISWAJNAN ENGLISH SCHOOL, PULINGOME, CHUNDA P.O, KANNUR - 670 511

¶2357

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2358

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 408/2019.

¶2359

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2360

- 182 -

¶2361

W.A.No.173 of 2019 & connected cases

¶2362

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2363

PRESENT

¶2364

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2365

&

¶2366

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2367

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2368

WA.No.409 OF 2019

¶2369

AGAINST THE ORDER/JUDGMENT IN WP(C) 30259/2017(F) OF HIGH COURT OF KERALA

¶2370

APPELLANT/S:

¶2371

1 THE ASSISTANT EDUCATIONAL OFFICER, MANJESWAR AT UPPALA, MANJESHWAR, KASARAGOD DISTRICT-671 323.

¶2372

2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671 121.

¶2373

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671 121.

¶2374

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, TIRUVANANTHAPURAM-695 001.

¶2375

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2376

BY ADVS.

¶2377

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2378

RESPONDENT/S:

¶2379

1 THE MANIMUNDA EDUCATIONAL SOCIETY MANIMUNDA, NEAR RAILWAY STATION, UPPALA P.O., KASARAGOD DISTRICT, PIN-671 322, REPRESENTED BY ITS PRESIDENT.

¶2380

- 183 -

¶2381

W.A.No.173 of 2019 & connected cases

¶2382

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 3/19 IN WA 409/19

¶2383

BY ADV. SRI.M.SASINDRAN

¶2384

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2385

- 184 -

¶2386

W.A.No.173 of 2019 & connected cases

¶2387

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2388

PRESENT

¶2389

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2390

&

¶2391

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2392

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2393

WA.No.410 OF 2019

¶2394

AGAINST THE ORDER/JUDGMENT IN WP(C) 32760/2017(T) OF HIGH COURT OF KERALA

¶2395

APPELLANT/S:

¶2396

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶2397

2 DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶2398

3 DEPUTY DIRECTOR OF EDUCATION, 2ND FLOOR, CIVIL STATION, THRISSUR.

¶2399

4 THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT-680121.

¶2400

5 THE ASSISTANT EDUCATIONAL OFFICER,

¶2401

MALA, THRISSUR DISTRICT-680 732.

¶2402

BY ADVS.

¶2403

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2404

RESPONDENT/S:

¶2405

1 AL-AMEEN CHERAMAN MALIK PUBLIC SCHOOL, THIRUVANCHIKULAM, NEAR CHERAMAN MASJID, KODUNGALLOOR, THRISSUR-680 664.

¶2406

- 185 -

¶2407

W.A.No.173 of 2019 & connected cases

¶2408

2 THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301.

¶2409

BY ADV. SRI.A.A.MOHAMMED NAZIR

¶2410

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2411

- 186 -

¶2412

W.A.No.173 of 2019 & connected cases

¶2413

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2414

PRESENT

¶2415

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2416

&

¶2417

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2418

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2419

WA.No.411 OF 2019

¶2420

¶2421

APPELLANT/S:

¶2422

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.

¶2423

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶2424

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691013.

¶2425

4 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM- 691013.

¶2426

5 THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR- 691572.

¶2427

BY ADVS.

¶2428

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2429

RESPONDENT/S:

¶2430

1 THE MANAGER, MOUNT HIRA PUBLIC SCHOOL, PALLIKUDAM JUNCTION, ERAVIPURAM, KOLLAM, PIN- 691011.

¶2431

- 187 -

¶2432

W.A.No.173 of 2019 & connected cases

¶2433

2 THE MANAGING DIRECTOR, CREATIVE INDIAN SCHOOL, CREATIVE AVENUE, NEAR B.ED COLLEGE, PALLIMUKKU, KOLLAM- 691010.

¶2434

3 THE MANAGER, THE PHOENIX PUBLIC SCHOOL, PARAVUR, KOLLAM- 691301.

¶2435

4 ADDL.R4. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶2436

BY ADV. SRI NIRMAL S. (B/O)

¶2437

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2438

- 188 -

¶2439

W.A.No.173 of 2019 & connected cases

¶2440

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2441

PRESENT

¶2442

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2443

&

¶2444

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2445

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2446

WA.No.412 OF 2019

¶2447

AGAINST THE ORDER/JUDGMENT IN WP(C) 11666/2018(G) OF HIGH COURT OF KERALA

¶2448

APPELLANT/S:

¶2449

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.

¶2450

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶2451

3 DISTRICT EDUCATIONAL OFFICER,

¶2452

ERNAKULAM- 682001.

¶2453

4 ASSISTANT EDUCATIONAL OFFICER, EDAVANAKKAD, PIN- 682502.

¶2454

5 DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM- 682001.

¶2455

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2456

RESPONDENT/S:

¶2457

1 MANAGER, ST.GEORGE CARMEL PUBLIC SCHOOL, VADEL, NAYARAMBALAM, VADEL, ERNAKULAM DISTRICT, PIN- 682509.

¶2458

- 189 -

¶2459

W.A.No.173 of 2019 & connected cases

¶2460

2 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.

¶2461

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2462

- 190 -

¶2463

W.A.No.173 of 2019 & connected cases

¶2464

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2465

PRESENT

¶2466

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2467

&

¶2468

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2469

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2470

WA.No.413 OF 2019

¶2471

AGAINST THE ORDER/JUDGMENT IN WP(C) 10267/2018(G) OF HIGH COURT OF KERALA

¶2472

APPELLANT/S:

¶2473

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.

¶2474

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014

¶2475

3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001

¶2476

4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT-690 101

¶2477

5 THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR, CHENGANNUR, ALAPPUZHA DISTRICT-689 121

¶2478

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2479

RESPONDENT/S:

¶2480

THE MANAGER, ST. MARYS ENGLISH MEDIUM SCHOOL, KALLISSERY, CHENGANNUR, ALAPPUZHA DISTRICT-689 124.

¶2481

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2482

- 191 -

¶2483

W.A.No.173 of 2019 & connected cases

¶2484

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2485

PRESENT

¶2486

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2487

&

¶2488

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2489

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2490

WA.No.414 OF 2019

¶2491

AGAINST THE ORDER/JUDGMENT IN WP(C) 33310/2017(K) OF HIGH COURT OF KERALA

¶2492

APPELLANT/S:

¶2493

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶2494

2 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT,

¶2495

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, CHOKLI, KANNUR DISTRICT-670 672

¶2496

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2497

RESPONDENT/S:

¶2498

1 THE PRINCIPAL, MES PUBLIC SCHOOL KARIYAD, P.O. PULIYANABRAM, KANNUR DISTRICT-670 675.

¶2499

- 192 -

¶2500

W.A.No.173 of 2019 & connected cases

¶2501

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2502

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 414/2019.

¶2503

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2504

- 193 -

¶2505

W.A.No.173 of 2019 & connected cases

¶2506

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2507

PRESENT

¶2508

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2509

&

¶2510

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2511

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2512

WA.No.415 OF 2019

¶2513

AGAINST THE ORDER/JUDGMENT IN WP(C) 9564/2017(U) OF HIGH COURT OF KERALA

¶2514

APPELLANT/S:

¶2515

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695030.

¶2516

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶2517

3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, THALASSERY-670101.

¶2518

4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KANNUR-670002.

¶2519

5 THE DISTRICT EDUCATIONAL OFFICER, MINI CIVIL STATION, TALIPARAMBA-670141.

¶2520

BY ADVS.

¶2521

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2522

- 194 -

¶2523

W.A.No.173 of 2019 & connected cases

¶2524

RESPONDENT/S:

¶2525

1 MANAGER,

¶2526

BLUE BELL KINDER GARDEN AND PRIMARY SCHOOL, KELOTH, PAYYANNUR P.O., PIN-670307.

¶2527

2 MANAGER, BUTTERFLY ENGLISH MEDIUM SCHOOL, VADAKKANCHERY P.O., MUYYAM-670142.

¶2528

3 MANAGER, SIM PUBLIC SCHOOL, KIZHUNNA (P.O), THOTTADA, KANNUR-670 007

¶2529

4 GENERAL SECRETARY, MATHAMANGALAM PUBLIC SCHOOL, MATHAMANGALAM BAZAR (P.O), KANNUR-670306.

¶2530

5 MANAGER,

¶2531

TALENT ENGLISH SCHOOL, KALLIASSERY CENTRAL, ANCHAMPEEDIKA (P.O), PIN-670331.

¶2532

6 CHAIRMAN, BLUE MOUNT ENGLISH SCHOOL, KARTHIKAPURAM, KARTHIKAPURAM (P.O), ALAKODE-670571.

¶2533

7 MANAGER,

¶2534

ST. THOMAS ENGLISH MEDIUM SCHOOL, EDOOR, PAYAM (P.O), PIN-670704.

¶2535

8 MANAGER, TRACK ENGLISH MEDIUM SCHOOL, VALLITHODE, KILIYANTHARA (P.O), PIN-670706.

¶2536

9 MANAGER,

¶2537

BAPPUJI ENGLISH MEDIUM SCHOOL, MALOOR (P.O), MATTANNUR (VIA), PIN-670702.

¶2538

10 MANAGING TRUSTEE, CONCORD PUBLIC SCHOOL, MATTANNUR, MATTANNUR VIA -670595.

¶2539

11 SECRETARY, SREE NARAYANA NURSERY AND UP SCHOOL, KANNOTHUMCHAL, CHOVA-670006.

¶2540

- 195 -

¶2541

W.A.No.173 of 2019 &

¶2542

connected cases

¶2543

12 MANAGER, BAPPUJI ENGLISH MEDIUM SCHOOL, PERAVOOR, PERUMPUNNA (P.O), KANNUR DISTRICT-670673.

¶2544

13 ADDL. R13. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2545

ADDITIONAL R13 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 415/2019.

¶2546

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE GOVERNMENT PLEADER

¶2547

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2548

- 196 -

¶2549

W.A.No.173 of 2019 & connected cases

¶2550

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2551

PRESENT

¶2552

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2553

&

¶2554

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2555

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2556

WA.No.416 OF 2019

¶2557

AGAINST THE ORDER/JUDGMENT IN WP(C) 17892/2017(J) OF HIGH COURT OF KERALA

¶2558

APPELLANT/S:

¶2559

1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM-695001.

¶2560

2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶2561

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶2562

4 THE DISTRICT EDUCATION OFFICER, KANHANGAD, KASARAGOD-671315.

¶2563

5 THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD-671313.

¶2564

BY ADVS.

¶2565

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2566

RESPONDENT/S:

¶2567

1 PEACE INTERNATIONAL SCHOOL, REPRESENTED BY ITS MANAGER, AYITTY JUNCTION, TRIKARPUR, KASARAGOD-671310.

¶2568

- 197 -

¶2569

W.A.No.173 of 2019 & connected cases

¶2570

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2571

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 416/2019.

¶2572

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2573

- 198 -

¶2574

W.A.No.173 of 2019 & connected cases

¶2575

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2576

PRESENT

¶2577

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2578

&

¶2579

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2580

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2581

WA.No.417 OF 2019

¶2582

AGAINST THE ORDER/JUDGMENT IN WP(C) 7950/2018(P) OF HIGH COURT OF KERALA

¶2583

APPELLANT/S:

¶2584

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶2585

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶2586

3 THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM, THIRUVANANTHAPURAM DISTRICT-695301.

¶2587

BY ADVS.

¶2588

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2589

RESPONDENT/S:

¶2590

1 KH M.J.PUBLIC SCHOOL, SITUATED AT KHABARADI NAGAR, KOITHOORKONAM P.O., THIRUVANANTHAPURAM DISTRICT-695584, REPRESENTED BY ITS MANAGER, ABDUL RASHEED M., AGED 62 YEARS, S/O. MUHAMMED HANEEFA, RESIDING AT HASHIRA MANZIL, MOHANAPURAM, KOITHOORKONAM P.O., THIRUVANANTHAPURAM DISTRICT-695584.

¶2591

- 199 -

¶2592

W.A.No.173 of 2019 & connected cases

¶2593

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2594

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 417/2019.

¶2595

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2596

- 200 -

¶2597

W.A.No.173 of 2019 & connected cases

¶2598

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2599

PRESENT

¶2600

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2601

&

¶2602

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2603

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2604

WA.No.418 OF 2019

¶2605

AGAINST THE ORDER/JUDGMENT IN WP(C) 23052/2017(F) OF HIGH COURT OF KERALA

¶2606

APPELLANT/S:

¶2607

1 THE ASSISTANT EDUCATIONAL OFFICER, IRITTY, KANNUR DISTRICT - 670 703.

¶2608

2 THE DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101,KANNUR DISTRICT.

¶2609

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT, PIN - 670 001.

¶2610

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶2611

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT FOR GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2612

BY ADVS.

¶2613

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2614

RESPONDENT/S:

¶2615

1 K.V.RASHEED, SECRETARY, GLOBAL INDIA EDUCATION AND CHARITABLE TRUST AND MANAGER GLOBAL INDIA PUBLIC SCHOOL, IRITTY, VILAKKOD.P.O, KANNUR DISTRICT - 670 703.

¶2616

W.A.No.173 of 2019 & - 201 - connected cases

¶2617

2 REGIONAL OFFICER, CBSE REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 001.

¶2618

BY ADV. SRI.M.SASINDRAN

¶2619

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2620

- 202 -

¶2621

W.A.No.173 of 2019 & connected cases

¶2622

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2623

PRESENT

¶2624

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2625

&

¶2626

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2627

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2628

WA.No.420 OF 2019

¶2629

AGAINST THE ORDER/JUDGMENT IN WP(C) 39484/2017(I) OF HIGH COURT OF KERALA

¶2630

APPELLANT/S:

¶2631

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2632

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM 695 014.

¶2633

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT - 673 001.

¶2634

4 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KOZHIKODE DISTRICT - 673 571.

¶2635

BY ADVS.

¶2636

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2637

RESPONDENT/S:

¶2638

1 THE MANAGER, SACRED HEART NATIONAL SCHOOL, CHULUR P.O., CHATHAMANGALAM, KOZHIKODE DISTRICT - 673 601.

¶2639

- 203 -

¶2640

W.A.No.173 of 2019 & connected cases

¶2641

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.

¶2642

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 420/2019.

¶2643

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2644

- 204 -

¶2645

W.A.No.173 of 2019 & connected cases

¶2646

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2647

PRESENT

¶2648

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2649

&

¶2650

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2651

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2652

WA.No.421 OF 2019

¶2653

AGAINST THE ORDER/JUDGMENT IN WP(C) 569/2018(U) OF HIGH COURT OF KERALA

¶2654

APPELLANT/S:

¶2655

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,

¶2656

THIRUVANANTHAPURAM - 695 001.

¶2657

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶2658

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD, PIN - 678 582.

¶2659

4 DISTRICT EDUCATIONAL OFFICER,

¶2660

OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,

¶2661

NEAR RAILWAY STATION, OTTAPALAM - 679 101.

¶2662

5 DISTRICT EDUCATIONAL OFFICER,

¶2663

OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PRESS CLUB ROAD, PALAKKAD - 678 001.

¶2664

6 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD - 678 582.

¶2665

7 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR- 678 101.

¶2666

8 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,

¶2667

- 205 -

¶2668

W.A.No.173 of 2019 & connected cases

¶2669

OTTAPALAM - 679 101.

¶2670

9 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERUPULASSERY, PIN - 679 403.

¶2671

BY ADVS.

¶2672

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2673

RESPONDENT/S:

¶2674

1 PRINCIPAL, DHARUL FURQAN ENGLISH MEDIUM SCHOOL, CHIRAPPADAM, THENKARA P.O.MANNARKKAD, PALKAKKAD - 678 582.

¶2675

2 MANAGER,

¶2676

GALAXY ENGLISH MEDIUM SCHOOL, ALANALLUR, PALAKKAD, PIN - 678 601.

¶2677

3 MANAGER, MERIDIAN ENGLISH SCHOOL, ERATTAVARI, AMBALAPARA, THIRUVIZHAMKUNNU P.O.MANNARKKAD, PALAKKAD - 678 801.

¶2678

4 MANAGER,

¶2679

ST. ANTONY'S ENGLISH MEDIUM SCHOOL, M.E.S KALLADI COLLEGE P.O., KUNTHIPUZHA, MANNARKKAD, PALAKKAD - 678 582.

¶2680

5 MANAGER, VICTORY ENGLISH MEDIUM SCHOOL, CHANDAPETTA, KOZHIPPARA P.O., PALAKKAD, PIN - 678 557.

¶2681

6 MANAGER,

¶2682

HOLY TRINITY SCHOOLS, THRITHUMALA, KALKANDI P.O., ATTQAPPADI, PALAKKAD, PIN - 678 582.

¶2683

7 MANAGER, ST. FRANCIS, ENGLISH MEDIUM SCHOOL, KADAMBUR, OTTAPPALAM, PALAKKAD, PIN - 679 515.

¶2684

8 MANAGER

¶2685

HOLY MARY ENGLISH MEDIUM SCHOOL, HIGH SCHOOL ROAD, CHERUPLASSERY, PALAKKAD - 679 503.

¶2686

- 206 -

¶2687

W.A.No.173 of 2019 & connected cases

¶2688

9 ADDL.R9 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R9 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶2689

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O)

¶2690

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2691

- 207 -

¶2692

W.A.No.173 of 2019 & connected cases

¶2693

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2694

PRESENT

¶2695

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2696

&

¶2697

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2698

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2699

WA.No.422 OF 2019

¶2700

AGAINST THE ORDER/JUDGMENT IN WP(C) 6580/2018(V) OF HIGH COURT OF KERALA

¶2701

APPELLANT/S:

¶2702

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2703

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶2704

3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT - 695 036.

¶2705

4 THE ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT - 695 601.

¶2706

5 THE ASSISTANT EDUCATIONAL OFFICER, VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 141.

¶2707

BY ADVS.

¶2708

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2709

RESPONDENT/S:

¶2710

1 THE HEADMASTRESS, ST.JOSEPH OF CLUNY PUBLIC SCHOOL, VELLAMKOLLY, NAGAROR P.O., THIRUVANANTHAPURAM DISTRICT - 695 102.

¶2711

- 208 -

¶2712

W.A.No.173 of 2019 & connected cases

¶2713

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶2714

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 422/2019.

¶2715

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2716

- 209 -

¶2717

W.A.No.173 of 2019 & connected cases

¶2718

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2719

PRESENT

¶2720

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2721

&

¶2722

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2723

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2724

WA.No.424 OF 2019

¶2725

AGAINST THE ORDER/JUDGMENT IN WP(C) 9925/2018(M) OF HIGH COURT OF KERALA

¶2726

APPELLANT/S:

¶2727

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2728

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM - 695 014.

¶2729

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.

¶2730

4 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, KOLLAM, PIN - 691 305.

¶2731

BY ADVS.

¶2732

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2733

RESPONDENT/S:

¶2734

K.DINESAN, AGED 62 YEARS, S/O S KARTHIKEYAN, DEEPAK NIVAS, KAMUKUMCHERRY, AWANEESWARAM P.O., PIN - 691 508, KOLLAM DISTRICT, MANAGER, FURUS PUBLIC SCHOOL, AWANEESWARAM P.O., KOLLAM DISTRICT.

¶2735

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2736

- 210 -

¶2737

W.A.No.173 of 2019 & connected cases

¶2738

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2739

PRESENT

¶2740

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2741

&

¶2742

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2743

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2744

WA.No.425 OF 2019

¶2745

AGAINST THE ORDER/JUDGMENT IN WP(C) 32617/2017(B) OF HIGH COURT OF KERALA

¶2746

APPELLANT/S:

¶2747

1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL (N) EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2748

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001

¶2749

3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA - 685 582

¶2750

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2751

RESPONDENT/S:

¶2752

1 THE MARY MATHA PUBLIC SCHOOL, SITUATED AT MULLARINGAD IN IDUKKI DISTRICT-685 582, REPRESENTED BY ITS MANAGER SR.QUEENCY S.D., AGED 71 YEARS, D/O.LATE O.V.PETER, RESIDING AT PROVINCE HOUSE, ASSOCIATION OF THE SISTERS OF DESTITUTE ST. VINCENT, IDUKKI DISTRICT - 685 582.

¶2753

- 211 -

¶2754

W.A.No.173 of 2019 & connected cases

¶2755

2 THE SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.

¶2756

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 425/2019.

¶2757

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2758

- 212 -

¶2759

W.A.No.173 of 2019 & connected cases

¶2760

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2761

PRESENT

¶2762

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2763

&

¶2764

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2765

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2766

WA.No.426 OF 2019

¶2767

AGAINST THE ORDER/JUDGMENT IN WP(C) 18130/2017(M) OF HIGH COURT OF KERALA

¶2768

APPELLANT/S:

¶2769

1 THE ASSISTANT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.

¶2770

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD, KASARAGOD DISTRICT-671121.

¶2771

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶2772

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶2773

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIT, THIRUVANANTHAPURAM-695001.

¶2774

6 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD-671315.

¶2775

7 THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, KASARAGOD-671001.

¶2776

8 THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHOOR, KASARAGOD-671313.

¶2777

9 THE ASSISTANT EDUCATIONAL OFFICER, BAKEL, KASARAGOD-671318.

¶2778

- 213 -

¶2779

W.A.No.173 of 2019 & connected cases

¶2780

10 THE ASSISTANT EDUCATIONAL OFFICER, MANJESHWARA (AT UPPALA), KASARAGOD-671323.

¶2781

BY ADVS.

¶2782

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2783

RESPONDENT/S:

¶2784

1 K.V. SURESHKUMAR, S/O K.V. KUNHAMBU, MANAGING TRUSTEE, BRILLIANT EDUCATIONAL TRUST AND MANAGER, BRILLIANT ENGLISH MEDIUM, SCHOOL, THAIKKADAPPURAM, NILESHWARAM, KASARAGOD DISTRICT.

¶2785

2 A.V. RAGHAVAN, S/O K.V. RAMAN, MANAGER, MALABAR EDUCATIONAL AND CULTURAL SOCIETY, KANHANGAD, KASARAGOD DISTRICT.

¶2786

3 SUMATHI,

¶2787

MANAGER, MODEL ENGLISH MEDIUM SCHOOL, PERIYA, PERIYA P.O., BAKEL FORT (VIA), KASARAGOD DISTRICT.

¶2788

4 GOURI SHANKAR M., S/O VASUDEVA M, SECRETARY, KEEKAN EDUCATIONAL AND CHARITABLE TRUST AND MANAGER, NALANDA ENGLISH MEDIUM SCHOOL KEEKANAM, KEEKAN P.O.(VIA), BEKALFORT-671316, KASARAGOD DISTRICT.

¶2789

5 BHASKARAN P., S/O A. RAMAN, MANAGER,

¶2790

VRINDAVAN ENGLISH MEDIUM L.P. SCHOOL, NANDAPURAM, KANHIRAPOIL P.O., ANANDASHARAM (VIA)-671531.

¶2791

6 ABDUL HAMEED A.B., S/O ABDUL RAHIMAN P.A., MANAGER, AL-AMEEN PUBLIC SCHOOL, MOGRAL PUTHUR, CHENGALA, KASARAGOD DISTRICT.

¶2792

7 RABIA, D/O ABDUL SAMAD, MANAGER, AL-MADEENA ENGLISH MEDIUM SCHOOL, PAIVALIKE NAGAR, UPPALA, KASARAGOD DISTRICT.

¶2793

- 214 -

¶2794

W.A.No.173 of 2019 & connected cases

¶2795

8 ADDL.R8 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R8 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶2796

BY ADVS. SRI.M.SASINDRAN SRI NIRMAL S. (B/O)

¶2797

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2798

- 215 -

¶2799

W.A.No.173 of 2019 & connected cases

¶2800

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2801

PRESENT

¶2802

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2803

&

¶2804

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2805

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2806

WA.No.427 OF 2019

¶2807

AGAINST THE ORDER/JUDGMENT IN WP(C) 6805/2018(A) OF HIGH COURT OF KERALA

¶2808

APPELLANT/S:

¶2809

1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHPAURAM-695 001

¶2810

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM

¶2811

3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-682 030

¶2812

4 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVOOR, ERNAKULAM DISTRICT-683 513

¶2813

BY ADVS.

¶2814

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2815

RESPONDENT/S:

¶2816

1 ST.THOMAS ENGLISH MEDIUM U.P.SCHOOL, NORTH KUTHIATHODE, NORTH KUTHIATHODE (P.O), ALUVA, VIA, ERNAKULAM DISTRICT-683 594, REPRESENTED BY ITS MANAGER, FR.JOSE MAIPPAN, S/O.VARGHESE MAIPPAN, MAIPPAN HOUSE, AMALAPURAM, AYYAMPUZHA (P.O) KALADY VIA, ERNAKULAM DISTRICT.

¶2817

- 216 -

¶2818

W.A.No.173 of 2019 & connected cases

¶2819

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2820

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 427/2019.

¶2821

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2822

- 217 -

¶2823

W.A.No.173 of 2019 & connected cases

¶2824

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2825

PRESENT

¶2826

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2827

&

¶2828

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2829

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2830

WA.No.428 OF 2019

¶2831

AGAINST THE ORDER/JUDGMENT IN WP(C) 38970/2017(U) OF HIGH COURT OF KERALA

¶2832

APPELLANT/S:

¶2833

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2834

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶2835

3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJHANGAD-671315.

¶2836

BY ADVS.

¶2837

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2838

RESPONDENT/S:

¶2839

1 THE MANAGER, PEACE INTERNATIONAL SCHOOL, AYITTY JUNCTION, TRIKARIPUR, KASARGOD-671310.

¶2840

- 218 -

¶2841

W.A.No.173 of 2019 & connected cases

¶2842

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2843

(ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶2844

BY ADV. SRI NIRMAL S. (B/O)

¶2845

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2846

- 219 -

¶2847

W.A.No.173 of 2019 & connected cases

¶2848

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2849

PRESENT

¶2850

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2851

&

¶2852

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2853

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2854

WA.No.429 OF 2019

¶2855

AGAINST THE ORDER/JUDGMENT IN WP(C) 5888/2018(I) OF HIGH COURT OF KERALA

¶2856

APPELLANT/S:

¶2857

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶2858

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-685014.

¶2859

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.

¶2860

4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR, KOZHIKODE DISTRICT-673017.

¶2861

BY ADVS.

¶2862

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2863

RESPONDENT/S:

¶2864

THE PRINCIPAL, DAWN PUBLIC SCHOOL, THALAKULATHUR, KOZHIKODE, KOZHIKODE DISTRICT -673 616.

¶2865

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2866

- 220 -

¶2867

W.A.No.173 of 2019 & connected cases

¶2868

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2869

PRESENT

¶2870

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2871

&

¶2872

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2873

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2874

WA.No.430 OF 2019

¶2875

AGAINST THE ORDER/JUDGMENT IN WP(C) 34988/2017(W) OF HIGH COURT OF KERALA

¶2876

APPELLANT/S:

¶2877

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2878

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶2879

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT, AYYANTHOLE, THRISSUR-680003.

¶2880

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2881

RESPONDENT/S:

¶2882

1 THE OXFORD ENGLISH SCHOOL, SITUATED AT KANNOTH POST, MULLASSERY IN THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER MR. ABDUL GAFOOR SAQAFI M.E., RESIDING AT VENKITANGU, VANIVILASAM SCHOOL ROAD, P.O. VANKITANGU, THRISSUR DISTRICT-680510.

¶2883

- 221 -

¶2884

W.A.No.173 of 2019 & connected cases

¶2885

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶2886

BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.) SMT.P.J.RAZIA BEEVI SRI NIRMAL S. (B/O)

¶2887

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2888

- 222 -

¶2889

W.A.No.173 of 2019 & connected cases

¶2890

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2891

PRESENT

¶2892

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2893

&

¶2894

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2895

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2896

WA.No.431 OF 2019

¶2897

AGAINST THE ORDER/JUDGMENT IN WP(C) 8115/2018(L) OF HIGH COURT OF KERALA

¶2898

APPELLANT/S:

¶2899

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM-695 039.

¶2900

2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

¶2901

3 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001

¶2902

4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691 001

¶2903

5 ASSISTANT EDUCATIONAL OFFICER, CHAVARA, KOLLAM DISTRICT-691 583.

¶2904

BY ADVS.

¶2905

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2906

RESPONDENT/S:

¶2907

1 SECRETARY, SREE BUDDHA FOUNDATION, EDAKULANGARA P.O., KARUNAGAPPALLY, KOLLAM-690 523.

¶2908

- 223 -

¶2909

W.A.No.173 of 2019 & connected cases

¶2910

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2911

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 431/2019.

¶2912

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2913

- 224 -

¶2914

W.A.No.173 of 2019 & connected cases

¶2915

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2916

PRESENT

¶2917

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2918

&

¶2919

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2920

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2921

WA.No.432 OF 2019

¶2922

AGAINST THE ORDER/JUDGMENT IN WP(C) 13661/2018(G) OF HIGH COURT OF KERALA.

¶2923

APPELLANT/S:

¶2924

1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2925

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695014.

¶2926

3 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691019.

¶2927

4 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691019.

¶2928

5 ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT-690518.

¶2929

BY ADVS.

¶2930

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2931

RESPONDENT/S:

¶2932

1 VIMALA HRIDAYA ENGLISH MEDIUM SCHOOL, CLAPPANA, CLAPPANA P.O., KARUNAGAPPALLY VIA, KOLLAM DISTRICT-690525, REPRESENTED BY ITS CORPORATE MANAGER, REV. MOTHER REXIA MARY, D/O.ALBERT, AGED 51 YEARS, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA P.O., PALATHARA, KOLLAM.

¶2933

- 225 -

¶2934

W.A.No.173 of 2019 & connected cases

¶2935

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2936

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 432/2019.

¶2937

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2938

- 226 -

¶2939

W.A.No.173 of 2019 & connected cases

¶2940

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2941

PRESENT

¶2942

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2943

&

¶2944

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2945

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2946

WA.No.434 OF 2019

¶2947

AGAINST THE ORDER/JUDGMENT IN WP(C) 2390/2018(W) OF HIGH COURT OF KERALA

¶2948

APPELLANT/S:

¶2949

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶2950

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶2951

3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, KOLLAM-691001.

¶2952

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2953

RESPONDENT/S:

¶2954

1 GRACE INTERNATIONAL SCHOOL SITUATED AT VAZHAPPALLY, UMAYANALLOOR POST IN KOLLAM DISTRICT-691589, REPRESENTED BY ITS MANAGER, SRI. KUNJUMUHAMMED THAHA, AGED 70 YEARS, SON OF LATE KUNJUKUHAMMED, (RESIDING AT HIRA MANZIL P.O., UMAYANALLOOR.

¶2955

- 227 -

¶2956

W.A.No.173 of 2019 & connected cases

¶2957

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶2958

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2959

- 228 -

¶2960

W.A.No.173 of 2019 & connected cases

¶2961

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2962

PRESENT

¶2963

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2964

&

¶2965

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2966

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2967

WA.No.435 OF 2019

¶2968

AGAINST THE ORDER/JUDGMENT IN WP(C) 18227/2017(C) OF HIGH COURT OF KERALA

¶2969

APPELLANT/S:

¶2970

1 GOVERNMENT OF KERALA,

¶2971

REP.BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶2972

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.

¶2973

3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685 603.

¶2974

4 THE ASSISTANT EDUCATIONAL OFFICER, PEERMADE, IDUKKI DISTRICT, PIN-685 531.

¶2975

BY ADVS.

¶2976

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶2977

RESPONDENT/S:

¶2978

1 ST.MATHEWS U.P.SCHOOL, WALLARDIE, 62ND MILE, VANDIPERIYAR,IDUKKI DISTRICT, PIN-685533,REPRESENTED BY ITS MANAGER, SR.RUTH.

¶2979

- 229 -

¶2980

W.A.No.173 of 2019 & connected cases

¶2981

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶2982

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 435/2019.

¶2983

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶2984

- 230 -

¶2985

W.A.No.173 of 2019 & connected cases

¶2986

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2987

PRESENT

¶2988

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2989

&

¶2990

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2991

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶2992

WA.No.436 OF 2019

¶2993

AGAINST THE ORDER/JUDGMENT IN WP(C) 11136/2018(N) OF HIGH COURT OF KERALA

¶2994

APPELLANT/S:

¶2995

1 STATE OF KERALA,

¶2996

REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2997

2 PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶2998

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶2999

4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689645.

¶3000

5 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645.

¶3001

6 THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645.

¶3002

7 THE ASSISTANT EDUCATIONAL OFFICER, KONNI-689619.

¶3003

BY ADVS.

¶3004

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3005

- 231 -

¶3006

W.A.No.173 of 2019 & connected cases

¶3007

RESPONDENT/S:

¶3008

1 ZION CENTRAL SCHOOL, T.B. ROAD, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, MR.K.K. CHERIYANJEE-689645.

¶3009

2 SREE NARAYANA PUBLIC SCHOOL, THEKKUTHODU P.O., KONNI, PATHANAMTHITTA DISTRICT-689699, REPRESENTED BY ITS MANAGER MR. KOCHU JANARDHANAN.

¶3010

3 ST.ANTONY'S ENGLISH MEDIUM SCHOOL (CBSE), THANNITHODE, THANNITHODE P.O., PATHANAMTHITTA-689699, REPRESENTED BY ITS MANAGER FR.JOHNSON V. MATHEW.

¶3011

4 AGAPE ENGLISH MEDIUM SCHOOL, AGAPE CENTRE, NJAKKUNILAM P.O., V. KOTTAYAM, PATHANAMTHITTA DISTRICT-689656,

¶3012

REPRESENTED BY ITS MANAGER MR. ACHENKUNJU P.A.

¶3013

5 ST. IGNATIUS ENGLISH MEDIUM SCHOOL,

¶3014

VAZHAMUTTAM EAST P.O., MALLASSERY, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, FR.ROY CHACKO-689647.

¶3015

6 MARTHOMA ENGLISH MEDIUM SCHOOL (CBSE), MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, RE.C. JOSEPH-689501.

¶3016

7 NORAN ELIAS ENGLISH MEDIUM SCHOOL, MANJINIKARA, MATHOOR P.O., PATHANAMTHITTA REPRESENTED BY ITS CARE TAKER, FR. ABBY STEPHEN-689647.

¶3017

8 IDEAL ENGLISH SCHOOL, KOZHENCHERRY EAST P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, MARY JOHNSON-689641.

¶3018

9 ST. THERASA'S E.M.U.P. SCHOOL, ANGADI-RANNI, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, FR. JAMES PATTATHETTU-689672.

¶3019

10 AL AMAN ENGLISH MEDIUM SCHOOL (CBSE), PATHANAMTHITTA, REPRESENTED BY MANAGER, HAJI A.M. SALAHUDDIN-689699.

¶3020

- 232 -

¶3021

W.A.No.173 of 2019 & connected cases

¶3022

11 BALABHAVAN ENGLISH MEDIUM SCHOOL, IGO CAMPUS ANNEXE, EAST OTHERA P.O., THIRUVALLA, REPRESENTED BY ITS MANAGER,

¶3023

MAJOR V.I. LUKOSE-689546.

¶3024

12 MARTHOMA ENGLISH MEDIUM SCHOOL, PATHANAMTHITTA, VATTAMKALAYIL HOUSE, MEKOZHOOR, REPRESENTED BY ITS MANAGER,

¶3025

MR. WILSON MATHEW-689678.

¶3026

13 ST.MARY'S ENGLISH MEDIUM LOWER PRIMARY SCHOOL, THUMPAMOM, THUMPAMONM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, FR.TITUS GEORGE-689502.

¶3027

14 LITTLE ANGELS ENGLISH MEDIUM SCHOOL, VECHOOCHIRA, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, MR. V.S. VARUGHESE-686511.

¶3028

15 ADDL. R15. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3029

ADDITIONAL R15 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 436/2019.

¶3030

BY ADVS.

¶3031

SRI.GEORGE ZACHARIAH ERUTHICKEL SRI.S.NIRMAL

¶3032

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3033

W.A.No.173 of 2019 & - 233 - connected cases

¶3034

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3035

PRESENT

¶3036

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3037

&

¶3038

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3039

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3040

WA.No.437 OF 2019

¶3041

AGAINST THE ORDER/JUDGMENT IN WP(C) 346/2018(P) OF HIGH COURT OF KERALA

¶3042

APPELLANT/S:

¶3043

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,

¶3044

SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶3045

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695 014.

¶3046

3 DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA, PIN-688 001.

¶3047

BY ADVS.

¶3048

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3049

RESPONDENT/S:

¶3050

1 MANAGER,ABBOT GREGORY ENGLISH MEDIUM SCHOOL, KARICHAL, PAYIPAD P.O., ALAPPUZHA DISTRICT, PIN-695 056.

¶3051

2 THE SECRETARY,

¶3052

COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, NEHRU PLACE, NEW DELHI, PIN-110 505.

¶3053

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3054

- 234 -

¶3055

W.A.No.173 of 2019 & connected cases

¶3056

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3057

PRESENT

¶3058

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3059

&

¶3060

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3061

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3062

WA.No.438 OF 2019

¶3063

AGAINST THE ORDER/JUDGMENT IN WP(C) 9069/2018(G) OF HIGH COURT OF KERALA

¶3064

APPELLANT/S:

¶3065

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAURAM-695 001

¶3066

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN CODE-695 001

¶3067

3 THE DISTRICT EDUCATIONAL OFFICER KOTTAYAM-686 001, KERALA.

¶3068

4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001, KERALA.

¶3069

5 THE ASSISTANT EDUCATION OFFICER, KURAVILANGADU, KERALA-686 001

¶3070

BY ADVS.

¶3071

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3072

RESPONDENT/S:

¶3073

1 JJ MURPHY MEMORIAL PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, YENDAYAR, KOTTAYAM, KERALA, POSTAL CODE-686 514

¶3074

- 235 -

¶3075

W.A.No.173 of 2019 & connected cases

¶3076

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶3077

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3078

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3079

- 236 -

¶3080

W.A.No.173 of 2019 & connected cases

¶3081

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3082

PRESENT

¶3083

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3084

&

¶3085

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3086

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3087

WA.No.439 OF 2019

¶3088

AGAINST THE ORDER/JUDGMENT IN WP(C) 9498/2018(J) OF HIGH COURT OF KERALA

¶3089

APPELLANT/S:

¶3090

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶3091

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶3092

3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA-688 001, KERALA

¶3093

4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001, KERALA

¶3094

5 THE ASSISTANT EDUCATION OFFICE, ALAPPUZHA-688 001, KERALA

¶3095

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3096

RESPONDENT/S:

¶3097

1 RAJAGIRI ST.CHAVARA CMI PUBLIC SCHOOL ST.CHAVARA CMI PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MANAPPURAM, CHERTHALA, ALAPPUZHA, KERALA-688 526.

¶3098

- 237 -

¶3099

W.A.No.173 of 2019 & connected cases

¶3100

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶3101

BY ADVS. SRI.JOSE ABRAHAM SRI.MANU SRINATH

¶3102

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3103

- 238 -

¶3104

W.A.No.173 of 2019 & connected cases

¶3105

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3106

PRESENT

¶3107

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3108

&

¶3109

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3110

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3111

WA.No.440 OF 2019

¶3112

AGAINST THE ORDER/JUDGMENT IN WP(C) 7893/2018(J) OF HIGH COURT OF KERALA

¶3113

APPELLANT/S:

¶3114

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3115

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3116

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM - 686 001.

¶3117

4 THE DEPUTY DIRECTOR OF EDUCATION, KURAVILANGADU, KERALA - 686 001.

¶3118

5 THE ASSISTANT EDUCATIONAL OFFICER, KURAVILANGADU, KERALA - 686 001.

¶3119

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3120

RESPONDENT/S:

¶3121

1 ST.LUIGI SCHOOL, REPRESENTED BY ITS HEADMISTRESS, AYMANAM, KOTTAYAM, KERALA, POSTAL CODE - 686 027

¶3122

- 239 -

¶3123

W.A.No.173 of 2019 & connected cases

¶3124

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶3125

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3126

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3127

- 240 -

¶3128

W.A.No.173 of 2019 & connected cases

¶3129

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3130

PRESENT

¶3131

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3132

&

¶3133

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3134

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3135

WA.No.441 OF 2019

¶3136

AGAINST THE ORDER/JUDGMENT IN WP(C) 12142/2018(P) OF HIGH COURT OF KERALA

¶3137

APPELLANT/S:

¶3138

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3139

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3140

3 THE DISTRICT EDUCATIONAL OFFICER,

¶3141

IDUKKI, KERALA - 685 584

¶3142

4 THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI, KERALA - 685 584.

¶3143

5 THE ASSISTANT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584.

¶3144

BY ADVS.

¶3145

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3146

RESPONDENT/S:

¶3147

1 ST.JOSEPHS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, THELITHODE, MANKUVA P.O., IDUKKI, KERALA - 685 604.

¶3148

- 241 -

¶3149

W.A.No.173 of 2019 & connected cases

¶3150

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶3151

BY ADVS. SRI NIRMAL S. (B/O) SRI.SANJAY R. HEGDE (SR.) SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶3152

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3153

- 242 -

¶3154

W.A.No.173 of 2019 & connected cases

¶3155

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3156

PRESENT

¶3157

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3158

&

¶3159

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3160

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3161

WA.No.443 OF 2019

¶3162

AGAINST THE ORDER/JUDGMENT IN WP(C) 38023/2017(C) OF HIGH COURT OF KERALA

¶3163

APPELLANT/S:

¶3164

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3165

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3166

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 506, KOLLAM.

¶3167

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3168

RESPONDENT/S:

¶3169

1 INFANT JESUS ENGLISH MEDIUM NURSERY AND L.P.SCHOOL, REPRESENTED BY ITS PRINCIPAL, ODANAVATTOM, KOTTARAKKARA, KOLLAM DISTRICT, KERALA - 691 512.

¶3170

2 THE DEPUTY DIRECTOR OF EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2,COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶3171

- 243 -

¶3172

W.A.No.173 of 2019 & connected cases

¶3173

3 CENTAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2- COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.

¶3174

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3175

- 244 -

¶3176

W.A.No.173 of 2019 & connected cases

¶3177

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3178

PRESENT

¶3179

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3180

&

¶3181

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3182

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3183

WA.No.444 OF 2019

¶3184

AGAINST THE ORDER/JUDGMENT IN WP(C) 9501/2018(K) OF HIGH COURT OF KERALA

¶3185

APPELLANT/S:

¶3186

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3187

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3188

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.

¶3189

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶3190

5 THE ASSISTANT EDUCATIONAL OFFICER, PAZHAVADI, NEDUMANGAD, KERALA - 695 541.

¶3191

BY ADVS.

¶3192

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3193

RESPONDENT/S:

¶3194

1 KRISTU KIRAN ENGLISH MEDIUM SCHOOL,, REPRESENTED BY ITS MANAGER, THOLIKODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM, KERALA- 695 541.

¶3195

- 245 -

¶3196

W.A.No.173 of 2019 & connected cases

¶3197

2 ADDL. R2. SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶3198

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/2/18 IN IA 2/2019

¶3199

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3200

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3201

- 246 -

¶3202

W.A.No.173 of 2019 & connected cases

¶3203

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3204

PRESENT

¶3205

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3206

&

¶3207

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3208

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3209

WA.No.445 OF 2019

¶3210

AGAINST THE ORDER/JUDGMENT IN WP(C) 9504/2018(K) OF HIGH COURT OF KERALA

¶3211

APPELLANT/S:

¶3212

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3213

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3214

3 THE DISTRICT EDUCATIONAL OFFICER,

¶3215

ALAPPUZHA - 688 005, KERALA.

¶3216

4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 005, KERALA.

¶3217

5 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005, KERALA.

¶3218

BY ADVS.

¶3219

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3220

RESPONDENT/S:

¶3221

1 ST.ANTONYS ENGLISH MEDIUM LP SCHOOL, REPRESENTED BY ITS MANAGER, ALAPPUZHA, KERALA - 689 595.

¶3222

- 247 -

¶3223

W.A.No.173 of 2019 & connected cases

¶3224

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3225

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 445/2019.

¶3226

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3227

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3228

- 248 -

¶3229

W.A.No.173 of 2019 & connected cases

¶3230

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3231

PRESENT

¶3232

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3233

&

¶3234

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3235

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3236

WA.No.446 OF 2019

¶3237

AGAINST THE ORDER/JUDGMENT IN WP(C) 22388/2017(W) OF HIGH COURT OF KERALA

¶3238

APPELLANT/S:

¶3239

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001

¶3240

2 THE DIRECTOR OF PUBLIC INSTURCTIONS, THIRUVANANTHAPURAM - 695 001

¶3241

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.

¶3242

4 ASSISTANT EDUCATIONAL OFFICER, KOLLAM - 691 001

¶3243

BY ADVS.

¶3244

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3245

RESPONDENT/S:

¶3246

1 K.SIVAPRAKASH, MANAGER, MAHATMA MODEL SCHOOL, KANJAVELY P.O., PARAKKULAM, KOLLAM - 691 602

¶3247

2 SINDHU S., HEADMISTRESS, MAHATMA MODEL SCHOOL, KANJAVELY P.O., PARAKKULAM, KOLLAM - 691 602.

¶3248

- 249 -

¶3249

W.A.No.173 of 2019 & connected cases

¶3250

3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶3251

ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 446/2019.

¶3252

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3253

- 250 -

¶3254

W.A.No.173 of 2019 & connected cases

¶3255

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3256

PRESENT

¶3257

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3258

&

¶3259

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3260

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3261

WA.No.450 OF 2019

¶3262

AGAINST THE ORDER/JUDGMENT IN WP(C) 10064/2018(G) OF HIGH COURT OF KERALA

¶3263

APPELLANT/S:

¶3264

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶3265

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶3266

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676 519.

¶3267

4 THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM - 676 101.

¶3268

5 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM - 679 576.

¶3269

BY ADVS.

¶3270

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3271

RESPONDENT/S:

¶3272

1 THE MANAGER, MALABAR ENGLISH MEDIUM SCHOOL, POTHANUR, POLPPAKARA, MALAPPURAM - 679 576.

¶3273

2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI - 110 001.

¶3274

- 251 -

¶3275

W.A.No.173 of 2019 & connected cases

¶3276

3 THE CENTRAL BOARD OF SECONDARY EDUCATION AFFILIATION BRANCH, SHIKSHA KENDRA, 2 - COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092, REPRESENTED BY ITS SECRETARY.

¶3277

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3278

- 252 -

¶3279

W.A.No.173 of 2019 & connected cases

¶3280

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3281

PRESENT

¶3282

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3283

&

¶3284

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3285

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3286

WA.No.451 OF 2019

¶3287

AGAINST THE ORDER/JUDGMENT IN WP(C) 40117/2017(L) OF HIGH COURT OF KERALA

¶3288

APPELLANT/S:

¶3289

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶3290

2 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT - 673 001.

¶3291

3 THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMANGALAM, KOZHIKODE DISTRICT - 673 571.

¶3292

BY ADVS.

¶3293

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3294

RESPONDENT/S:

¶3295

1 THE PRINCIPAL, PRATHEEKSHA ENGLISH SCHOOL, SNEHAPURAM, PAZHOOR.P.O, MAVOOR, KOZHIKODE DISTRICT - 673 661.

¶3296

- 253 -

¶3297

W.A.No.173 of 2019 & connected cases

¶3298

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶3299

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019

¶3300

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3301

- 254 -

¶3302

W.A.No.173 of 2019 & connected cases

¶3303

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3304

PRESENT

¶3305

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3306

&

¶3307

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3308

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3309

WA.No.452 OF 2019

¶3310

AGAINST THE ORDER/JUDGMENT IN WP(C) 6976/2018(V) OF HIGH COURT OF KERALA

¶3311

APPELLANT/S:

¶3312

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶3313

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶3314

3 THE DISTRICT EDUCATIONAL OFFICER,

¶3315

IDUKKI, KERALA - 685 584.

¶3316

4 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI, KERALA - 685 584

¶3317

5 THE ASSITANT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584

¶3318

BY ADVS.

¶3319

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3320

RESPONDENT/S:

¶3321

1 P.M.A.ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, PERUVANTHANAM P.O, IDUKKI, KERALA - 685 532.

¶3322

- 255 -

¶3323

W.A.No.173 of 2019 & connected cases

¶3324

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.

¶3325

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3326

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3327

- 256 -

¶3328

W.A.No.173 of 2019 & connected cases

¶3329

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3330

PRESENT

¶3331

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3332

&

¶3333

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3334

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3335

WA.No.453 OF 2019

¶3336

AGAINST THE ORDER/JUDGMENT IN WP(C) 6981/2018(W) OF HIGH COURT OF KERALA

¶3337

APPELLANT/S:

¶3338

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶3339

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIURVANANTHAPURAM-695 001.

¶3340

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001

¶3341

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001

¶3342

5 THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGADU, KERALA, 695 001

¶3343

BY ADVS.

¶3344

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3345

RESPONDENT/S:

¶3346

1 NUZZO ENGLISH VIDYALAYA, REPRESENTED BY ITS MANAGER, VATTAPPARA P.O.THIRUVANANTHAPURAM- 28.

¶3347

- 257 -

¶3348

W.A.No.173 of 2019 & connected cases

¶3349

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶3350

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3351

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3352

- 258 -

¶3353

W.A.No.173 of 2019 & connected cases

¶3354

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3355

PRESENT

¶3356

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3357

&

¶3358

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3359

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3360

WA.No.454 OF 2019

¶3361

AGAINST THE ORDER/JUDGMENT IN WP(C) 10420/2018(B) OF HIGH COURT OF KERALA

¶3362

APPELLANT/S:

¶3363

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶3364

2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-683513.

¶3365

3 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVOOR-683513.

¶3366

BY ADVS.

¶3367

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3368

RESPONDENT/S:

¶3369

1 ST.FRANCIS ASSISSI E.M.SCHOOL, MADAPLATHURUTH, MOOTHAKUNNAM P.O., VADAKKEKKARA, ERNAKULAM DISTRICT, REP.BY ITS MANAGER, SR.LINCY THUNDATHIL, D/O.JOSSY, AGED 38 YEARS.

¶3370

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3371

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/19.

¶3372

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3373

- 259 -

¶3374

W.A.No.173 of 2019 & connected cases

¶3375

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3376

PRESENT

¶3377

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3378

&

¶3379

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3380

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3381

WA.No.455 OF 2019

¶3382

AGAINST THE ORDER/JUDGMENT IN WP(C) 8950/2018(P) OF HIGH COURT OF KERALA

¶3383

APPELLANT/S:

¶3384

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3385

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695006.

¶3386

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673601.

¶3387

4 THE ASSISTANT EDUCATINAL OFFICER, BALUSSERI, KOZHIKODE-MYSORE-KOLLEGAL ROAD, KODUVALLY, KOZHIKODE-673652.

¶3388

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3389

RESPONDENT/S:

¶3390

1 THE MANAGER SACRED HEART, KINDER GARDEN PREPARATOR SCHOOL, ULLIYERI, KOZHIKODE DISTRICT.

¶3391

- 260 -

¶3392

W.A.No.173 of 2019 & connected cases

¶3393

2 THE CO-ORDINATOR, SARVA SHIKSHA ABHIYAN AKSHAJAM, EAST NADAKAVU, 6, KOZHIKODE, KERALA673011.

¶3394

BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

¶3395

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3396

- 261 -

¶3397

W.A.No.173 of 2019 & connected cases

¶3398

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3399

PRESENT

¶3400

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3401

&

¶3402

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3403

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3404

WA.No.456 OF 2019

¶3405

AGAINST THE ORDER/JUDGMENT IN WP(C) 11180/2018(V) OF HIGH COURT OF KERALA

¶3406

APPELLANT/S:

¶3407

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶3408

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3409

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA, PIN-685585.

¶3410

4 THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, PIN-685585.

¶3411

5 THE ASSISTANT EDUCATIONAL OFFICER, ADIMALI, PIN-685581.

¶3412

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3413

RESPONDENT/S:

¶3414

1 STEWARDS ASSOCIATION IN INDIA GARDEN HILLS PUBLIC SCHOOL, PAMPUMKAYAM, MANKULAM P.O, IDUKKI DISTRICT, PIN-685565, REPRESENTED BY ITS MANAGER, KOSHY K PAUL,AGED 38 YEARS,S/O.PAUL K. RAMAKRISHNAN.

¶3415

- 262 -

¶3416

W.A.No.173 of 2019 & connected cases

¶3417

2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶3418

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 456/2019.

¶3419

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3420

- 263 -

¶3421

W.A.No.173 of 2019 & connected cases

¶3422

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3423

PRESENT

¶3424

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3425

&

¶3426

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3427

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3428

WA.No.457 OF 2019

¶3429

AGAINST THE ORDER/JUDGMENT IN WP(C) 30551/2017(T) OF HIGH COURT OF KERALA

¶3430

APPELLANT/S:

¶3431

1 STATE OF KERALA, REP.BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANNATHAPURAM-695001.

¶3432

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3433

3 THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT-680021.

¶3434

4 THE ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR DISTRICT-680732.

¶3435

BY ADVS.

¶3436

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3437

RESPONDENT/S:

¶3438

1 GRACE INTERNATIONAL SCHOOL, REPRESENTED BY THE CHAIRMAN DR.RAJU DAVIS PEEPPADAN, AGED 58 YEARS, SON OF SHRI.DAVIS, MALA, GRACE KNOWLEDGE VILLAGE, MALAPALLIPURAM P.O., PLAVINMURI, THRISSUR DISTRICT-680732 (RESIDING AT PEREPADAN HOUSE, MALA. THRISSUR DISTRICT).

¶3439

- 264 -

¶3440

W.A.No.173 of 2019 & connected cases

¶3441

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, 'SHIKSHA KENDRA', 2, COMMUNICTY CENTRE, PREET VIHAR, DELHI-110301.

¶3442

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3443

- 265 -

¶3444

W.A.No.173 of 2019 & connected cases

¶3445

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3446

PRESENT

¶3447

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3448

&

¶3449

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3450

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3451

WA.No.458 OF 2019

¶3452

AGAINST THE ORDER/JUDGMENT IN WP(C) 6971/2018(V) OF HIGH COURT OF KERALA

¶3453

APPELLANT/S:

¶3454

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3455

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3456

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691506, KERALA.

¶3457

4 THE DEPUTY DIRECTOR OF EDUCATON, KOLLAM-691506, KERALA.

¶3458

5 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL-691306, KERALA.

¶3459

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3460

RESPONDENT/S:

¶3461

1 CARMALGIRI CENTRAL SCHOOL REPRESENTED BY THE PRINCIPAL, BHARATHEEPURAM.P.O., ANCHAL, KOLLAM DISTRICT, KERALA-691330.

¶3462

- 266 -

¶3463

W.A.No.173 of 2019 & connected cases

¶3464

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶3465

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3466

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3467

- 267 -

¶3468

W.A.No.173 of 2019 & connected cases

¶3469

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3470

PRESENT

¶3471

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3472

&

¶3473

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3474

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3475

WA.No.459 OF 2019

¶3476

AGAINST THE ORDER/JUDGMENT IN WP(C) 18417/2017(B) OF HIGH COURT OF KERALA

¶3477

APPELLANT/S:

¶3478

1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695001.

¶3479

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶3480

3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT-678001.

¶3481

4 THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD DISTRICT-679534.

¶3482

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3483

RESPONDENT/S:

¶3484

1 THE MANAGER, SREE VYASA VIDYANIKETHAN, KAPPUR, PALAKKAD DISTRICT.

¶3485

- 268 -

¶3486

W.A.No.173 of 2019 & connected cases

¶3487

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶3488

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 459/2019.

¶3489

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3490

W.A.No.173 of 2019 & connected cases

¶3491

- 269 -

¶3492

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3493

PRESENT

¶3494

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3495

&

¶3496

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3497

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941 WA.No.460 OF 2019

¶3498

AGAINST THE ORDER/JUDGMENT IN WP(C) 32318/2017(L) OF HIGH COURT OF KERALA

¶3499

APPELLANT/S:

¶3500

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶3501

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3502

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, ERNAKULAM.

¶3503

4 ASSISTANT EDUCATIONAL OFFICER, KOLENCHERRY-682311.

¶3504

BY ADVS.

¶3505

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3506

RESPONDENT/S:

¶3507

1 THE MANAGER,ST.PAUL' S BETHANY SCHOOL, KOLENCHERRY, ERNAKULAM-682311.

¶3508

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶3509

BY ADV. SRI NIRMAL S. (B/O)

¶3510

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3511

- 270 -

¶3512

W.A.No.173 of 2019 & connected cases

¶3513

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3514

PRESENT

¶3515

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3516

&

¶3517

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3518

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3519

WA.No.461 OF 2019

¶3520

AGAINST THE ORDER/JUDGMENT IN WP(C) 34299/2015(J) OF HIGH COURT OF KERALA

¶3521

APPELLANT/S:

¶3522

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶3523

2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY P.O, THIRUVANANTHAPURAM-695014.

¶3524

3 DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA-689101.

¶3525

4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689641.

¶3526

5 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA.

¶3527

BY ADVS.

¶3528

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3529

RESPONDENT/S:

¶3530

1 MANAGER, ST.THOMAS BETHANY CENTRAL SCHOOL, ELANTHOOR, PATHANAMTHITTA-689643.

¶3531

- 271 -

¶3532

W.A.No.173 of 2019 & connected cases

¶3533

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶3534

(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶3535

BY ADVS. SRI.JOSE ABRAHAM(J) SRI.MANU SRINATH SRI.N.RAGESH SHRI.MANOJ GEORGE SRI. SANJAY R HEGDE, SR SRI NIRMAL S. (B/O)

¶3536

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3537

- 272 -

¶3538

W.A.No.173 of 2019 & connected cases

¶3539

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3540

PRESENT

¶3541

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3542

&

¶3543

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3544

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3545

WA.No.462 OF 2019

¶3546

AGAINST THE ORDER/JUDGMENT IN WP(C) 34943/2017(P) OF HIGH COURT OF KERALA

¶3547

APPELLANT/S:

¶3548

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶3549

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM-695014.

¶3550

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, PERAMBRA, KOZHIKODE DISTRICT-673525.

¶3551

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3552

RESPONDENT/S:

¶3553

1 THE PRINCIPAL, VIRTUE PUBLIC SCHOOL, KARUVANNUR P.O., NADUVANNUR, KOZHIKODE DISTRICT-673614.

¶3554

- 273 -

¶3555

W.A.No.173 of 2019 & connected cases

¶3556

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3557

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 462/2019.

¶3558

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3559

- 274 -

¶3560

W.A.No.173 of 2019 & connected cases

¶3561

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3562

PRESENT

¶3563

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3564

&

¶3565

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3566

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3567

WA.No.463 OF 2019

¶3568

AGAINST THE ORDER/JUDGMENT IN WP(C) 8690/2018(I) OF HIGH COURT OF KERALA

¶3569

APPELLANT/S:

¶3570

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAURAM-695001.

¶3571

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3572

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001.

¶3573

4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY-686507.

¶3574

BY ADVS.

¶3575

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3576

RESPONDENT/S:

¶3577

1 THE MANAGER, SHERMOUNT PUBLIC SCHOOL, ERUMELY, KOTTAYAM.

¶3578

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3579

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 463/2019.

¶3580

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3581

- 275 -

¶3582

W.A.No.173 of 2019 & connected cases

¶3583

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3584

PRESENT

¶3585

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3586

&

¶3587

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3588

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3589

WA.No.464 OF 2019

¶3590

AGAINST THE ORDER/JUDGMENT IN WP(C) 22613/2017(B) OF HIGH COURT OF KERALA

¶3591

APPELLANT/S:

¶3592

1 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR DISTRICT-670001.

¶3593

2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR DISTRICT-670001.

¶3594

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001.

¶3595

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3596

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶3597

BY ADVS.

¶3598

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3599

RESPONDENT/S:

¶3600

1 M.PRADEEP KUMAR, CHAIRMAN, JAWAHAR MEMORIAL TRUST, MANAGER, CHACHA ENGLISH MEDIUM SCHOOL, S.S. TEMPLE ROAD, PAYYANNUR POST, KANNUR DISTRICT-670307.

¶3601

- 276 -

¶3602

W.A.No.173 of 2019 & connected cases

¶3603

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3604

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 464/2019.

¶3605

BY ADV. SRI.M.SASINDRAN

¶3606

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3607

- 277 -

¶3608

W.A.No.173 of 2019 & connected cases

¶3609

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3610

PRESENT

¶3611

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3612

&

¶3613

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3614

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3615

WA.No.465 OF 2019

¶3616

AGAINST THE ORDER/JUDGMENT IN WP(C) 10756/2018(T) OF HIGH COURT OF KERALA

¶3617

APPELLANT/S:

¶3618

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3619

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶3620

3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT -676505.

¶3621

4 THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT-676302.

¶3622

BY ADVS.

¶3623

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3624

RESPONDENT/S:

¶3625

THE MANAGER, ISMATH ENGLISH MEDIUM SCHOOL, KALAD, NIRAMARUTHUR P.O., TIRUR, MALAPPURAM DISTRICT-676109.

¶3626

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3627

- 278 -

¶3628

W.A.No.173 of 2019 & connected cases

¶3629

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3630

PRESENT

¶3631

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3632

&

¶3633

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3634

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3635

WA.No.466 OF 2019

¶3636

AGAINST THE ORDER/JUDGMENT IN WP(C) 9237/2018(D) OF HIGH COURT OF KERALA

¶3637

APPELLANT/S:

¶3638

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3639

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAURAM-695001.

¶3640

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001.

¶3641

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686001.

¶3642

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686001.

¶3643

BY ADVS.

¶3644

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶3645

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3646

RESPONDENT/S:

¶3647

1 S.N. ENGLISH MEDIUM SCHOOL, PARIPPU, PIN-686014, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER.

¶3648

- 279 -

¶3649

W.A.No.173 of 2019 & connected cases

¶3650

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶3651

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3652

- 280 -

¶3653

W.A.No.173 of 2019 & connected cases

¶3654

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3655

PRESENT

¶3656

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3657

&

¶3658

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3659

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3660

WA.No.467 OF 2019

¶3661

AGAINST THE ORDER/JUDGMENT IN WP(C) 9502/2018(K) OF HIGH COURT OF KERALA

¶3662

APPELLANT/S:

¶3663

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3664

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3665

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA.

¶3666

4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001, KERALA.

¶3667

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA.

¶3668

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3669

RESPONDENT/S:

¶3670

1 ORSLEM PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, UDAYANAPURAM, VAIKOM, KERALA, POSTAL CODE -688526.

¶3671

- 281 -

¶3672

W.A.No.173 of 2019 & connected cases

¶3673

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶3674

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3675

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3676

- 282 -

¶3677

W.A.No.173 of 2019 & connected cases

¶3678

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3679

PRESENT

¶3680

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3681

&

¶3682

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3683

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3684

WA.No.468 OF 2019

¶3685

AGAINST THE ORDER/JUDGMENT IN WP(C) 9957/2018(T) OF HIGH COURT OF KERALA

¶3686

APPELLANT/S:

¶3687

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001

¶3688

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN -695 014

¶3689

3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE- 673 001.

¶3690

4 THE DISTRICT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE- 673 001

¶3691

5 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, FEROKE, KOZHIKODE -673 631.

¶3692

BY ADVS.

¶3693

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3694

RESPONDENT/S:

¶3695

1 THE FSC ENGLISH MEDIUM SCHOOL, KARUVANTHURUTHY , FEROKE, KOZHIKODE -673 631, REPRESENTED BY ITS MANAGER, T.SHANMUGHAN.

¶3696

- 283 -

¶3697

W.A.No.173 of 2019 & connected cases

¶3698

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3699

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 468/2019.

¶3700

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3701

- 284 -

¶3702

W.A.No.173 of 2019 & connected cases

¶3703

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3704

PRESENT

¶3705

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3706

&

¶3707

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3708

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3709

WA.No.469 OF 2019

¶3710

AGAINST THE ORDER/JUDGMENT IN WP(C) 7668/2018(G) OF HIGH COURT OF KERALA

¶3711

APPELLANT/S:

¶3712

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3713

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3714

3 THE DISTRICT EDUCATIONAL OFFICER, IDUKKI-685584, KERALA.

¶3715

4 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685584, KEARLA.

¶3716

5 THE ASSISTANT EDUCATIONAL OFFICER, IDUKKI-685584, KEARLA.

¶3717

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3718

RESPONDENT/S:

¶3719

1 ST.JOSEPHS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, BALAGRAM P.O, 3RD CAMP, IDUKKI, KERALA-685552.

¶3720

- 285 -

¶3721

W.A.No.173 of 2019 & connected cases

¶3722

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3723

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 469/2019.

¶3724

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3725

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3726

- 286 -

¶3727

W.A.No.173 of 2019 & connected cases

¶3728

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3729

PRESENT

¶3730

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3731

&

¶3732

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3733

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3734

WA.No.470 OF 2019

¶3735

AGAINST THE ORDER/JUDGMENT IN WP(C) 11490/2018(I) OF HIGH COURT OF KERALA

¶3736

APPELLANT/S:

¶3737

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM- 695 001.

¶3738

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM -695 014

¶3739

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM -691001.

¶3740

4 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA, KOLLAM DISTRICT -691 001.

¶3741

BY ADVS.

¶3742

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3743

RESPONDENT/S:

¶3744

P.H. MOHAMMED KUNJU, AGED 58 YEARS SON OF HYDROSE KUNJU, MANAGER, KHADIRIYYA CENTRAL SCHOOL, KOTTUKADU, P.O.MUKUNDAPURAM, KOLLAM DISTRICT - 691 585.

¶3745

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3746

- 287 -

¶3747

W.A.No.173 of 2019 & connected cases

¶3748

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3749

PRESENT

¶3750

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3751

&

¶3752

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3753

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3754

WA.No.471 OF 2019

¶3755

AGAINST THE ORDER/JUDGMENT IN WP(C) 13800/2018(Y) OF HIGH COURT OF KERALA

¶3756

APPELLANT/S:

¶3757

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001

¶3758

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM -695 014

¶3759

3 DEPUTY DIRECTOR OF EDUCATION,

¶3760

THEVALLY P.O.,KOLLAM DISTRICT, PIN -691 009

¶3761

4 DISTRICT EDUCATIONAL OFFICER, KOLLAM -691 013

¶3762

5 ASSISTANT EDUCATIONAL OFFICER, THEVALLY P.O.KOLLAM DISTRICT PIN 691 009

¶3763

BY ADVS.

¶3764

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3765

RESPONDENT/S:

¶3766

1 N.S.M.E.M.L.P. SCHOOL, KOTTIYAM P.O., KOLLAM DISTRICT, PIN -691 571, REPRESENTED BY ITS CORPORATE MANAGER,

¶3767

REV. MOTHER REXIA MARY, D/O ALBERT, AGED 51 YEARS, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA P.O., PALATHARA, KOLLAM.

¶3768

- 288 -

¶3769

W.A.No.173 of 2019 & connected cases

¶3770

2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301, REPRESENTED BY ITS SECRETARY

¶3771

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3772

- 289 -

¶3773

W.A.No.173 of 2019 & connected cases

¶3774

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3775

PRESENT

¶3776

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3777

&

¶3778

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3779

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3780

WA.No.472 OF 2019

¶3781

AGAINST THE ORDER/JUDGMENT IN WP(C) 39084/2017(I) OF HIGH COURT OF KERALA

¶3782

APPELLANT/S:

¶3783

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶3784

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3785

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, THEVALLY.P.O., KOLLAM-691009.

¶3786

4 DISTRICT EDUCATIONAL OFFICE, KOTTARAKKARA-691505.

¶3787

BY ADVS.

¶3788

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3789

RESPONDENT/S:

¶3790

1 MANAGER, RYANS ENGLISH SCHOOL, MARANADU, EZHUKONE, KOTTARAKKARA, PIN-691505.

¶3791

- 290 -

¶3792

W.A.No.173 of 2019 & connected cases

¶3793

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶3794

BY ADV. SRI NIRMAL S. (B/O)

¶3795

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3796

- 291 -

¶3797

W.A.No.173 of 2019 & connected cases

¶3798

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3799

PRESENT

¶3800

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3801

&

¶3802

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3803

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3804

WA.No.473 OF 2019

¶3805

AGAINST THE ORDER/JUDGMENT IN WP(C) 9017/2018(B) OF HIGH COURT OF KERALA

¶3806

APPELLANT/S:

¶3807

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3808

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3809

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR DISTRICT-670307.

¶3810

4 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O., KOLLAM DISTRICT-691009.

¶3811

BY ADVS.

¶3812

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3813

RESPONDENT/S:

¶3814

1 LATHEEFIYA SENIOR SECONDARY ENGLISH SCHOOL, REPRESENTED BY ITS MANAGER,

¶3815

S.ASHARAF, AGED 48 YEARS, S/O.HAMEED HAJI, BYE PASS JUNCTION, NH PERUMBA, PAYYANNUR.P.O., KANNUR DISTRICT-670307,(RESIDING AT S HOUSE, PERUMBA, PAYYANNUR.P.O., KANNUR DISTRICT-670307.

¶3816

- 292 -

¶3817

W.A.No.173 of 2019 & connected cases

¶3818

2 T.M.J. CENTRAL SCHOOL(CBSE), REPRESENTED BY ITS MANAGER, MR.M.A.ABDUL AZEEZ, AGED 68 YEARS, S/O.MEERA SAHIB RAWTHER, THADICADU, KOLLAM DISTRICT-691306

¶3819

(RESIDING AT KETTIDATHIL HOUSE, THADIKKAD.P.O., KOLLAM DISTRICT-691306)

¶3820

3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶3821

ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 473/2019.

¶3822

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3823

- 293 -

¶3824

W.A.No.173 of 2019 & connected cases

¶3825

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3826

PRESENT

¶3827

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3828

&

¶3829

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3830

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3831

WA.No.474 OF 2019

¶3832

AGAINST THE ORDER/JUDGMENT IN WP(C) 9261/2018(G) OF HIGH COURT OF KERALA

¶3833

APPELLANT/S:

¶3834

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶3835

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE -695 001

¶3836

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686 001

¶3837

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA- 686 001

¶3838

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM 686 001

¶3839

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3840

RESPONDENT/S:

¶3841

1 MANNAM MEMORIAL PUBLIC SCHOOL, PAMPADY, VELLOOR P.O., KOTTAYAM DISTRICT, PIN- 686 501.

¶3842

- 294 -

¶3843

W.A.No.173 of 2019 & connected cases

¶3844

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110301.

¶3845

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3846

- 295 -

¶3847

W.A.No.173 of 2019 & connected cases

¶3848

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3849

PRESENT

¶3850

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3851

&

¶3852

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3853

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3854

WA.No.475 OF 2019

¶3855

AGAINST THE ORDER/JUDGMENT IN WP(C) 7127/2018(M) OF HIGH COURT OF KERALA

¶3856

APPELLANT/S:

¶3857

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3858

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶3859

3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670307, KERALA.

¶3860

4 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670307, KERALA.

¶3861

5 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KERALA-670307.

¶3862

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3863

RESPONDENT/S:

¶3864

1 SANJOSE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS HEADMISTRESS, MADAKAMPOIL, KANNUR, KERALA-682030.

¶3865

- 296 -

¶3866

W.A.No.173 of 2019 & connected cases

¶3867

2 ADDL.R2- SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 1/2019 IN W.A NO 475/2019)

¶3868

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶3869

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3870

- 297 -

¶3871

W.A.No.173 of 2019 & connected cases

¶3872

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3873

PRESENT

¶3874

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3875

&

¶3876

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3877

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3878

WA.No.476 OF 2019

¶3879

AGAINST THE ORDER/JUDGMENT IN WP(C) 26887/2017(I) OF HIGH COURT OF KERALA

¶3880

APPELLANT/S:

¶3881

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶3882

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM- 695 014.

¶3883

3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, MAVELIKKARA.

¶3884

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA.

¶3885

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3886

RESPONDENT/S:

¶3887

1 ST.STEPHEN'S ORTHODOX SYRIAN CHURCH CHARITABLE SOCIETY, KATTANAM, PALLICKAL P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY, MATHEW PHILIP, RESIDING AT KALLUVILAYIL JOJIVILLA, SOUTH BHARANICKAVU, PALLICKAL P.O., ALAPPUZHA-690 503.

¶3888

- 298 -

¶3889

W.A.No.173 of 2019 & connected cases

¶3890

2 P.YOHANNAN,

¶3891

PRESIDENT OF ST.STEPHEN'S ORTHODOX SYRIAN CHURCH CHARITABLE SOCIETY, KATTANAM, PALLICKAL P.O., ALAPPUZHA, RESIDING AT BINU BHAWANAM, PALLICKAL P.O., ALAPPUZHA- 690 503.

¶3892

3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶3893

ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO.2/2019 IN WA NO.476/2019.

¶3894

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3895

- 299 -

¶3896

W.A.No.173 of 2019 & connected cases

¶3897

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3898

PRESENT

¶3899

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3900

&

¶3901

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3902

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3903

WA.No.477 OF 2019

¶3904

AGAINST THE ORDER/JUDGMENT IN WP(C) 9011/2018(B) OF HIGH COURT OF KERALA

¶3905

APPELLANT/S:

¶3906

1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶3907

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 034.

¶3908

3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA- 689 645.

¶3909

4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, PATHANAMTHITTA- 689 645.

¶3910

BY ADVS.

¶3911

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3912

RESPONDENT/S:

¶3913

1 MULAMOOTTIL CENTRAL SCHOOL, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT- 689 641, REPRESENTED BY ITS MANAGER, JACOB THOMAS, S/O LATE M.A. THOMAS, AGED 72 YEARS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT 689 641.

¶3914

- 300 -

¶3915

W.A.No.173 of 2019 & connected cases

¶3916

2 INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED BY ITS SECRETARY (CHIEF EXECUTIVE), PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI -110 019.

¶3917

BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.ARUN.B.VARGHESE

¶3918

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3919

- 301 -

¶3920

W.A.No.173 of 2019 & connected cases

¶3921

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3922

PRESENT

¶3923

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3924

&

¶3925

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3926

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3927

WA.No.478 OF 2019

¶3928

¶3929

APPELLANT/S:

¶3930

1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶3931

2 THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT.

¶3932

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶3933

BY ADVS.

¶3934

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3935

RESPONDENT/S:

¶3936

1 MOTHER INDIA EDUCATION SOCIETY, SECTOR-B, KONDLI-GHAORULL MAYUR VIHAR, PHASE-III, DELHI-110 096, REP.BY AUTHORIZED SIGNATORY.

¶3937

- 302 -

¶3938

W.A.No.173 of 2019 & connected cases

¶3939

2 CENTRAL BOARD OF SECONDATRY EDUCATION (CBSE), REPRESENTED BY ITS SECRETARY, VIKAS MARG, C-BLOCK, PREET VIHAR, NEW DELHI - 110 062.

¶3940

BY ADVS. SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM SRI.DILEEP CHANDRAN SRI.SHASHANK DEVAN

¶3941

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3942

- 303 -

¶3943

W.A.No.173 of 2019 & connected cases

¶3944

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3945

PRESENT

¶3946

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3947

&

¶3948

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3949

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3950

WA.No.479 OF 2019

¶3951

AGAINST THE ORDER/JUDGMENT IN WP(C) 26673/2017(H) OF HIGH COURT OF KERALA

¶3952

APPELLANT/S:

¶3953

1 STATE OF KERALA, REPRESENED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.

¶3954

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶3955

3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD-678001.

¶3956

4 DISTRICT EDUCATINAL OFFICER, PALAKKAD-678001.

¶3957

5 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679101.

¶3958

6 DISTRICT EDUCATIONAL OFFICER, THRISSUR-680001.

¶3959

7 DISTRICT EDUCATIONAL OFFICER, CALICUT-673001.

¶3960

8 ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD-679303.

¶3961

9 ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD-678682.

¶3962

- 304 -

¶3963

W.A.No.173 of 2019 & connected cases

¶3964

10 ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD-679534.

¶3965

11 ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY, THRISSUR-680582.

¶3966

12 ASSISTANT EDUCATIONAL OFFICER, FEOROKE, CALICUT-673631.

¶3967

13 ASSISTANT EDUCATIONAL OFFICER, CHITTUR, PALAKKAD-678506.

¶3968

14 ASSISTANT EDUCATIONAL OFFICER, KOPPAM, PALAKKAD-678001.

¶3969

BY ADVS.

¶3970

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶3971

RESPONDENT/S:

¶3972

1 MANAGER, SCHOLAR E.M SCHOOL, PERUMUDIYOOR P.O., PATTAMBI, PALAKKAD, PIN-679303.

¶3973

2 MANAGER, SREE VIWESWARA E.M.SCHOOL, WEST YAKKARA, PALAKKAD, PIN-678001.

¶3974

3 MANAGER, SUN FORD E.M.SCHOOL, PANNIYAMPADAM, MUTTIKULANGARA P.O., PALAKKAD, PIN-678 594.

¶3975

4 MANAGER, BLOOMING BUDS SCHOOL, VADAKKENCHERY P.O., PALAKKAD, PIN-678 683.

¶3976

5 MANAGER, MERIDIAN ENGLISH SCHOOL, ALIKKARA, CHALLISSERY P.O., PALAKKAD, PIN-679 536.

¶3977

6 MANAGER, NETHAJI MEMORIAL ENGLISH SCHOOL, MECHERIKUNNU, CHERUTHURUTHI, THRISSUR, PIN-679 531.

¶3978

W.A.No.173 of 2019 & - 305 - connected cases

¶3979

7 MANAGER LITTLE KIDS E.M. SCHOOL, NALLALAM BAZAR, NALLALAM P.O., CALICUT, PIN-673 027.

¶3980

8 MANAGER, CHITHAMBARAM MEMORIAL PUBLIC SCHOOL, KODUMBU P.O., PALAKKAD, PIN- 678 551.

¶3981

9 SRI. REINER KUNIYATH, MANAGER, CSI ENGLISH MEDIUM SCHOOL, ROBINSON ROAD, PIN- 678 014.

¶3982

10 ADDL.R10 SECRETARY (AFFILIATION CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶3983

(ADDL.R10 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶3984

BY ADV. SRI NIRMAL S. (B/O)

¶3985

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶3986

- 306 -

¶3987

W.A.No.173 of 2019 & connected cases

¶3988

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3989

PRESENT

¶3990

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶3991

&

¶3992

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶3993

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶3994

WA.No.480 OF 2019

¶3995

AGAINST THE ORDER/JUDGMENT IN WP(C) 9239/2018(D) OF HIGH COURT OF KERALA

¶3996

APPELLANT/S:

¶3997

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶3998

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001.

¶3999

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001.

¶4000

4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM, KERALA-686 001.

¶4001

5 THE ASSISTANT EDUCATIONAL OFFICER, PONKUNNAM, KOTTAYAM-686 001.

¶4002

BY ADVS.

¶4003

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4004

RESPONDENT/S:

¶4005

1 K.M.J. PUBLIC SCHOOL, KOOTTICKAL P.O, PIN-686514, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER.

¶4006

- 307 -

¶4007

W.A.No.173 of 2019 & connected cases

¶4008

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶4009

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶4010

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4011

- 308 -

¶4012

W.A.No.173 of 2019 & connected cases

¶4013

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4014

PRESENT

¶4015

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4016

&

¶4017

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4018

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4019

WA.No.481 OF 2019

¶4020

AGAINST THE ORDER/JUDGMENT IN WP(C) 8076/2018(H) OF HIGH COURT OF KERALA

¶4021

APPELLANT/S:

¶4022

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶4023

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶4024

3 THE DEPUTY DIRECTOR OF EDUCATION,

¶4025

KOTTAYAM DISTRICT - 686 001.

¶4026

4 THE DISTRICT EDCUATIONAL OFFICER, KOTTAYAM DISTRICT - 686 001.

¶4027

5 THE ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 101.

¶4028

BY ADVS.

¶4029

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4030

RESPONDENT/S:

¶4031

1 THE MANAGER, CARMEL SCHOOL, MADAPPALLY P.O., CHANGANACHERRY, KOTTAYAM DISTRICT - 686 546.

¶4032

- 309 -

¶4033

W.A.No.173 of 2019 & connected cases

¶4034

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.

¶4035

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 481/2019.

¶4036

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4037

- 310 -

¶4038

W.A.No.173 of 2019 & connected cases

¶4039

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4040

PRESENT

¶4041

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4042

&

¶4043

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4044

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4045

WA.No.482 OF 2019

¶4046

AGAINST THE ORDER/JUDGMENT IN WP(C) 6987/2018(W) OF HIGH COURT OF KERALA

¶4047

APPELLANT/S:

¶4048

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶4049

2 THE DIRECGOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶4050

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.

¶4051

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶4052

5 THE ASSISTANT EDUCATIONAL OFFICER, SOUTH THIRUVANANTHAPURAM - 695 001.

¶4053

BY ADVS.

¶4054

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4055

RESPONDENT/S:

¶4056

1 ROSMINI CONVENT SCHOOL REPRESENTED BY ITS HEADMISTRESS, CHERIATHURA, THIRUVANANTHAPURAM - 695 008.

¶4057

- 311 -

¶4058

W.A.No.173 of 2019 & connected cases

¶4059

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶4060

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶4061

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4062

- 312 -

¶4063

W.A.No.173 of 2019 & connected cases

¶4064

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4065

PRESENT

¶4066

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4067

&

¶4068

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4069

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4070

WA.No.483 OF 2019

¶4071

AGAINST THE ORDER/JUDGMENT IN WP(C) 38248/2017(E) OF HIGH COURT OF KERALA

¶4072

APPELLANT/S:

¶4073

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶4074

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶4075

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691013,

¶4076

4 THE ASSISTANT EDUCATIONAL OFFICER, THEVALLY, KOLLAM-691009.

¶4077

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4078

RESPONDENT/S:

¶4079

1 THE MANAGER, NSS CENTRAL SCHOOL, KOTTACKAKAM, PERINAD P.O., KOLLAM DISTRICT, PIN-691601.

¶4080

- 313 -

¶4081

W.A.No.173 of 2019 & connected cases

¶4082

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4083

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 483/2019.

¶4084

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4085

- 314 -

¶4086

W.A.No.173 of 2019 & connected cases

¶4087

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4088

PRESENT

¶4089

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4090

&

¶4091

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4092

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4093

WA.No.484 OF 2019

¶4094

AGAINST THE ORDER/JUDGMENT IN WP(C) 9507/2018(K) OF HIGH COURT OF KERALA

¶4095

APPELLANT/S:

¶4096

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶4097

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶4098

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001.

¶4099

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695001.

¶4100

5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM SOUTH,KERALA-695541.

¶4101

BY ADVS.

¶4102

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4103

RESPONDENT/S:

¶4104

1 ST.MARYS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, KARAMANA P.O, TRIVANDRUM, KERALA-695002.

¶4105

- 315 -

¶4106

W.A.No.173 of 2019 & connected cases

¶4107

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4108

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 484/2019.

¶4109

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶4110

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4111

- 316 -

¶4112

W.A.No.173 of 2019 & connected cases

¶4113

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4114

PRESENT

¶4115

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4116

&

¶4117

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4118

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941 WA.No.485 OF 2019

¶4119

APPELLANT/S:

¶4120

1 THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶4121

2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695001.

¶4122

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM- 682020.

¶4123

BY ADVS.

¶4124

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4125

RESPONDENT/S:

¶4126

1 THE SECRETARY, KRISTUJYOTHI EDUCATIONAL AND CHARITABLE TRUST, MALAYANKEEZHU, NADUKANI P.O., ERNAKULAM DISTRICT- 686691.

¶4127

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4128

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 485/2019.

¶4129

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4130

- 317 -

¶4131

W.A.No.173 of 2019 & connected cases

¶4132

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4133

PRESENT

¶4134

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4135

&

¶4136

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4137

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4138

WA.No.487 OF 2019

¶4139

AGAINST THE ORDER/JUDGMENT IN WP(C) 36529/2016(M) OF HIGH COURT OF KERALA

¶4140

APPELLANT/S:

¶4141

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

¶4142

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, THYCAUD, THIRUVANANTHAPURAM, KERALA 695 014.

¶4143

3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR, SECOND FLOOR, CIVIL STATION, AYANTHOL, THRISSUR.

¶4144

4 ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR DISTRICT, AEO OFFICE, MALA P.O, THRISSUR DISTRICT, PIN 680 732.

¶4145

BY ADVS.

¶4146

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4147

RESPONDENT/S:

¶4148

1 THE MANAGER, ST.ANTONYS LOWER PRIMARY SCHOOL,ALATHUR, MALA EDUCATIONAL SUB-DISTRICT, THRISSUR 680 741.

¶4149

- 318 -

¶4150

W.A.No.173 of 2019 & connected cases

¶4151

2 VIJNANADAYINI VIDHYA MANDIR ENGLISH MEDIUM LOWER PRIMARY SCHOOL,

¶4152

CHAKKAMPARAMBU, THRISSUR 680 741, REP. BY ITS MANAGER.

¶4153

3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4154

(ADDL.R3 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶4155

BY ADV. SRI.NIRMAL S.(B/O)

¶4156

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4157

- 319 -

¶4158

W.A.No.173 of 2019 & connected cases

¶4159

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4160

PRESENT

¶4161

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4162

&

¶4163

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4164

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4165

WA.No.488 OF 2019

¶4166

AGAINST THE ORDER/JUDGMENT IN WP(C) 38021/2017(C) OF HIGH COURT OF KERALA

¶4167

APPELLANT/S:

¶4168

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.

¶4169

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695001.

¶4170

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691506, KERALA.

¶4171

4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM- 691506, KERALA.

¶4172

5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, VALAKKODE- 691331, KERALA.

¶4173

BY ADVS.

¶4174

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4175

RESPONDENT/S:

¶4176

1 ST.MARYS ENGLISH MEDIUM NURSERY AND L.P SCHOOL, REPRESENTED BY ITS HEADMISTRESS, VETTITHITTA P.O., PUNALUR, KOLLAM DISTRICT, KERALA- 691322.

¶4177

- 320 -

¶4178

W.A.No.173 of 2019 & connected cases

¶4179

2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4180

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 488/2019.

¶4181

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4182

- 321 -

¶4183

W.A.No.173 of 2019 & connected cases

¶4184

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4185

PRESENT

¶4186

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4187

&

¶4188

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4189

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4190

WA.No.489 OF 2019

¶4191

AGAINST THE ORDER/JUDGMENT IN WP(C) 28782/2017(W) OF HIGH COURT OF KERALA

¶4192

APPELLANT/S:

¶4193

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4194

2 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680596,

¶4195

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KUNNAMKULAM-680503.

¶4196

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶4197

BY ADVS.

¶4198

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4199

RESPONDENT/S:

¶4200

1 THE MANAGER, GOODSHEPHERD CMI SCHOOL, WADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR-680 503.

¶4201

- 322 -

¶4202

W.A.No.173 of 2019 & connected cases

¶4203

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶4204

BY ADV. SRI NIRMAL S. (B/O)

¶4205

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4206

- 323 -

¶4207

W.A.No.173 of 2019 & connected cases

¶4208

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4209

PRESENT

¶4210

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4211

&

¶4212

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4213

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4214

WA.No.490 OF 2019

¶4215

AGAINST THE ORDER/JUDGMENT IN WP(C) 8414/2018(B) OF HIGH COURT OF KERALA

¶4216

APPELLANT/S:

¶4217

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4218

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.

¶4219

3 THE DEPUTY DIRECTGOR OF EDUCATION, PATHANAMTHITTA, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA-689101.

¶4220

4 THE DISTRICT EDUCATINAL OFFICER, DISTRICT EDUCATION OFFICE, PATHANAMTHITTA-689645.

¶4221

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF AEO, RANNY-689672.

¶4222

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4223

- 324 -

¶4224

W.A.No.173 of 2019 & connected cases

¶4225

RESPONDENT/S:

¶4226

THE MANAGER, SC ENGLISH MEDIUM SCHOOL, PAZHAVANGADI.P.O., RANNY-689673.

¶4227

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:-

¶4228

- 325 -

¶4229

W.A.No.173 of 2019 & connected cases

¶4230

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4231

PRESENT

¶4232

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4233

&

¶4234

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4235

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4236

WA.No.491 OF 2019

¶4237

AGAINST THE ORDER/JUDGMENT IN WP(C) 3621/2018(C) OF HIGH COURT OF KERALA

¶4238

APPELLANT/S:

¶4239

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶4240

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

¶4241

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, IRINJALAKUDA - 680 121.

¶4242

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR - 680 732.

¶4243

BY ADVS.

¶4244

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶4245

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4246

RESPONDENT/S:

¶4247

1 THE MANAGER VIVEKODHAYAM VINDYAMANDIR, ANNAMANADA, THRISSUR DISTRICT.

¶4248

- 326 -

¶4249

W.A.No.173 of 2019 & connected cases

¶4250

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4251

(ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶4252

BY ADV. SRI NIRMAL S. (B/O)

¶4253

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4254

- 327 -

¶4255

W.A.No.173 of 2019 & connected cases

¶4256

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4257

PRESENT

¶4258

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4259

&

¶4260

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4261

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4262

WA.No.492 OF 2019

¶4263

AGAINST THE ORDER/JUDGMENT IN WP(C) 28246/2017(E) OF HIGH COURT OF KERALA

¶4264

APPELLANT/S:

¶4265

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4266

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014.

¶4267

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.

¶4268

4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR, KOZHIKODE DISTRICT-673002.

¶4269

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4270

RESPONDENT/S:

¶4271

1 THE PRINCIPAL, ICT PUBLIC SCHOOL, MOOZHIKKAL, CHELAVOOR.P.O., KOZHIKODE DISTRICT-673571

¶4272

- 328 -

¶4273

W.A.No.173 of 2019 & connected cases

¶4274

2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶4275

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.492/2019.

¶4276

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4277

- 329 -

¶4278

W.A.No.173 of 2019 & connected cases

¶4279

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4280

PRESENT

¶4281

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4282

&

¶4283

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4284

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4285

WA.No.493 OF 2019

¶4286

AGAINST THE ORDER/JUDGMENT IN WP(C) 6975/2018(V) OF HIGH COURT OF KERALA

¶4287

APPELLANT/S:

¶4288

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695 039.

¶4289

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 001.

¶4290

3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, KERALA -682 011.

¶4291

4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, KERALA -682 011.

¶4292

5 THE ASSISTANT EDUCATION OFFICER, ANGAMALY, KERALA- 683572.

¶4293

BY ADVS.

¶4294

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4295

RESPONDENT/S:

¶4296

1 ST.ARNOLDS CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER N. ADUVASSERY, S. ADUVASSERY (P.O), ERNAKULAM- 683578.

¶4297

- 330 -

¶4298

W.A.No.173 of 2019 & connected cases

¶4299

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110301.

¶4300

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶4301

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4302

- 331 -

¶4303

W.A.No.173 of 2019 & connected cases

¶4304

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4305

PRESENT

¶4306

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4307

&

¶4308

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4309

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4310

WA.No.494 OF 2019

¶4311

AGAINST THE ORDER/JUDGMENT IN WP(C) 13799/2018(Y) OF HIGH COURT OF KERALA

¶4312

APPELLANT/S:

¶4313

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4314

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695014.

¶4315

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691019.

¶4316

4 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691019.

¶4317

5 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM-690518.

¶4318

BY ADVS.

¶4319

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4320

RESPONDENT/S:

¶4321

1 ST.JOSEPHS ENGLISH MEDIUM L.P. SCHOOL, PALLITHOTTAM, KOLLAM, REPRESENTED BY ITS CORPORATE MANAGER, REV.MOTHER REXIA MARY, D/O.ALBERT, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA.P.O., PALATHARA, KOLLAM.-691 020

¶4322

- 332 -

¶4323

W.A.No.173 of 2019 & connected cases

¶4324

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4325

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 494/2019.

¶4326

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4327

- 333 -

¶4328

W.A.No.173 of 2019 & connected cases

¶4329

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4330

PRESENT

¶4331

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4332

&

¶4333

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4334

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4335

WA.No.496 OF 2019

¶4336

AGAINST THE ORDER/JUDGMENT IN WP(C) 31019/2017(B) OF HIGH COURT OF KERALA

¶4337

APPELLANT/S:

¶4338

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶4339

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

¶4340

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680001.

¶4341

4 ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT-680508.

¶4342

BY ADVS.

¶4343

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4344

RESPONDENT/S:

¶4345

1 MANAGER, MUNAVARIYA ENGLISH SCHOOL, MUNAVARIYA ENGLISH SCHOOL, MANIYARAKOD, PERUMPILAVU.P.O., THRISSUR, KERALA-680519.

¶4346

- 334 -

¶4347

W.A.No.173 of 2019 & connected cases

¶4348

2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶4349

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.496/2019.

¶4350

BY ADV. SRI.AVM.SALAHUDIN

¶4351

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4352

- 335 -

¶4353

W.A.No.173 of 2019 & connected cases

¶4354

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4355

PRESENT

¶4356

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4357

&

¶4358

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4359

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4360

WA.No.497 OF 2019

¶4361

AGAINST THE ORDER/JUDGMENT IN WP(C) 33311/2017(L) OF HIGH COURT OF KERALA

¶4362

APPELLANT/S:

¶4363

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶4364

2 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT-670001.

¶4365

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, THALASSERY NORTH, KANNUR DISTRICT-670101.

¶4366

BY ADVS.

¶4367

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4368

RESPONDENT/S:

¶4369

1 THE PRINCIPAL, MES PUBLIC SCHOOL, P.O. KADIRUR, KANNUR DISTRICT.

¶4370

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4371

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 497/2019.

¶4372

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4373

- 336 -

¶4374

W.A.No.173 of 2019 & connected cases

¶4375

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4376

PRESENT

¶4377

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4378

&

¶4379

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4380

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4381

WA.No.498 OF 2019

¶4382

AGAINST THE ORDER/JUDGMENT IN WP(C) 11808/2018(A) OF HIGH COURT OF KERALA

¶4383

APPELLANT/S:

¶4384

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶4385

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014.

¶4386

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO MANKADA, MALAPPURAM DISTRICT -679 324.

¶4387

BY ADVS.

¶4388

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4389

RESPONDENT/S:

¶4390

1 THE PRINCIPAL, GUIDANCE ENGLISH MEDIUM SCHOOL (CBSE), P.O MOORKKANAD, MALAPPURAM DISTRICT 679 338.

¶4391

- 337 -

¶4392

W.A.No.173 of 2019 & connected cases

¶4393

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶4394

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.498/2019.

¶4395

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4396

- 338 -

¶4397

W.A.No.173 of 2019 & connected cases

¶4398

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4399

PRESENT

¶4400

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4401

&

¶4402

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4403

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4404

WA.No.499 OF 2019

¶4405

AGAINST THE ORDER/JUDGMENT IN WP(C) 7847/2018(E) OF HIGH COURT OF KERALA

¶4406

APPELLANT/S:

¶4407

1 THE STATE OF KERALA, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY.

¶4408

2 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL,

¶4409

THIRUVANANTHAPURAM DISTRICT-PIN 695 101.

¶4410

3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR, THIRUVANANTHAPURAM-695 601.

¶4411

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4412

RESPONDENT/S:

¶4413

1 THE MANAGER, VIDHYA JYOTHI ENGLISH SCHOOL, PAPPALA, THATTATHUMALA P.O, KILIMANOOR, THIRUVANANTHAPURAM.

¶4414

- 339 -

¶4415

W.A.No.173 of 2019 & connected cases

¶4416

2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶4417

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.499/2019.

¶4418

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4419

- 340 -

¶4420

W.A.No.173 of 2019 & connected cases

¶4421

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4422

PRESENT

¶4423

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4424

&

¶4425

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4426

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4427

WA.No.500 OF 2019

¶4428

AGAINST THE ORDER/JUDGMENT IN WP(C) 33373/2017(V) OF HIGH COURT OF KERALA

¶4429

APPELLANT/S:

¶4430

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶4431

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHARUAM-695001.

¶4432

3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR, IDUKKI, THODUPUZHA-685584.

¶4433

4 DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685584.

¶4434

BY ADVS.

¶4435

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4436

RESPONDENT/S:

¶4437

1 MANAGER, ROSEMEAD INTERNATIONAL SCHOOL, KANJIKUZHY, ALPARA.P.O., IDUKKI-685606.

¶4438

- 341 -

¶4439

W.A.No.173 of 2019 & connected cases

¶4440

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶4441

BY ADV. SRI NIRMAL S. (B/O)

¶4442

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4443

- 342 -

¶4444

W.A.No.173 of 2019 & connected cases

¶4445

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4446

PRESENT

¶4447

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4448

&

¶4449

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4450

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4451

WA.No.501 OF 2019

¶4452

AGAINST THE ORDER/JUDGMENT IN WP(C) 36865/2017(G) OF HIGH COURT OF KERALA

¶4453

APPELLANT/S:

¶4454

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶4455

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶4456

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O., KOLLAM DISTRICT-691009.

¶4457

4 THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, ASSISTANT EDUCATION OFFICE, P.O, KUNDRA, KOLLAM-691501.

¶4458

BY ADVS.

¶4459

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4460

RESPONDENT/S:

¶4461

1 THE VARINJAVILA ST.MARYS CENTRAL SCHOOL, SITUATED AT VARINJAVILA PALLY COMPOUND, MEEYANNOOR POST IN KOLLAM DISTRICT-691537, REPRESENTED BY THE MANAGER.

¶4462

FR.KOSHY GEORGE MUTHALALY, AGED 46 YEARS, S/O. V.K. GEORGE MUTHALALY, (RESIDING AT VARINJAVILA ST.MARYS CHURCH AS VICAR)

¶4463

- 343 -

¶4464

W.A.No.173 of 2019 & connected cases

¶4465

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4466

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 .

¶4467

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4468

- 344 -

¶4469

W.A.No.173 of 2019 & connected cases

¶4470

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4471

PRESENT

¶4472

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4473

&

¶4474

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4475

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4476

WA.No.502 OF 2019

¶4477

AGAINST THE ORDER/JUDGMENT IN WP(C) 755/2018(T) OF HIGH COURT OF KERALA

¶4478

APPELLANT/S:

¶4479

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4480

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

¶4481

3 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.

¶4482

4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE-673001.

¶4483

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4484

RESPONDENT/S:

¶4485

1 THE MANAGER, ST.PATRICKS JUNIOR SCHOOL, FRANCIS ROAD, KOZHIKODE-673002.

¶4486

- 345 -

¶4487

W.A.No.173 of 2019 & connected cases

¶4488

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4489

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 2/2019 IN WA NO. 502/2019.

¶4490

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4491

- 346 -

¶4492

W.A.No.173 of 2019 & connected cases

¶4493

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4494

PRESENT

¶4495

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4496

&

¶4497

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4498

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4499

WA.No.503 OF 2019

¶4500

AGAINST THE ORDER/JUDGMENT IN WP(C) 5160/2018(T) OF HIGH COURT OF KERALA

¶4501

APPELLANT/S:

¶4502

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4503

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶4504

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT-689101.

¶4505

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4506

RESPONDENT/S:

¶4507

THE ST THOMAS MARTHOMA SCHOOL SITUATED AT NIRANAM,P.O., NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689629, REPRESENTED BY ITS MANAGER, REV.FR.T.SAMUEL, AGED 64 YEARS, SON OF LATE THOMAS (RESIDING AT PARSONAGE, ST.THOMAS MAR THOMA CHURCH, NIRANAM.P.O., NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689629).

¶4508

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4509

- 347 -

¶4510

W.A.No.173 of 2019 & connected cases

¶4511

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4512

PRESENT

¶4513

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4514

&

¶4515

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4516

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4517

WA.No.504 OF 2019

¶4518

AGAINST THE ORDER/JUDGMENT IN WP(C) 11208/2018(A) OF HIGH COURT OF KERALA

¶4519

APPELLANT/S:

¶4520

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4521

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶4522

3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA-688011

¶4523

4 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA-688011.

¶4524

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4525

RESPONDENT/S:

¶4526

1 THE MANAGER, ST.MARYS ENGLISH MEDIUM SCHOOL, PUNNAPARA, ALAPPUZHA DISTRICT, SISTER CISY JACOB, AGED 60 YEARS, D/O.CHAKOCHAN, RESIDING AT FRANCIS SALES CONVENT, PUNNAPRA, ALAPPUZHA-4.

¶4527

- 348 -

¶4528

W.A.No.173 of 2019 & connected cases

¶4529

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4530

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 504/2019.

¶4531

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4532

- 349 -

¶4533

W.A.No.173 of 2019 & connected cases

¶4534

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4535

PRESENT

¶4536

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4537

&

¶4538

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4539

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4540

WA.No.505 OF 2019

¶4541

AGAINST THE ORDER/JUDGMENT IN WP(C) 12798/2017(Y) OF HIGH COURT OF KERALA

¶4542

APPELLANT/S:

¶4543

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM - 695 039.

¶4544

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶4545

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM - 691 506.

¶4546

4 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.

¶4547

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICE, VELIYAM, ODANAVATTOM P.O., PIN - 691 512. 6 THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR, KOLLAM - 691 572. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4548

- 350 -

¶4549

W.A.No.173 of 2019 &

¶4550

connected cases

¶4551

RESPONDENT/S:

¶4552

1 MANAGER, ORCHID INTERNATIONAL SCHOOL, NEAR RAILWAY STATION, PARAVOOR, PARAVOOR P.O., KOLLAM - 691 301.

¶4553

2 MANAGER, SPRING VALLEY ENGLISH MEDIUM SCHOOL, MULLASSERY, CHENKULAM P.O., OYOOR, KOLLAM - 691 510.

¶4554

3 MANAGER, JAYAMATHA SCHOOL, KARAMCODE P.O., CHATHANNOOR, KOLLAM - 691 579.

¶4555

4 MANAGER, AKSHARA NURSERY AND L.P. SCHOOL, CHEERUPALAKODU, KUMMALLUR, KOLLAM - 691 579.

¶4556

5 MANAGER, SHANTHINIKETHAN NURSERY AND L.P. SCHOOL, OYOOR P.O., KOLLAM - 691 510.

¶4557

6 ADDL.R6 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R6 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶4558

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE SRI.T.K.NAVAS SRI NIRMAL S. (B/O)

¶4559

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4560

- 351 -

¶4561

W.A.No.173 of 2019 & connected cases

¶4562

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4563

PRESENT

¶4564

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4565

&

¶4566

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4567

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4568

WA.No.506 OF 2019

¶4569

AGAINST THE ORDER/JUDGMENT IN WP(C) 23969/2017(U) OF HIGH COURT OF KERALA

¶4570

APPELLANT/S:

¶4571

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4572

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014.

¶4573

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT-670002.

¶4574

4 THE ASSISTANT EDUCATIONAL OFFICER, KANUR NORTH-670002, KANNUR DISTRICT.

¶4575

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4576

RESPONDENT/S:

¶4577

1 THE MANAGER, HYDROSE MEMORIAL ENGLISH MEDIUM SCHOOL, VARAMKADAVU,P.O.VARAM, KANNUR DISTRICT-670594.

¶4578

- 352 -

¶4579

W.A.No.173 of 2019 & connected cases

¶4580

2 ADD.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4581

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 506/2019.

¶4582

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4583

- 353 -

¶4584

W.A.No.173 of 2019 & connected cases

¶4585

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4586

PRESENT

¶4587

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4588

&

¶4589

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4590

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4591

WA.No.507 OF 2019

¶4592

AGAINST THE ORDER/JUDGMENT IN WP(C) 7815/2018(B) OF HIGH COURT OF KERALA

¶4593

APPELLANT/S:

¶4594

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4595

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶4596

3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, KALPETTA, WAYANAD-673121.

¶4597

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE A.E.O.VYTHIRI, KALPETTA, WAYANAD-673121.

¶4598

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4599

RESPONDENT/S:

¶4600

1 CHAIRMAN KEYPEES INTERNATIONAL SCHOOL, CRESCENT HILL, OOTY ROAD, KUNNAMPATTA ROAD, WAYANAD-673123.

¶4601

- 354 -

¶4602

W.A.No.173 of 2019 & connected cases

¶4603

2 ADDL.R2. SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092.

¶4604

ADDL.2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN I.A.NO.2/2019 IN W.A.NO.507/2019.

¶4605

BY ADVS. SRI.KOSHY GEORGE SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN

¶4606

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4607

- 355 -

¶4608

W.A.No.173 of 2019 & connected cases

¶4609

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4610

PRESENT

¶4611

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4612

&

¶4613

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4614

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4615

WA.No.508 OF 2019

¶4616

AGAINST THE ORDER/JUDGMENT IN WP(C) 18330/2017(M) OF HIGH COURT OF KERALA

¶4617

APPELLANT/S:

¶4618

1 THE ASSISTANT EDUCATIONAL OFFICER KASARAGOD, KASARAGOD DISTRICT-671121.

¶4619

2 THE DISTRICT EDUCATIONAL OFFICER, KASARGOD, KASARAGOD DISTRICT-671121.

¶4620

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD-671121.

¶4621

4 TEH DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶4622

5 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4623

BY ADVS.

¶4624

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4625

RESPONDENT/S:

¶4626

1 HARISH CHANDRAN, MANAGER, VISWAJNAN ENGLISH MEDIUM SCHOOL, CHERKALA, KASARAGOD DISTRICT, PIN-671542.

¶4627

- 356 -

¶4628

W.A.No.173 of 2019 & connected cases

¶4629

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.

¶4630

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO.2/2019 IN WA NO. 508/2019.

¶4631

BY ADV. SRI.M.SASINDRAN

¶4632

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4633

- 357 -

¶4634

W.A.No.173 of 2019 & connected cases

¶4635

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4636

PRESENT

¶4637

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4638

&

¶4639

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4640

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4641

WA.No.509 OF 2019

¶4642

AGAINST THE ORDER/JUDGMENT IN WP(C) 17890/2017(I) OF HIGH COURT OF KERALA

¶4643

APPELLANT/S:

¶4644

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695039.

¶4645

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶4646

3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KASARGOD- 671121.

¶4647

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KASARGOD- 671121.

¶4648

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4649

RESPONDENT/S:

¶4650

1 THE MANAGER, PEACE PUBLIC SCHOOL, M.P.CAMPUS, PERIYADKA P.O., SIRIBAGILU, KASARGOD, PIN- 671124.

¶4651

- 358 -

¶4652

W.A.No.173 of 2019 & connected cases

¶4653

2 ADDL.R2.SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4654

(ADDITIONAL R2 IMPLEADED VIDE ORDER DATED 26.02.2019 IN IA NO.2/2019 IN WA.509/2019)

¶4655

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4656

- 359 -

¶4657

W.A.No.173 of 2019 & connected cases

¶4658

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4659

PRESENT

¶4660

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4661

&

¶4662

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4663

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4664

WA.No.510 OF 2019

¶4665

¶4666

APPELLANT/S:

¶4667

1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4668

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-14.

¶4669

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.

¶4670

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, CHADAYAMANGALAM-691534.

¶4671

BY ADVS.

¶4672

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4673

RESPONDENT/S:

¶4674

1 CHAIRMAN, SABARIGIRI NEW GENERATION SCHOOL, NILAMEL,KOLLAM DISTRICT-6591535.

¶4675

- 360 -

¶4676

W.A.No.173 of 2019 & connected cases

¶4677

2 ADDL.R2 SECRETARY (AFFILILIATION) CENTRAL BOARD SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREETY VIHAR, NEW DELHI 110 092.

¶4678

IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 02/2019 IN WA 510/2019.

¶4679

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4680

- 361 -

¶4681

W.A.No.173 of 2019 & connected cases

¶4682

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4683

PRESENT

¶4684

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4685

&

¶4686

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4687

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4688

WA.No.511 OF 2019

¶4689

AGAINST THE ORDER/JUDGMENT IN WP(C) 35444/2017(E) OF HIGH COURT OF KERALA

¶4690

APPELLANT/S:

¶4691

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695039.

¶4692

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶4693

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR- 680001.

¶4694

4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD- 680596.

¶4695

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4696

RESPONDENT/S:

¶4697

1 THE MANAGER, ST.JOSEPH'S CMI SCHOOL, PARAVATTY, THRISSUR.

¶4698

- 362 -

¶4699

W.A.No.173 of 2019 & connected cases

¶4700

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶4701

BY ADV. SRI.NIRMAL S.(B/O)

¶4702

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4703

- 363 -

¶4704

W.A.No.173 of 2019 & connected cases

¶4705

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4706

PRESENT

¶4707

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4708

&

¶4709

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4710

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4711

WA.No.512 OF 2019

¶4712

AGAINST THE ORDER/JUDGMENT IN WP(C) 8088/2018(I) OF HIGH COURT OF KERALA

¶4713

APPELLANT/S:

¶4714

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶4715

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695014.

¶4716

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686001.

¶4717

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM- 686001.

¶4718

5 THE ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY, KOTTAYAM DISTRICT- 686553.

¶4719

BY ADVS.

¶4720

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4721

RESPONDENT/S:

¶4722

1 THE MANAGER, MOTHER TERESA MEMORIAL PUBLIC SCHOOL, MAMMOODU, CHANGANACHERRY- 686553, KOTTAYAM DISTRICT.

¶4723

- 364 -

¶4724

W.A.No.173 of 2019 & connected cases

¶4725

2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110301, REPRESENTED BY ITS ASSISTANT SECRETARY.

¶4726

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4727

- 365 -

¶4728

W.A.No.173 of 2019 & connected cases

¶4729

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4730

PRESENT

¶4731

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4732

&

¶4733

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4734

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4735

WA.No.513 OF 2019

¶4736

AGAINST THE ORDER/JUDGMENT IN WP(C) 6751/2018(T) OF HIGH COURT OF KERALA

¶4737

APPELLANT/S:

¶4738

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4739

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶4740

3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001.

¶4741

4 ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM-695301.

¶4742

BY ADVS.

¶4743

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4744

RESPONDENT/S:

¶4745

1 MANAGER, MAR GREGORIOS MEMORIAL SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM-695301.

¶4746

- 366 -

¶4747

W.A.No.173 of 2019 & connected cases

¶4748

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4749

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 513/2019.

¶4750

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4751

- 367 -

¶4752

W.A.No.173 of 2019 & connected cases

¶4753

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4754

PRESENT

¶4755

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4756

&

¶4757

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4758

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4759

WA.No.514 OF 2019

¶4760

AGAINST THE ORDER/JUDGMENT IN WP(C) 8656/2018(F) OF HIGH COURT OF KERALA

¶4761

APPELLANT/S:

¶4762

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVNAANTHAPURAM 695 001.

¶4763

2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM 682 030.

¶4764

3 THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT 682 030.

¶4765

BY ADVS.

¶4766

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4767

RESPONDENT/S:

¶4768

1 MOUNT CARMEL E.M.L.P. SCHOOL, CHATHIATH, PACHALAM, ERNAKULAM DISTRICT, REP. BY ITS MANAGER SR. KETSY, D/O. ALEXANDER, AGED 67.

¶4769

2 ADDL. R2.SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.

¶4770

ADDL. R2 IMPLEADED AS PER ORDER DT. 18/02/19 IN I.A 1/19 IN W.A 514/19.

¶4771

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4772

- 368 -

¶4773

W.A.No.173 of 2019 & connected cases

¶4774

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4775

PRESENT

¶4776

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4777

&

¶4778

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4779

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4780

WA.No.515 OF 2019

¶4781

AGAINST THE ORDER/JUDGMENT IN WP(C) 8406/2018(A) OF HIGH COURT OF KERALA

¶4782

APPELLANT/S:

¶4783

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶4784

2 THE DIRECTOR OF PUBLIC INSTRCTIONS, THIRUVANANTHAPURAM-695001.

¶4785

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001.

¶4786

4 THE ASSISTANT EDUCATIONAL OFFICER, KUTHUPARAMBA, KANNUR-670643.

¶4787

BY ADVS.

¶4788

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4789

RESPONDENT/S:

¶4790

THE MANAGER, MAKHDOOMIYYA PUBLIC SCHOOL, KUTTIKUNNU, NIRMALAGIRI P.O., KANNUR DISTRICT-670701.

¶4791

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-072019 DELIVERED THE FOLLOWING:

¶4792

- 369 -

¶4793

W.A.No.173 of 2019 & connected cases

¶4794

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4795

PRESENT

¶4796

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4797

&

¶4798

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4799

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4800

WA.No.516 OF 2019

¶4801

AGAINST THE ORDER/JUDGMENT IN WP(C) 9500/2018(J) OF HIGH COURT OF KERALA

¶4802

APPELLANT/S:

¶4803

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶4804

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶4805

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.

¶4806

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶4807

5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM SOUTH, KERALA - 695 541.

¶4808

BY ADVS.

¶4809

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4810

- 370 -

¶4811

W.A.No.173 of 2019 & connected cases

¶4812

RESPONDENT/S:

¶4813

ST.JUDES SCHOOL, REPRESENTED BY ITS MANAGER, KARAMANA P.O., KILLIPALAM, THIRUVANANTHAPURAM, KERALA - 695 002.

¶4814

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶4815

SRI. SANJAY R HEGDE, SR

¶4816

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4817

- 371 -

¶4818

W.A.No.173 of 2019 & connected cases

¶4819

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4820

PRESENT

¶4821

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4822

&

¶4823

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4824

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4825

WA.No.517 OF 2019

¶4826

AGAINST THE ORDER/JUDGMENT IN WP(C) 1488/2018(I) OF HIGH COURT OF KERALA

¶4827

APPELLANT/S:

¶4828

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶4829

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DPI JUNCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.

¶4830

3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680 121.

¶4831

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4832

RESPONDENT/S:

¶4833

1 PRINCIPAL, PEACE PUBLIC SCHOOL, MATHILAKAM, PADIYUR P.O., THRISSUR - 680 695.

¶4834

- 372 -

¶4835

W.A.No.173 of 2019 & connected cases

¶4836

2 ADDL. R2. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4837

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 517/2019.

¶4838

BY ADV. SRI.A.RAJASIMHAN

¶4839

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4840

- 373 -

¶4841

W.A.No.173 of 2019 & connected cases

¶4842

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4843

PRESENT

¶4844

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4845

&

¶4846

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4847

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4848

WA.No.518 OF 2019

¶4849

AGAINST THE ORDER/JUDGMENT IN WP(C) 6958/2018(T) OF HIGH COURT OF KERALA

¶4850

APPELLANT/S:

¶4851

1 STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶4852

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014

¶4853

3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001

¶4854

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY-680 582

¶4855

BY ADVS.

¶4856

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4857

RESPONDENT/S:

¶4858

1 NSS ENGLISH MEDIUM SCHOOL, VADAKKETHARA, PAZHAYANNUR, THRISUSR-680 587, REPRESENTED BY ITS MANAGER.

¶4859

- 374 -

¶4860

W.A.No.173 of 2019 & connected cases

¶4861

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4862

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 518/2019.

¶4863

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4864

- 375 -

¶4865

W.A.No.173 of 2019 & connected cases

¶4866

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4867

PRESENT

¶4868

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4869

&

¶4870

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4871

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4872

WA.No.519 OF 2019

¶4873

AGAINST THE ORDER/JUDGMENT IN WP(C) 32954/2017(T) OF HIGH COURT OF KERALA

¶4874

APPELLANT/S:

¶4875

1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶4876

2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 006.

¶4877

3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

¶4878

4 THE DISTRICT EDUCATIONAL OFFICER, NEAR TALUK OFFICE, OPPOSITE MUNICIPAL LIBRARY, ALUVA, ERNAKULAM - 683 101.

¶4879

BY ADVS.

¶4880

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4881

RESPONDENT/S:

¶4882

1 THE MANAGER, ICT ENGLISH MEDIUM SCHOOL, PERINGALA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.683565.

¶4883

- 376 -

¶4884

W.A.No.173 of 2019 & connected cases

¶4885

2 ADDL. R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092. ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/19 IN I.A 2/19 IN W.A 519/19.

¶4886

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4887

- 377 -

¶4888

W.A.No.173 of 2019 & connected cases

¶4889

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4890

PRESENT

¶4891

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4892

&

¶4893

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4894

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4895

WA.No.520 OF 2019

¶4896

AGAINST THE ORDER/JUDGMENT IN WP(C) 31768/2017(U) OF HIGH COURT OF KERALA

¶4897

APPELLANT/S:

¶4898

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶4899

2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM- 695014.

¶4900

3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT.

¶4901

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE DISTRICT- 673305.

¶4902

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4903

RESPONDENT/S:

¶4904

1 THE PRINCIPAL, MES AA RAHIM MEMORIAL CENTRAL SCHOOL, ATHOLI, KOZHIKODE DISTRICT-673315.

¶4905

- 378 -

¶4906

W.A.No.173 of 2019 & connected cases

¶4907

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶4908

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 520/2019.

¶4909

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4910

- 379 -

¶4911

W.A.No.173 of 2019 & connected cases

¶4912

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4913

PRESENT

¶4914

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4915

&

¶4916

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4917

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4918

WA.No.521 OF 2019

¶4919

AGAINST THE ORDER/JUDGMENT IN WP(C) 11552/2018(T) OF HIGH COURT OF KERALA

¶4920

APPELLANT/S:

¶4921

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶4922

2 DISTRICT EDUCATION OFFICER, DEO OFFICE, NEAR TESRO, STATUE, GOP LANE, THIRUVANANTHAPURAM-695 001

¶4923

3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001

¶4924

BY ADVS.

¶4925

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4926

RESPONDENT/S:

¶4927

1 SANDEPANI SCHOOL, REPRESENTED BY THE DIRECTOR, TC 11/2194, KANAKKUNNU PALACE ROAD, RKV LANE, MUSEUM, THIRUVANANTHAPURAM-695 033.

¶4928

- 380 -

¶4929

W.A.No.173 of 2019 & connected cases

¶4930

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO.2/2019 IN W.A NO 521/2019)

¶4931

BY ADVS. SRI.S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN SRI.S.I.SHAH

¶4932

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4933

- 381 -

¶4934

W.A.No.173 of 2019 & connected cases

¶4935

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4936

PRESENT

¶4937

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4938

&

¶4939

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4940

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4941

WA.No.522 OF 2019

¶4942

AGAINST THE ORDER/JUDGMENT IN WP(C) 8240/2018(D) OF HIGH COURT OF KERALA

¶4943

APPELLANT/S:

¶4944

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶4945

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶4946

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686 001, KERALA

¶4947

4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001, KERALA

¶4948

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686 001.

¶4949

BY ADVS.

¶4950

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶4951

RESPONDENT/S:

¶4952

1 NAZARETH PUBLIC SCHOOL, REPRESENTED BY ITS PRINCIPAL, NEYYATTUSSERY, ELAMPALLY, KERALA,POSTAL CODE-686 503.

¶4953

- 382 -

¶4954

W.A.No.173 of 2019 & connected cases

¶4955

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶4956

3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶4957

ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 522/2019.

¶4958

BY ADVS.

¶4959

SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶4960

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4961

- 383 -

¶4962

W.A.No.173 of 2019 & connected cases

¶4963

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4964

PRESENT

¶4965

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4966

&

¶4967

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4968

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4969

WA.No.523 OF 2019

¶4970

AGAINST THE ORDER/JUDGMENT IN WP(C) 6972/2018(V) OF HIGH COURT OF KERALA

¶4971

APPELLANT/S:

¶4972

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001.

¶4973

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶4974

3 THE DISTRICT EDUCATIONAL OFFICER, WAYANADU, KERALA-673122.

¶4975

4 THE DEPUTY DIRECTOR OF EDUCATION, WAYANADU,KERALA-673122.

¶4976

5 THE ASSISTANT EDUCATIONAL OFFICER, SULTHAN BATHERY,WAYANADU, KERALA-673592

¶4977

BY ADVS.

¶4978

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER GOVERNMENT PLEADER

¶4979

RESPONDENT/S:

¶4980

1 ST.MARYS ENGLISH MEDIUM LP SCHOOL, REPRESENTED BY ITS MANAGER, CHETHALAYAM, SULTHAN BATHERY, WAYANADU, KERALA-673592.

¶4981

- 384 -

¶4982

W.A.No.173 of 2019 & connected cases

¶4983

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN,SHIKSHA KENDRA, 2, COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.

¶4984

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶4985

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶4986

- 385 -

¶4987

W.A.No.173 of 2019 & connected cases

¶4988

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4989

PRESENT

¶4990

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4991

&

¶4992

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4993

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶4994

WA.No.524 OF 2019

¶4995

AGAINST THE ORDER/JUDGMENT IN WP(C) 10694/2018(J) OF HIGH COURT OF KERALA

¶4996

APPELLANT/S:

¶4997

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶4998

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶4999

3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001.

¶5000

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5001

RESPONDENT/S:

¶5002

1 THE LETTERLAND SCHOOL, SITUATED AT KANJIRAMCHIRA, MALIKAMUKKU IN ALAPPUZHA DISTRICT-688 007, REPRESENTED BY ITS MANAGER, MR.PHILIP ABRAHAM, AGED 54 YEARS, S/O.DR. K.M.ABRAHAM, RESIDING AT KUREEKATTIL, SEA VIEW WARD, ALAPPUZHA DISTRICT-688 012.

¶5003

- 386 -

¶5004

W.A.No.173 of 2019 & connected cases

¶5005

2 THE COUNCIL OF BOARDS OF SCHOOL EDUCATION IN INDIA, REPRESENTED BY ITS GENERAL SECRETARY, 6H BIGJOS TOWER, A-8 NETAJI SUBHASH PALACE, RING ROAD, NEW DELHI-110 034

¶5006

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5007

- 387 -

¶5008

W.A.No.173 of 2019 & connected cases

¶5009

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5010

PRESENT

¶5011

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5012

&

¶5013

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5014

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5015

WA.No.525 OF 2019

¶5016

AGAINST THE ORDER/JUDGMENT IN WP(C) 9845/2018(E) OF HIGH COURT OF KERALA

¶5017

APPELLANT/S:

¶5018

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶5019

2 THE DIRECTOR OF PUBLIC INSTRCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶5020

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT-673638.

¶5021

BY ADVS.

¶5022

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER GOVERNMENT PLEADER

¶5023

RESPONDENT/S:

¶5024

1 ANVARUL ISLAM ENGLISH SCHOOL, MONGAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER, P.P. MUHAMMED, S/O MAMMEDKUTTY, AGED 74 YEARS, DARUL MANAR, MONGAM, MALAPPURAM DISTRICT.

¶5025

- 388 -

¶5026

W.A.No.173 of 2019 & connected cases

¶5027

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶5028

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 525/2019.

¶5029

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5030

- 389 -

¶5031

W.A.No.173 of 2019 & connected cases

¶5032

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5033

PRESENT

¶5034

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5035

&

¶5036

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5037

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5038

WA.No.526 OF 2019

¶5039

AGAINST THE ORDER/JUDGMENT IN WP(C) 13833/2018(D) OF HIGH COURT OF KERALA

¶5040

APPELLANT/S:

¶5041

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.

¶5042

2 DIRECTOR OF PUBLIC INSTITUTION, THIRUVANANTHAPURAM- 695001.

¶5043

3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM- 695001.

¶5044

4 ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM- 695501.

¶5045

5 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM (SOUTH)- 695023.

¶5046

6 ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA- 695572.

¶5047

7 ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD- 695541.

¶5048

8 ASSISTANT EDUCATIONAL OFFICER, PALODE- 678583.

¶5049

- 390 -

¶5050

W.A.No.173 of 2019 & connected cases

¶5051

9 ASSISTANT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM- 691583.

¶5052

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5053

RESPONDENT/S:

¶5054

1 RAMA VARMA MEMORIAL PUBLIC SCHOOL, VEDICANCHANCOIL, BALARAMAPURAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, JAYASREE, D/O.VILASINI, VALIYAMPADI, KARAMANA P.O., THIRUVANANTHAPURAM.

¶5055

2 G.V.RAJA PUBLIC SCHOOL, SASTRI NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, JAYASREE, D/O.VILASINI, VALIYAMPADI, KARAMANA P.O., THIRUVANANTHAPURAM.

¶5056

3 BISHOP WILLIAM MEMORIAL NURSERY AND L.P.SCHOOL, MALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, GODSING S/O.THOMAS.

¶5057

4 B.C.V PUBLIC SCHOOL, PAZHAKUTTY P.O., NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SUNILKUMAR, S/O.SIVASANKARAN NAIR.

¶5058

5 LENA ENGLISH MEDIUM SCHOOL, ANAPETTY, THOLICODE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SR.HELEN D/O.MARY.

¶5059

6 SREE VIDYADHIRAJA PUBLIC SCHOOL, VENGANOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SURESH KUMAR A., S/O.AYYAPPAN NAIR.

¶5060

7 UNION PUBLIC SCHOOL, VENGANOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, A.RAJAYYAN, A/O. APPI NADAR.

¶5061

8 VIJAYA SCHOOL, KATTUVILA, PEYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, VINI V.VINCENT, D/O.VILASINI.

¶5062

W.A.No.173 of 2019 & - 391 -

¶5063

connected cases

¶5064

9 THE MANAGER,

¶5065

S.N.V PUBLIC SCHOOL, VAZHAMUTTAM, THIRUVANANTHAPURAM- 27.

¶5066

10 THE MANAGER, SREE NARAYANA L.P.SCHOOL, CHERUSSERY- KULANGARA, CHAVARA P.O., KOLLAM.

¶5067

11 ADDL. R11. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶5068

ADDITIONAL R11 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 526/2019.

¶5069

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5070

- 392 -

¶5071

W.A.No.173 of 2019 & connected cases

¶5072

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5073

PRESENT

¶5074

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5075

&

¶5076

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5077

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5078

WA.No.527 OF 2019

¶5079

AGAINST THE ORDER/JUDGMENT IN WP(C) 9506/2018(K) OF HIGH COURT OF KERALA

¶5080

APPELLANT/S:

¶5081

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶5082

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶5083

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.

¶5084

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶5085

5 THE ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA, THIRUVANANTHAPURAM, KERALA - 695 541.

¶5086

BY ADVS.

¶5087

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5088

RESPONDENT/S:

¶5089

1 CHRIST NAGAR PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MARANALLOOR, KOOVALASSERY,

¶5090

THIRUVANANTHAPURAM, KERALA - 695 512.

¶5091

- 393 -

¶5092

W.A.No.173 of 2019 & connected cases

¶5093

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2 - COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.

¶5094

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶5095

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5096

- 394 -

¶5097

W.A.No.173 of 2019 & connected cases

¶5098

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5099

PRESENT

¶5100

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5101

&

¶5102

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5103

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5104

WA.No.528 OF 2019

¶5105

AGAINST THE ORDER/JUDGMENT IN WP(C) 6198/2018(Y) OF HIGH COURT OF KERALA

¶5106

APPELLANT/S:

¶5107

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695039.

¶5108

2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014.

¶5109

3 DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA- 689101.

¶5110

4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA JUNCTION, THIRUVALLA- 689101, PATHANAMTHITTA DISTRICT.

¶5111

BY ADVS.

¶5112

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5113

RESPONDENT/S:

¶5114

MANAGER, THE CHOICE SCHOOL, MANTHANAM P.O., THIRUVALLA- 689581.

¶5115

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5116

- 395 -

¶5117

W.A.No.173 of 2019 & connected cases

¶5118

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5119

PRESENT

¶5120

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5121

&

¶5122

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5123

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5124

WA.No.529 OF 2019

¶5125

AGAINST THE ORDER/JUDGMENT IN WP(C) 11304/2018(K) OF HIGH COURT OF KERALA

¶5126

APPELLANT/S:

¶5127

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM- 695001.

¶5128

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM- 695014.

¶5129

3 THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD AT KALPATTA- 673121.

¶5130

4 THE DISTRICT EDUCATIONAL OFFICER, KALPATA, WAYANAD DISTRICT- 673121.

¶5131

5 THE ASSISTANT EDUCATIONAL OFFICER, SULTHAN BATHERRY, WAYANADU DISTRICT- 673592.

¶5132

BY ADVS.

¶5133

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5134

RESPONDENT/S:

¶5135

1 THE MANAGER, CRESCENT PUBLIC ENGLISH SCHOOL, PUTHENKUNNU, SULTHAN BATHERY, WAYANAD DISTRICT- 673592.

¶5136

- 396 -

¶5137

W.A.No.173 of 2019 & connected cases

¶5138

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶5139

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO.529/2019.

¶5140

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5141

- 397 -

¶5142

W.A.No.173 of 2019 & connected cases

¶5143

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5144

PRESENT

¶5145

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5146

&

¶5147

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5148

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5149

WA.No.530 OF 2019

¶5150

AGAINST THE ORDER/JUDGMENT IN WP(C) 7374/2018(V) OF HIGH COURT OF KERALA

¶5151

APPELLANT/S:

¶5152

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695 039

¶5153

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶5154

3 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM-695 101

¶5155

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5156

RESPONDENT/S:

¶5157

1 A.V.B.MEMORIAL SATHYA INTERNATIONAL SCHOOL, SITUATED AT KOTTIYODE, MARKET ROAD, NEW ATTINGAL CLUB, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101, REPRESENTED BY ITS MANAGER B.ANIL KUMAR, AGED 60 YEARS, SON OF LATE A.V.BHARGHAVAN, RESIDING AT JANAKI, KEEZHATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101.

¶5158

- 398 -

¶5159

W.A.No.173 of 2019 & connected cases

¶5160

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.01/2019)

¶5161

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5162

- 399 -

¶5163

W.A.No.173 of 2019 & connected cases

¶5164

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5165

PRESENT

¶5166

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5167

&

¶5168

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5169

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5170

WA.No.531 OF 2019

¶5171

AGAINST THE ORDER/JUDGMENT IN WP(C) 22573/2017(V) OF HIGH COURT OF KERALA

¶5172

APPELLANT/S:

¶5173

1 STATE OF KERALA,

¶5174

REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.

¶5175

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶5176

3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM- 695001.

¶5177

4 DISTRICT EDUCATIONAL OFFICER, ATTINGAL- 695101.

¶5178

5 DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA- 695121.

¶5179

6 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH- 695001.

¶5180

7 ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM- 695301.

¶5181

8 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM SOUTH- 695001.

¶5182

9 ASSISTANT EDUCATIONAL OFFICER, ATTINGAL- 695101.

¶5183

- 400 -

¶5184

W.A.No.173 of 2019 & connected cases

¶5185

10 ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA- 695572.

¶5186

11 ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA- 695121.

¶5187

12 ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD- 695307.

¶5188

13 ASSISTANT EDUCATIONAL OFFICER, PARASSALA- 695502.

¶5189

BY ADVS.

¶5190

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5191

RESPONDENT/S:

¶5192

1 MANAGER, NAVEENA VIDYALAYA, THOPPUMUKKU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM- 695013.

¶5193

2 MANAGER,

¶5194

K.P.GOPINATHAN NAIR MEMORIAL PUBLIC SCHOOL, ARUVIKKARAKONAM, AYROOPARA P.O., THIRUVANANTHAPURAM- 695584.

¶5195

3 MANAGER,

¶5196

B.P.M. NURSERY AND L.P.SCHOOL, S.D.BUILDING, THIRUMALA P.O., THIRUVANANTHAPURAM- 695006.

¶5197

4 MANAGER, NAVJYOTHI ENGLISH MEDIUM SCHOOL, VAYYETTU, VENJARAMOODU, THIRUVANANTHAPURAM- 695607.

¶5198

5 MANAGER, KINGLET SCHOOL, MANACADU, KUTTICAUD JUNCTION, THIRUVANANTHAPURAM- 695009.

¶5199

6 MANAGER, VIDYANIKETHAN, BEEMAPALLY, THIRUVANANTHAPURAM- 695008.

¶5200

7 MANAGER,

¶5201

ST.THOMAS CENTRAL SCHOOL (CBSE), KONAKUZHY, PANALAL P.O., POOVACHAL, THIRUVANANTHAPURAM- 695573.

¶5202

- 401 -

¶5203

W.A.No.173 of 2019 & connected cases

¶5204

8 MANAGER, ST.MARY'S SCHOOL, PULIYARAKONAM P.O., THIRUVANANTHAPURAM- 695573.

¶5205

9 MANAGER, ST.MARY'S CENTRAL SCHOOL, POTTAYIL, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM- 695571.

¶5206

10 MANAGER, ARYA PUBLIC SCHOOL, JANARDHANAPURAM, OTTASEKHARAMANGALM P.O., THIRUVANANTHAPURAM- 695125.

¶5207

11 ST.RITA'S L.P.SCHOOL, ARUVIODU, VATTAPPARA P.O., THIRUVANANTHAPURAM- 695025.

¶5208

12 MAR IVANIOUS BETHANY ENGLISH MEDIUM SCHOOL, AMBILIKONAM, AYIRA P.O., THIRUVANANTHAPURAM- 695502.

¶5209

13 MANAGER, ST.MARY'S ENGLISH MEDIUM SCHOOL, KUNNAPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM- 695013.

¶5210

14 DE PAUL ENGLISH MEDIUM SCHOOL, MOONNAMMOODU, KODUNGANOOR.P.O., THIRUVANANTHAPURAM- 695013.

¶5211

15 MANAGER,

¶5212

ST.MARY'S ENGLISH MEDIUM SCHOOL, VANDANOOR, PERUMPAZHUTHUOOR, NEYYATTINKARA, THIRUVANANTHAPURAM- 695129.

¶5213

16 MANAGER, ASSUMPTION NURSEY AND L.P.SCHOOL, 6TH STONE, KARAKULAM, THIRUVANANTHAPURAM- 695564.

¶5214

17 MANAGER, PRANTHI INSTITUTION, NEAR POLICE STATION, KARAMANA P.O., THIRUVANANTHAPURAM- 695002.

¶5215

18 MANAGER, ST.GEORGE ENGLISH MEDIUM SCHOOL, KODUNGAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM- 695123.

¶5216

- 402 -

¶5217

W.A.No.173 of 2019 & connected cases

¶5218

19 MANAGER, ST.MARY'S SCHOOL, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM- 695012.

¶5219

20 MANAGER, ST.MARY'S ENGLISH MEDIUM SCHOOL, KUDAYAL, ANCHALIKONAM, AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM- 695502.

¶5220

21 MANAGER, SACRED HEART CENTRAL SCHOOL, KALLAYAM, VATTAPPARA, THIRUVANANTHAPURAM- 695028.

¶5221

22 MANAGER, NEW INDIA ENGLISH MEDIUM PUBLIC SCHOOL, VEMBAYAM, THIRUVANANTHAPURAM- 695615.

¶5222

23 ADDL.R23. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶5223

(ADDL.R23 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶5224

BY ADV. SRI NIRMAL S. (B/O)

¶5225

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5226

- 403 -

¶5227

W.A.No.173 of 2019 & connected cases

¶5228

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5229

PRESENT

¶5230

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5231

&

¶5232

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5233

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5234

WA.No.532 OF 2019

¶5235

AGAINST THE ORDER/JUDGMENT IN WP(C) 573/2018(V) OF HIGH COURT OF KERALA

¶5236

APPELLANT/S:

¶5237

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶5238

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 014.

¶5239

3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE - 673 001.

¶5240

4 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY - 673 001.

¶5241

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5242

RESPONDENT/S:

¶5243

1 THE MANAGER, THE ASCENT ENGLISH MEDIUM SCHOOL, KULANGARAPEEDIKA, POKKUNNU P.O., KOZHIKODE - 673 007.

¶5244

- 404 -

¶5245

W.A.No.173 of 2019 & connected cases

¶5246

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5247

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 532/2019.

¶5248

BY ADV. SRI.K.MOHANAKANNAN

¶5249

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5250

- 405 -

¶5251

W.A.No.173 of 2019 & connected cases

¶5252

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5253

PRESENT

¶5254

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5255

&

¶5256

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5257

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5258

WA.No.533 OF 2019

¶5259

AGAINST THE ORDER/JUDGMENT IN WP(C) 32285/2017(I) OF HIGH COURT OF KERALA

¶5260

APPELLANT/S:

¶5261

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 039.

¶5262

2 DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶5263

3 DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA - 685 615.

¶5264

4 ASSISTANT EDUCATIONAL OFFICER, MUNNAR P.O. - 685 615.

¶5265

BY ADVS.

¶5266

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5267

RESPONDENT/S:

¶5268

1 MANAGER, ST. JOSEPH CMI PUBLIC SCHOOL, CHAVARAGIRI, OORKAD, VATTAVADA, MUNNAR - 685 615, IDUKKI DISTRICT.

¶5269

- 406 -

¶5270

W.A.No.173 of 2019 & connected cases

¶5271

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶5272

(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶5273

BY ADV. SRI NIRMAL S. (B/O

¶5274

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5275

- 407 -

¶5276

W.A.No.173 of 2019 & connected cases

¶5277

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5278

PRESENT

¶5279

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5280

&

¶5281

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5282

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5283

WA.No.534 OF 2019

¶5284

AGAINST THE ORDER/JUDGMENT IN WP(C) 24200/2017(Y) OF HIGH COURT OF KERALA

¶5285

APPELLANT/S:

¶5286

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶5287

2 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATIONAL SUB DISTRICT, MATTANNUR, KANNUR DISTRICT 670 702.

¶5288

BY ADVS.

¶5289

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5290

RESPONDENT/S:

¶5291

1 K.RAMACHANDRAN, S/O. SANKARAN, MANAGER, SREE VANI VIDYALAYA ENGLISH MEDIUM SCHOOL, VENGAD, RESIDING AT AYILYM KIRACHI P.O., VENGAD, KANNUR DISTRICT 670 612.

¶5292

2 ADDL.R2-SECRETARY (AFFILIATION),

¶5293

CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5294

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 534/2019.

¶5295

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5296

- 408 -

¶5297

W.A.No.173 of 2019 & connected cases

¶5298

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5299

PRESENT

¶5300

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5301

&

¶5302

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5303

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5304

WA.No.535 OF 2019

¶5305

AGAINST THE ORDER/JUDGMENT IN WP(C) 9497/2018(J) OF HIGH COURT OF KERALA

¶5306

APPELLANT/S:

¶5307

1 STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.

¶5308

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE- 695001.

¶5309

3 THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM- 676505, KERALA.

¶5310

4 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM- 676505, KERALA.

¶5311

5 THE ASSISTANT EDUCATIONAL OFFICER, VANDOOR, MALAPPURAM- 676505, KERALA.

¶5312

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5313

RESPONDENT/S:

¶5314

1 ST.CLARES CONVENT PRIMARY SCHOOL REPRESENTED BY ITS MANAGER, ARIMANAL P.O., KALIKAVU, MALAPPURAM, KERALA- 676525.

¶5315

- 409 -

¶5316

W.A.No.173 of 2019 & connected cases

¶5317

2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5318

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/19 IN WA 535/2019.

¶5319

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶5320

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5321

- 410 -

¶5322

W.A.No.173 of 2019 & connected cases

¶5323

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5324

PRESENT

¶5325

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5326

&

¶5327

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5328

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5329

WA.No.536 OF 2019

¶5330

AGAINST THE ORDER/JUDGMENT IN WP(C) 10520/2018(L) OF HIGH COURT OF KERALA

¶5331

APPELLANT/S:

¶5332

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

¶5333

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶5334

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT-676519.

¶5335

4 THE DISTRICT EDUCATIONAL OFFICER, TIRURANGADI, MALAPPURAM DISTRICT-676306

¶5336

5 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676303

¶5337

BY ADVS.

¶5338

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5339

RESPONDENT/S:

¶5340

1 MANAGER, SINCERE PUBLIC SCHOOL, CHIRAMANGALAM, P.O. NEDUVA, PARAPPANANGADI-676303, MALAPPURAM DISTRICT.

¶5341

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5342

- 411 -

¶5343

W.A.No.173 of 2019 & connected cases

¶5344

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5345

PRESENT

¶5346

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5347

&

¶5348

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5349

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5350

WA.No.537 OF 2019

¶5351

AGAINST THE ORDER/JUDGMENT IN WP(C) 8262/2018(G) OF HIGH COURT OF KERALA

¶5352

APPELLANT/S:

¶5353

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

¶5354

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶5355

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT-676519.

¶5356

4 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679328.

¶5357

5 THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT-679325.

¶5358

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5359

RESPONDENT/S:

¶5360

1 THE MANAGER, GRACE ENGLISH MEDIUM SCHOOL, THELAKKAD, MELATTUR, MALAPPURAM DISTRICT-679325.

¶5361

- 412 -

¶5362

W.A.No.173 of 2019 & connected cases

¶5363

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5364

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 537/2019.

¶5365

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5366

- 413 -

¶5367

W.A.No.173 of 2019 & connected cases

¶5368

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5369

PRESENT

¶5370

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5371

&

¶5372

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5373

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5374

WA.No.538 OF 2019

¶5375

AGAINST THE ORDER/JUDGMENT IN WP(C) 10111/2018(L) OF HIGH COURT OF KERALA

¶5376

APPELLANT/S:

¶5377

1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX - II,

¶5378

THIRUVANANTHAPURAM - 695 001.

¶5379

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶5380

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676 519.

¶5381

4 THE DISTRICT EDUCATIONAL OFFICER, TIRURANGADI, MALAPPURAM DISTRICT - 673 306.

¶5382

5 THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT - 676 302.

¶5383

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5384

RESPONDENT/S:

¶5385

1 THE MANAGER, AL-IRSHAD ENGLISH MEDIUM SCHOOL, MANALIPPUZHA, P.O., OMACHUPUZHA, TANUR, MALAPPURAM DISTRICT - 676 306.

¶5386

- 414 -

¶5387

W.A.No.173 of 2019 & connected cases

¶5388

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5389

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 538/2019.

¶5390

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5391

- 415 -

¶5392

W.A.No.173 of 2019 & connected cases

¶5393

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5394

PRESENT

¶5395

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5396

&

¶5397

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5398

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5399

WA.No.539 OF 2019

¶5400

AGAINST THE ORDER/JUDGMENT IN WP(C) 11612/2018(B) OF HIGH COURT OF KERALA

¶5401

APPELLANT/S:

¶5402

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695039.

¶5403

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶5404

3 DISTRICT EDUCATIONAL OFFICER, PUNALUR- 691305.

¶5405

4 DEPUTY DIRECTOR OF EDUCATION, PUNALUR- 691305.

¶5406

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5407

RESPONDENT/S:

¶5408

1 SR.LEONI MANIMALA, MANAGER, ST.BENEDICT ENGLISH MEDIUM SCHOOL, SHANTI NIVAS, PINEAPPLE JUNCTION, PUNALUR, KOLLAM- 691305.

¶5409

- 416 -

¶5410

W.A.No.173 of 2019 & connected cases

¶5411

2 CENTRAL BOARD OF SECONDARY EDUCATION AFFILIATION BRANCH, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.

¶5412

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5413

- 417 -

¶5414

W.A.No.173 of 2019 & connected cases

¶5415

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5416

PRESENT

¶5417

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5418

&

¶5419

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5420

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5421

WA.No.540 OF 2019

¶5422

AGAINST THE ORDER/JUDGMENT IN WP(C) 6201/2018(A) OF HIGH COURT OF KERALA

¶5423

APPELLANT/S:

¶5424

1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,

¶5425

THIRUVANANTHAPURAM - 695 001.

¶5426

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶5427

3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM DISTRTICT - 682 030.

¶5428

4 THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERY, ERNAKULAM DISTRICT - 682 002.

¶5429

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5430

RESPONDENT/S:

¶5431

1 THE MANAGER, SETH SHAMJI NARSHI KURWA MEMORIAL SHARDA MANDIR SCHOOL, LALAN ROAD, MATTANCHERY, KOCHI - 682 002.

¶5432

- 418 -

¶5433

W.A.No.173 of 2019 & connected cases

¶5434

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5435

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 540/2019.

¶5436

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5437

- 419 -

¶5438

W.A.No.173 of 2019 & connected cases

¶5439

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5440

PRESENT

¶5441

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5442

&

¶5443

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5444

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941 WA.No.541 OF 2019

¶5445

AGAINST THE ORDER/JUDGMENT IN WP(C) 24007/2017(A) OF HIGH COURT OF KERALA

¶5446

APPELLANT/S:

¶5447

1 ASSISTANT EDUCATIONAL OFFICER, KANNUR DISTRICT- 670591.

¶5448

2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT- 670591.

¶5449

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT- 670591.

¶5450

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.

¶5451

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶5452

6 SUB DISTRICT EDUCATIONAL OFFICER, KANNUR- 670591.

¶5453

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5454

RESPONDENT/S:

¶5455

1 CAMBRIDGE ENGLISH MEDIUM SCHOOL, NALLANJI, ECHUR, MUNDERI, KANNUR NORTH, KANNUR- 670591, REPRESENTED BY ITS MANAGER, JINESH M., S/O.PAVITHRAN, AGED 46 YEARS, SNIDHAM, ARAKOTTAM, SOUTH P.O., KANNUR- 670009.

¶5456

- 420 -

¶5457

W.A.No.173 of 2019 & connected cases

¶5458

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.541/2019.

¶5459

BY ADV. SRI.M.SASINDRAN

¶5460

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5461

- 421 -

¶5462

W.A.No.173 of 2019 & connected cases

¶5463

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5464

PRESENT

¶5465

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5466

&

¶5467

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5468

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5469

WA.No.542 OF 2019

¶5470

AGAINST THE ORDER/JUDGMENT IN WP(C) 9238/2018(D) OF HIGH COURT OF KERALA

¶5471

APPELLANT/S:

¶5472

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶5473

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶5474

3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001.

¶5475

4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM-686 001

¶5476

5 THE ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA, KOTTAYAM-686 001

¶5477

BY ADVS.

¶5478

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5479

RESPONDENT/S:

¶5480

1 NIRMALA ENGLISH MEDIUM L.P. SCHOOL, KANJIRAPPALLY, KALAKETTY P.O, KOTTAYAM DISTRICT-686 508, REP. BY ITS PRINCIPAL.

¶5481

- 422 -

¶5482

W.A.No.173 of 2019 & connected cases

¶5483

2 CENTRAL BOARD OF SECONDARY EDUCATIION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶5484

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5485

- 423 -

¶5486

W.A.No.173 of 2019 & connected cases

¶5487

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5488

PRESENT

¶5489

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5490

&

¶5491

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5492

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5493

WA.No.543 OF 2019

¶5494

AGAINST THE ORDER/JUDGMENT IN WP(C) 846/2018(E) OF HIGH COURT OF KERALA

¶5495

APPELLANT/S:

¶5496

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039.

¶5497

2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014

¶5498

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001

¶5499

4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O, KOLLAM-691 009

¶5500

BY ADVS.

¶5501

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5502

RESPONDENT/S:

¶5503

MANAGER

¶5504

PEACE PUBLIC SCHOOL, KOLLAM, KANIYANTHODU, MUKHATHALA P.O, KOLLAM DISTRICT, PIN-691 577

¶5505

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5506

- 424 -

¶5507

W.A.No.173 of 2019 & connected cases

¶5508

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5509

PRESENT

¶5510

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5511

&

¶5512

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5513

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5514

WA.No.544 OF 2019

¶5515

AGAINST THE ORDER/JUDGMENT IN WP(C) 2768/2018(U) OF HIGH COURT OF KERALA

¶5516

APPELLANT/S:

¶5517

1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶5518

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM DISTRICT 695 001.

¶5519

3 DISTRICT EDUCATIONAL OFFICER,

¶5520

ERNAKULAM , DISTRICT 682 011.

¶5521

4 ASSISTANT EDUCATIONAL OFFICER, KOLENCHERY, ERNAKULAM DISTRICT- 682 311.

¶5522

BY ADVS.

¶5523

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5524

RESPONDENT/S:

¶5525

1 ST. PAULS BETHENY SCHOOL, REPRESENTED BY ITS MANAGER SR. VANDANA SIC, AGED 58 YEARS, BETHENY COVNENT, KOLENCHERY, ERNAKULAM 682 311.

¶5526

- 425 -

¶5527

W.A.No.173 of 2019 & connected cases

¶5528

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶5529

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.544/2019.

¶5530

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5531

- 426 -

¶5532

W.A.No.173 of 2019 & connected cases

¶5533

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5534

PRESENT

¶5535

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5536

&

¶5537

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5538

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5539

WA.No.545 OF 2019

¶5540

AGAINST THE ORDER/JUDGMENT IN WP(C) 18737/2017(N) OF HIGH COURT OF KERALA

¶5541

APPELLANT/S:

¶5542

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039

¶5543

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001

¶5544

3 DISTRICT EDUCATIONAL OFFICER, KANNUR 670 002.

¶5545

4 DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR DISTRICT PIN 670 141.

¶5546

5 DISTRICT EDUCATIONAL OFFICER, THALASSERY 670 101

¶5547

6 DISTRICT EDUCATIONAL OFFICER, VATAKARA PIN 673 101

¶5548

7 DISTRICT EDUCATIONAL OFFICER, KASARAGOD 671 121

¶5549

8 ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR PIN 670 307

¶5550

9 ASSISTANT EDUCATIONAL OFFICER, IRIKKOOR PIN 670 593.

¶5551

- 427 -

¶5552

W.A.No.173 of 2019 & connected cases

¶5553

10	ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA, PIN 670 141
11	ASSISTANT EDUCATIONAL OFFICER, IRITTY, PIN 670 703
12	ASSISTANT EDUCATIONAL OFFICER, MAYYIL, PIN 670 602
13	ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, PIN 673 506
14	ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNUR 670 104
15	ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH, KANNUR 670 104
16	ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE 670 522
17	ASSISTANT EDUCATIONAL OFFICER, KASARAGOD 671 121
	BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER
	SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5554

RESPONDENT/S:

¶5555

1 PRESIDENT, CHINMAYA VIDYALAYA, KURUMATHUR, KURUMATHUR P.O.KARIMBAM (VIA) KANNUR DISTRICT 670 142 2 MANAGER, CHOVVA NURSERY AND L.P.SCHOOL PATHIRIPARAMBA, MELE CHOVVA, KANNUR DISTRICT PIN 670 010 3 MANAGER, CHRIST ENGLISH MEDIUM SCHOOL, CHANDANAKAMPARA P.O., KANNUR DISTRICT PIN 670 633.

¶5556

- 428 -

¶5557

W.A.No.173 of 2019 & connected cases

¶5558

4 MANAGER, BEST NURSERY L.P. SCHOOL, NEAR WELL CARE HOSPITAL PALLITHAZHA, CHIRAKKARA P.O.THALASSERY, PIN 670 104.

¶5559

5 MANAGER, KPC ENGLISH SCHOOL, PATTANUR, PATTANUR P.O., PIN 670 595.

¶5560

6 SECRETARY, K.E.S ENGLISH MEDIUM SCHOOL, KARIVELLUR, KANNUR DISTRICT, PIN 670 521.

¶5561

7 MANAGER, DHARUSSALAM ENGLISH SCHOO, PANNIANKANDY, KOLACHERY, KANNUR DISTRICT, PIN 670 601

¶5562

8 SECRETARY, MC AND ES SCHOOL,

¶5563

RUN BY MUSLI CULTURE AND EDUCATIONAL SOCIETY P.O.VADAKKUMBAD, RAMANTHALI, KANNUR DISTRICT, PIN 670 308

¶5564

9 MANAGER, PANAKKAD SAYED MUHAMMED ALI SHIHAB THANGAL MEMORIAL ENGLISH MEDIUM SCHOOL (PSMSTM ENGLISH MEDIUM SCHOOL) P.O.VADAKKUMBAD, RAMANTHALI, KANNUR DISTRICT, PIN 670 308

¶5565

10 MANAGER, ENGLISH VALLY PUBLIC SCHOOL, PEDAYANKODE, IRIKKUR P.O.KANNUR DISTRICT PIN 670 593.

¶5566

11 MANAGING DIRECTOR, MOOKALMBIKA ENGLISH MEDIUM SCHOOL, RUN BY MEX SOCIETY, AMMANAPPARA, P.O.POLYIL, PIN 670 502.

¶5567

12 MANAGER, SREE NIKETHAN ENGLISH MEDIUM SCHOOL, THILLENKERRY, PIN 670 702

¶5568

13 MANAGER, BASIC SCHOOL ENGLISH MEDIUM VALAYAM P.O.VALAYAM, PIN 673 517, VIA KALLACHI KOZHIKODE (DIST)

¶5569

14 MANAGER, ART BASIC SCHOOL, MEPPAYUR KOZHIKODE DISTRICT PIN 673 524.

¶5570

- 429 -

¶5571

W.A.No.173 of 2019 & connected cases

¶5572

15 PRINCIPAL,

¶5573

JAMA-ATH ENGLISH MEDIUM SCHOOL, KALLADAKUTTY , KOLATHUR P.O.KASARAGOD DISTRICT, PIN 671 541.

¶5574

16 ADDL. R16. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-1100092.

¶5575

(ADDITIONAL R16 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019)

¶5576

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶5577

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5578

- 430 -

¶5579

W.A.No.173 of 2019 & connected cases

¶5580

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5581

PRESENT

¶5582

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5583

&

¶5584

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5585

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5586

WA.No.546 OF 2019

¶5587

AGAINST THE ORDER/JUDGMENT IN WP(C) 10502/2018(K) OF HIGH COURT OF KERALA

¶5588

APPELLANT/S:

¶5589

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM -695 001.

¶5590

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001.

¶5591

BY ADVS.

¶5592

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5593

RESPONDENT/S:

¶5594

1 MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS, REPRESENTED BY ITS PRESIDENT REV. FR. VARGHESE, MANICKANAMPARAMBIL CMI, HAVING REGISTERED OFFICE AT SR. ARNOLDS NORTH ADUVASSERY, S. ADUVASSERY P.O., ERNAKULAM -683 578.

¶5595

- 431 -

¶5596

W.A.No.173 of 2019 & connected cases

¶5597

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.

¶5598

BY ADVS. SRI.JOSE ABRAHAM(J) SRI.MANU SRINATH SRI.N.RAGESH SRI.SANJAY R. HEGDE (SR.) SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶5599

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5600

- 432 -

¶5601

W.A.No.173 of 2019 & connected cases

¶5602

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5603

PRESENT

¶5604

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5605

&

¶5606

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5607

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5608

WA.No.547 OF 2019

¶5609

AGAINST THE ORDER/JUDGMENT IN WP(C) 7454/2018(F) OF HIGH COURT OF KERALA

¶5610

APPELLANT/S:

¶5611

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.

¶5612

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶5613

3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM-691009.

¶5614

4 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT-691305.

¶5615

5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT-691305.

¶5616

BY ADVS.

¶5617

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5618

RESPONDENT/S:

¶5619

1 THE MANAGER/PROVINCIAL SUPERIOR, ST.MARY'S ENGLISH MEDIUM SCHOOL,ARYANKAVU, (RUN BY CORPORATE EDUCATIONAL AGENCY OF SACRED HEART CONGREGATION ST.MATHEW'S PROVINCIAL HOUSE,PAREL,CHANGANACHERRY).

¶5620

- 433 -

¶5621

W.A.No.173 of 2019 & connected cases

¶5622

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶5623

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.547/2019.

¶5624

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5625

- 434 -

¶5626

W.A.No.173 of 2019 & connected cases

¶5627

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5628

PRESENT

¶5629

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5630

&

¶5631

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5632

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5633

WA.No.548 OF 2019

¶5634

AGAINST THE ORDER/JUDGMENT IN WP(C) 9546/2018(P) OF HIGH COURT OF KERALA

¶5635

APPELLANT/S:

¶5636

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001

¶5637

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014

¶5638

3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 014

¶5639

4 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 014

¶5640

5 THE SUB DISTRICT/ASSISTANT EDUCATIONAL OFFICER PARASSALA, THIRUVANANTHAPURAM-695 502

¶5641

BY ADVS.

¶5642

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5643

RESPONDENT/S:

¶5644

1 THE MANAGER MOTHER THERESA ENGLISH MEDIUM SCHOOL, KILIYOOR, VELLARADA P.O, THIRUVANANTHAPURAM-695 505.

¶5645

- 435 -

¶5646

W.A.No.173 of 2019 & connected cases

¶5647

2 ADDL.R2.SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.548/2019.

¶5648

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5649

- 436 -

¶5650

W.A.No.173 of 2019 & connected cases

¶5651

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5652

PRESENT

¶5653

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5654

&

¶5655

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5656

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5657

WA.No.549 OF 2019

¶5658

AGAINST THE ORDER/JUDGMENT IN WP(C) 7546/2018(P) OF HIGH COURT OF KERALA

¶5659

APPELLANT/S:

¶5660

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶5661

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 006.

¶5662

3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT - 676 505.

¶5663

4 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI,

¶5664

MALAPPURAM DISTRICT - 676 303.

¶5665

BY ADVS.

¶5666

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5667

RESPONDENT/S:

¶5668

THE MANAGER, ORIENTAL ENGLISH MEDIUM SCHOOL, KOOTTUMMOOCHI P.O., KADAKKAD, MALAPPURAM DISTRICT.

¶5669

BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

¶5670

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5671

- 437 -

¶5672

W.A.No.173 of 2019 & connected cases

¶5673

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5674

PRESENT

¶5675

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5676

&

¶5677

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5678

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5679

WA.No.550 OF 2019

¶5680

AGAINST THE ORDER/JUDGMENT IN WP(C) 7873/2018(H) OF HIGH COURT OF KERALA

¶5681

APPELLANT/S:

¶5682

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶5683

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶5684

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001,KERALA.

¶5685

4 THE ASSISTANT EDUCATIONAL OFFICER, KURAVILANGADU, KERALA-686001.

¶5686

BY ADVS.

¶5687

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5688

RESPONDENT/S:

¶5689

1 SR.SAVIO PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, KALLARA.P.O, KOTTAYAM,KERALA-686611.

¶5690

- 438 -

¶5691

W.A.No.173 of 2019 & connected cases

¶5692

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶5693

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.1/2019 IN W.A.NO.550/2019.

¶5694

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶5695

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5696

- 439 -

¶5697

W.A.No.173 of 2019 & connected cases

¶5698

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5699

PRESENT

¶5700

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5701

&

¶5702

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5703

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5704

WA.No.551 OF 2019

¶5705

AGAINST THE ORDER/JUDGMENT IN WP(C) 13082/2018(I) OF HIGH COURT OF KERALA

¶5706

APPELLANT/S:

¶5707

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶5708

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.

¶5709

3 THE DEPUTY DIRECTOR OF EDUCATIONA, THIRUVANANTHAPURAM DISTRICT 695 001.

¶5710

4 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM DISTRICT 695 001.

¶5711

5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH, THIRUVANANTHAPURAM DISTRICT 695 001.

¶5712

BY ADVS.

¶5713

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5714

RESPONDENT/S:

¶5715

1 LITTLE FLOWER CONVENT ENGLISH MEDIUM SCHOOL KOCHUVELI, THIRUVANANTHAPURAM DISTRICT, 695 021, REPRESENTED BY ITS MANAGER,

¶5716

SR. SHIJI, D/O. VINCENT, AGED 46 YEARS.

¶5717

- 440 -

¶5718

W.A.No.173 of 2019 & connected cases

¶5719

2 ADDL. R2 IS IMPLEADED-SECRETARY (AFFILIMTION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.( ADDL. R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.2/2019 IN WA.551/2019).

¶5720

BY ADV. SRI.C.A.CHACKO

¶5721

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5722

- 441 -

¶5723

W.A.No.173 of 2019 & connected cases

¶5724

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5725

PRESENT

¶5726

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5727

&

¶5728

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5729

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5730

WA.No.552 OF 2019

¶5731

AGAINST THE ORDER/JUDGMENT IN WP(C) 39247/2017(E) OF HIGH COURT OF KERALA

¶5732

APPELLANT/S:

¶5733

1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶5734

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001

¶5735

3 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM-682 011

¶5736

4 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM-682 011

¶5737

5 THE ASSISTANT EDUCATIONAL OFFICER NORTH PARAVUR, ERNAKULAM-683 513

¶5738

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5739

RESPONDENT/S:

¶5740

1 ST.LOUIS ENGLISH MEDIUM LP SCHOOL REP. BY ITS HEADMISTRESS, THURUTHIPURAM, MOOTHAKUNNAM P.O, PIN-683 516, ERNAKULAM.

¶5741

- 442 -

¶5742

W.A.No.173 of 2019 & connected cases

¶5743

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.

¶5744

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO. 2/2019 IN WA NO. 552/2019.

¶5745

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶5746

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5747

- 443 -

¶5748

W.A.No.173 of 2019 & connected cases

¶5749

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5750

PRESENT

¶5751

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5752

&

¶5753

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5754

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5755

WA.No.553 OF 2019

¶5756

AGAINST THE ORDER/JUDGMENT IN WP(C) 2614/2018(B) OF HIGH COURT OF KERALA

¶5757

APPELLANT/S:

¶5758

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶5759

2 DIRECTOR OF PUBLIC INSTRUCTIONS

¶5760

OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM, PIN-695 01

¶5761

3 DEPUTY DIRECTOR OF EDUCATION.

¶5762

OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION., KOTTAYAM, PIN-686 001

¶5763

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, PIN-686 001

¶5764

5 THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 540

¶5765

BY ADVS.

¶5766

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5767

RESPONDENT/S:

¶5768

1 P.S.VISWANATHAN, MANAGER, VIDYANIKETHAN ENGLISH MEDIUM SCHOOL, VAZHOOR P.O, KOTTAYAM, PIN-686 504.

¶5769

- 444 -

¶5770

W.A.No.173 of 2019 & connected cases

¶5771

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5772

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO.2/2019 IN WA NO. 553/2019.

¶5773

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5774

- 445 -

¶5775

W.A.No.173 of 2019 & connected cases

¶5776

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5777

PRESENT

¶5778

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5779

&

¶5780

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5781

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5782

WA.No.554 OF 2019

¶5783

AGAINST THE ORDER/JUDGMENT IN WP(C) 4408/2018(A) OF HIGH COURT OF KERALA

¶5784

APPELLANT/S:

¶5785

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM - 695 001.

¶5786

2 DIRECTOR OF PUBLIC INSTRUTIONS, THIRUVANANTHAPUAM - 695 014.

¶5787

3 DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA - 689 621.

¶5788

4 DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA - 689 645.

¶5789

5 ASSISTANT EDUCATIONAL OFFICER, ADOOR - 691 523.

¶5790

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5791

RESPONDENT/S:

¶5792

1 ST.THOMAS ENGLISH MEDIUM NURSERY AND L.P.SCHOOL, KALLUKUZHY, KADAMPANADU - 691 552, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER.

¶5793

- 446 -

¶5794

W.A.No.173 of 2019 & connected cases

¶5795

2 ST. THOMAS ORTHODOX CATHEDRAL CHURCH, KADAMPANADU SOUTH - 691 553, REPRESENTED BY ITS TRUSTEE.

¶5796

3 ADDL. R3 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA-2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.

¶5797

ADDITIONAL R3 AS ABOVE IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 2/2019 IN WA.554 /2019.

¶5798

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5799

- 447 -

¶5800

W.A.No.173 of 2019 & connected cases

¶5801

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5802

PRESENT

¶5803

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5804

&

¶5805

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5806

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5807

WA.No.555 OF 2019

¶5808

AGAINST THE ORDER/JUDGMENT IN WP(C) 9048/2018(E) OF HIGH COURT OF KERALA

¶5809

APPELLANT/S:

¶5810

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001

¶5811

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014

¶5812

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001

¶5813

4 THE DISTRICT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR DISTRICT-680 121

¶5814

5 THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT-680 664

¶5815

BY ADVS.

¶5816

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5817

RESPONDENT/S:

¶5818

1 V.H.SADIKHA WIFE OF A.M. HUSAIN, AGED 48 YEARS, MANAGER, IDEAL ENGLISH SCHOOL, P.O. EDAVILANGU, KODUNGALLOOR, THRISSUR DISTRICT-680 671.

¶5819

- 448 -

¶5820

W.A.No.173 of 2019 & connected cases

¶5821

2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019).

¶5822

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5823

- 449 -

¶5824

W.A.No.173 of 2019 & connected cases

¶5825

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5826

PRESENT

¶5827

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5828

&

¶5829

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5830

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5831

WA.No.556 OF 2019

¶5832

AGAINST THE ORDER/JUDGMENT IN WP(C) 8267/2018(G) OF HIGH COURT OF KERALA

¶5833

APPELLANT/S:

¶5834

1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM 695 001.

¶5835

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014.

¶5836

3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT 676 519.

¶5837

4 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679 328.

¶5838

5 THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT 679 325.

¶5839

BY ADVS.

¶5840

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5841

RESPONDENT/S:

¶5842

1 THE MANAGER, STAR ENGLISH SCHOOL, MANNARMALA, MELATTUR, MALAPPURAM DISTRICT 679 325.

¶5843

- 450 -

¶5844

W.A.No.173 of 2019 & connected cases

¶5845

2 ADDL.R2 SECRETARY( AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110 092 ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/2019 IN IA 2/2019.

¶5846

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5847

- 451 -

¶5848

W.A.No.173 of 2019 & connected cases

¶5849

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5850

PRESENT

¶5851

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5852

&

¶5853

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5854

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5855

WA.No.557 OF 2019

¶5856

AGAINST THE ORDER/JUDGMENT IN WP(C) 8445/2018(E) OF HIGH COURT OF KERALA

¶5857

APPELLANT/S:

¶5858

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N)DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶5859

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶5860

3 THE DISTRICT EDUCATIONS OFFICER, THRISSUR, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680020.

¶5861

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5862

RESPONDENT/S:

¶5863

1 THE GLOBAL PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, ABDUL MAJEED,AGED 41 YEARS,S/O.LATE ABDUL KHADER, CHERPPU WEST POST, THRISSUR DISTRICT-680563, (RESIDING AT PALIYATHUZHATHU HOUSE, CHERPPU WEST POST, THRISSUR DISTRICT-680563.

¶5864

- 452 -

¶5865

W.A.No.173 of 2019 & connected cases

¶5866

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHARIMAN, SHIKSHA KENDRA, 2,COMMUNITY CENTRE, PREET VIHAR,NEW DELHI-110301.

¶5867

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5868

- 453 -

¶5869

W.A.No.173 of 2019 & connected cases

¶5870

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5871

PRESENT

¶5872

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5873

&

¶5874

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5875

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5876

WA.No.558 OF 2019

¶5877

AGAINST THE ORDER/JUDGMENT IN WP(C) 5263/2018(G) OF HIGH COURT OF KERALA

¶5878

APPELLANT/S:

¶5879

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶5880

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶5881

3 DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.

¶5882

4 DISTRICT EDUCATIONAL OFFICER, PALAKKAD-680506.

¶5883

5 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM-679101.

¶5884

6 ASSISTANT EDUCATIONAL OFFICER, ALATHUR-678541.

¶5885

7 ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY-679532.

¶5886

8 ASSISTANT EDUCATIONAL OFFICER, PARALI-678612.

¶5887

9 ASSISTANT EDUCATIONAL OFFICER, SHORNUR-679121.

¶5888

- 454 -

¶5889

W.A.No.173 of 2019 & connected cases

¶5890

10 ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE-678506.

¶5891

11 ASSISTANT EDUCATIONAL OFFICER, CHITTUR-678101.

¶5892

BY ADVS.

¶5893

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5894

RESPONDENT/S:

¶5895

1 MANAGER, SREE NARAYANA E.M.SCHOOL, THENNILAPURAM, PALAKKAD-678682.

¶5896

2 MANAGER, NEHRU MEMORIAL E.M.S.SCHOOL, DESAMANGALAM P.O., THRISSUR-679532.

¶5897

3 MANAGER, MOTHER OF DIVINE LOVE SCHOOL, KUNDANNUR, WADAKKANCHERY-680590.

¶5898

4 MANAGER,

¶5899

AKSHAYA E.M.SCHOOL, THENNUR, PALAKKAD-678612.

¶5900

5 MANAGER,

¶5901

ST.ANTONY'S SCHOOL, SHORNUR-679121.

¶5902

6 MANAGER, KASYAPASHRAMAM E.M.SCHOOL, PAYYALORE, KOLLENGODE P.O., PALAKKAD-678506.

¶5903

7 MANAGER,

¶5904

SREE DURGHA ENGLISH MEDIUM SCHOOL, KUMBALANGAD, KANJIRAKODE P.O., WADAKKANCHERY-680590.

¶5905

8 MANAGER, ROSES PUBLIC SCHOOL, PALLATHAMPULLY, THATHAMANGALAM, PATTANCHERRY, PALAKKAD-678102.

¶5906

9 MANAGER,

¶5907

ROSE GARDEN ENGLISH SCHOOL, THALI P.O., VARAVOOR (VIA), THRISSUR, KERALA-680585.

¶5908

- 455 -

¶5909

W.A.No.173 of 2019 & connected cases

¶5910

10 MANAGER, VAISHNAVI KRISHNA VIDYA NIKETHAN E.M.SCHOOL, ELAPPULLY P.O., KOOLIYODE, PALAKKAD-678622.

¶5911

11 ADDL.R11 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶5912

(ADDL.R11 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶5913

BY ADV. SRI NIRMAL S. (B/O)

¶5914

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5915

- 456 -

¶5916

W.A.No.173 of 2019 & connected cases

¶5917

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5918

PRESENT

¶5919

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5920

&

¶5921

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5922

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5923

WA.No.559 OF 2019

¶5924

¶5925

APPELLANT/S:

¶5926

1 THE ASSISTANT EDUCATIONAL OFFICER BADIADKA, KASARAGOD DISTRICT, 671 321.

¶5927

2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT, 671 121.

¶5928

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD 671 121.

¶5929

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 01.

¶5930

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶5931

BY ADVS.

¶5932

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5933

RESPONDENT/S:

¶5934

1 M.A.ABDUL KHADER, S/O. ABDULLA HAJI, MANAGER, MADAKAM ENGLISH MEDIUM SCHOOL, KALLAPPADI, BELLURU, MULLERIA, KASARAGOD DISTRICT-671 121.

¶5935

- 457 -

¶5936

W.A.No.173 of 2019 & connected cases

¶5937

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.

¶5938

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO. 2/2019 IN WA NO. 559/2019.

¶5939

BY ADV. SRI.M.SASINDRAN

¶5940

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5941

- 458 -

¶5942

W.A.No.173 of 2019 & connected cases

¶5943

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5944

PRESENT

¶5945

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5946

&

¶5947

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5948

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5949

WA.No.560 OF 2019

¶5950

AGAINST THE ORDER/JUDGMENT IN WP(C) 40075/2017(H) OF HIGH COURT OF KERALA

¶5951

APPELLANT/S:

¶5952

1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶5953

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶5954

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM-691001.

¶5955

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VALAKODE P.O., PUNALUR, KOLLAM-691331.

¶5956

BY ADVS.

¶5957

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶5958

RESPONDENT/S:

¶5959

1 THE MANAGER, N.P.P.M. L.P. SCHOOL, CHEMANATHOOR, PUNALUR, KOLLAM-691305.

¶5960

2 MANAGER, T.V.T.M. L.P. SCHOOL, VALAKODE P.O., PUNALUR KOLLAM-691331.

¶5961

- 459 -

¶5962

W.A.No.173 of 2019 & connected cases

¶5963

3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.

¶5964

ADDL.R3 IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO.1/2019

¶5965

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5966

- 460 -

¶5967

W.A.No.173 of 2019 & connected cases

¶5968

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5969

PRESENT

¶5970

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5971

&

¶5972

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5973

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5974

WA.No.561 OF 2019

¶5975

AGAINST THE ORDER/JUDGMENT IN WP(C) 9968/2018(U) OF HIGH COURT OF KERALA

¶5976

APPELLANT/S:

¶5977

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶5978

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014.

¶5979

3 THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT 679 325.

¶5980

BY ADVS.

¶5981

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶5982

RESPONDENT/S:

¶5983

1 THE MANAGER, NCT ENGLISH MEDIUM SCHOOL, VERUMPULAKKAL, KADANNAMANNA, MALAPPURAM 679 324.

¶5984

2 ADDL. R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092

¶5985

ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/2019 IN I.A 2/19 IN W.A. 561/2019

¶5986

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶5987

- 461 -

¶5988

W.A.No.173 of 2019 & connected cases

¶5989

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5990

PRESENT

¶5991

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶5992

&

¶5993

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5994

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶5995

WA.No.562 OF 2019

¶5996

AGAINST THE ORDER/JUDGMENT IN WP(C) 9083/2018(I) OF HIGH COURT OF KERALA

¶5997

APPELLANT/S:

¶5998

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶5999

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

¶6000

3 THE DISTRICT EDUCATIONAL OFFICER, TRIVANDRUM-695 001, KERALA.

¶6001

4 THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM-695 001, KERALA.

¶6002

5 THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM-695 001, KERALA.

¶6003

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6004

RESPONDENT/S:

¶6005

1 ST.VINCENT PALLOTTI ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, MANICKAPURAM, PUTHUKULANGARA P.O, NEDUMANGADU, KERALA, POSTAL CODE 695 541.

¶6006

- 462 -

¶6007

W.A.No.173 of 2019 & connected cases

¶6008

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 301.

¶6009

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶6010

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6011

- 463 -

¶6012

W.A.No.173 of 2019 & connected cases

¶6013

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶6014

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6015

&

¶6016

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6017

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6018

WA.No.563 OF 2019

¶6019

AGAINST THE ORDER/JUDGMENT IN WP(C) 10059/2018(F) OF HIGH COURT OF KERALA

¶6020

APPELLANT/S:

¶6021

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001.

¶6022

2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM.

¶6023

3 THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM.

¶6024

BY ADVS.

¶6025

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6026

RESPONDENT/S:

¶6027

1 ELDA SEPIACCI ENGLISH MEDIUM SCHOOL, CHATHANAND, EXHIKKARA P.O., NORTH PARAVUR-683 513, REPRESENTED BY ITS MANAGER SRI. GIGI FRANCIS, D/O. FRANCIS, AGED 37 YEARS.

¶6028

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6029

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 563/2019.

¶6030

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6031

- 464 -

¶6032

W.A.No.173 of 2019 & connected cases

¶6033

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6034

PRESENT

¶6035

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6036

&

¶6037

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6038

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6039

WA.No.564 OF 2019

¶6040

AGAINST THE ORDER/JUDGMENT IN WP(C) 10498/2018(J) OF HIGH COURT OF KERALA

¶6041

APPELLANT/S:

¶6042

1 ASSISTANT EDUCATIONAL OFFICER

¶6043

PAPPINISSERI, KEECHERI. P.O., KANNUR DISTRICT, 670 562.

¶6044

2 ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL P.O., KUNNUMMAL, KOZHIKODE DISTRICT 670 018.

¶6045

3 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.

¶6046

4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶6047

BY ADVS.

¶6048

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6049

RESPONDENT/S:

¶6050

1 PRESIDENT, VISHWAKARMA ORGANIZATION FOR IDEAL CAREER AND EDUCATION VOICE, RAMAPURAM, PALLIKUNNU P.O., PUZHATHI VILLAGE, KANNUR DISTRICT, KERALA, 670 004.

¶6051

- 465 -

¶6052

W.A.No.173 of 2019 & connected cases

¶6053

2 PRINCIPAL,

¶6054

MES CENTRAL SCHOOL CBSE, PATHIRIPATTA KANDOTHKUNNI, PATHIRIPATTA P.O., KAKKATTIL VIA, KOZHIKODE DISTRICT, KERALA, 673 507.

¶6055

3 ADDL. R3 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.

¶6056

ADDL. R3 IMPLEADED PER ORDER DATED 26/2/19 IN I.A. NO. 2/19 IN W.A. 564/19.

¶6057

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6058

- 466 -

¶6059

W.A.No.173 of 2019 & connected cases

¶6060

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6061

PRESENT

¶6062

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6063

&

¶6064

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6065

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6066

WA.No.565 OF 2019

¶6067

AGAINST THE ORDER/JUDGMENT IN WP(C) 9505/2018(K) OF HIGH COURT OF KERALA

¶6068

APPELLANT/S:

¶6069

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶6070

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE 695 001.

¶6071

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM 686 001,KERALA

¶6072

4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM 686 001, KERALA.

¶6073

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686 001, KERALA.

¶6074

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6075

RESPONDENT/S:

¶6076

1 ST.JOSEPHS ENGLISH MEDIUM L.P. SCHOOL REPRESENTED BY ITS PRINCIPAL, CHANGANASSERY,KOTTAYAM, KERALA-686101.

¶6077

- 467 -

¶6078

W.A.No.173 of 2019 & connected cases

¶6079

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092.

¶6080

(ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.02.19 IN IA NO.WA 565/2019)

¶6081

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶6082

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6083

- 468 -

¶6084

W.A.No.173 of 2019 & connected cases

¶6085

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6086

PRESENT

¶6087

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6088

&

¶6089

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6090

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6091

WA.No.566 OF 2019

¶6092

AGAINST THE ORDER/JUDGMENT IN WP(C) 24072/2017(H) OF HIGH COURT OF KERALA

¶6093

APPELLANT/S:

¶6094

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT,

¶6095

GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶6096

2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670 001

¶6097

3 THE ASSISTANT EDUCATIONAL OFFICER MADAYI, KANNUR DISTRICT, PIN-670 304

¶6098

4 THE DIRECTOR DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHARPURAM-695 001

¶6099

BY ADVS.

¶6100

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6101

RESPONDENT/S:

¶6102

1 AYISHA.K(MINOR), D/O. SHAMSUDHEEN P.V, REP. BY HER FATHER SHAMSUDHEEN P.V, RESIDING AT MATTOOL AMSOM, MADAKKARA DESOM, P.O, IRINAVE, KANNUR DISTRICT-670 301.

¶6103

2 E-ANATHUL ISLAM ENGLISH MEDIUM SCHOOL MADAKKARA P.O, IRINAVE, VIA CHERUKUNNU, KANNUR DISTRICT, REP. BY ITS MANAGER M. MUHAMMED KUNHI HAJI, S/O. IBRAHIM KUTTY, VATTAKANDI HOUSE, MADAKKARA, P.O. IRINAVE, PIN-670 301.

¶6104

- 469 -

¶6105

W.A.No.173 of 2019 & connected cases

¶6106

3 ADDL.R3-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN,SHIKSHA KENDRA, 2,COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092 ( ADDITIONAL R3 AS ABOVE IS IMPLEADED AS PER ORDER DATED 18.02.2019 IN IA . 2/2019 IN WA 566/2019)

¶6107

BY ADV. SRI.M.V.AMARESAN

¶6108

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6109

- 470 -

¶6110

W.A.No.173 of 2019 & connected cases

¶6111

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6112

PRESENT

¶6113

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6114

&

¶6115

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6116

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6117

WA.No.567 OF 2019

¶6118

AGAINST THE ORDER/JUDGMENT IN WP(C) 34694/2017(J) OF HIGH COURT OF KERALA

¶6119

APPELLANT/S:

¶6120

1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶6121

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶6122

3 THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 001, KERALA

¶6123

4 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001, KERALA.

¶6124

BY ADVS.

¶6125

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6126

RESPONDENT/S:

¶6127

1 SANJOES CENTRAL SCHOOL, REPRESENTED THROUGH ITS PRINCIPAL, ELANAD P.O, CHELAKKARA, THRISSUR-680 586.

¶6128

- 471 -

¶6129

W.A.No.173 of 2019 & connected cases

¶6130

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301

¶6131

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶6132

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6133

- 472 -

¶6134

W.A.No.173 of 2019 & connected cases

¶6135

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6136

PRESENT

¶6137

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6138

&

¶6139

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6140

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6141

WA.No.568 OF 2019

¶6142

AGAINST THE ORDER/JUDGMENT IN WP(C) 40013/2017(B) OF HIGH COURT OF KERALA

¶6143

APPELLANT/S:

¶6144

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.

¶6145

2 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.

¶6146

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF AEO, KOZHIKODE CITY, KOZHIKODE DISTRICT-673001.

¶6147

BY ADVS.

¶6148

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6149

RESPONDENT/S:

¶6150

1 THE MANAGER, MALABAR CENTRAL SCHOOL AND MADRASA, PANNIYANKARA, KALLAI.P.O, KOZHIKODE-673003.

¶6151

- 473 -

¶6152

W.A.No.173 of 2019 & connected cases

¶6153

2 ADDL.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092 ( ADDL.R2-IMPLEADED AS PER ORDER DATED 26/01/19 IN I.A.NO.2/19 IN W.A.568/19

¶6154

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6155

- 474 -

¶6156

W.A.No.173 of 2019 & connected cases

¶6157

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6158

PRESENT

¶6159

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6160

&

¶6161

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6162

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6163

WA.No.569 OF 2019

¶6164

AGAINST THE ORDER/JUDGMENT IN WP(C) 23967/2017(U) OF HIGH COURT OF KERALA

¶6165

APPELLANT/S:

¶6166

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶6167

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014.

¶6168

3 DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT-670001.

¶6169

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, IRITTY, KANNUR DISTRICT-670701.

¶6170

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6171

RESPONDENT/S:

¶6172

1 THE MANAGER, MA-ADANUL ULOOM MODERN PUBLIC SCHOOL KAKKAYANGAD P.O, KANNUR DISTRICT-670673.

¶6173

- 475 -

¶6174

W.A.No.173 of 2019 & connected cases

¶6175

2 ADDL.R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 569/2019)

¶6176

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6177

- 476 -

¶6178

W.A.No.173 of 2019 & connected cases

¶6179

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6180

PRESENT

¶6181

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6182

&

¶6183

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6184

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6185

WA.No.570 OF 2019

¶6186

AGAINST THE ORDER/JUDGMENT IN WP(C) 3615/2018(B) OF HIGH COURT OF KERALA

¶6187

APPELLANT/S:

¶6188

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶6189

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

¶6190

3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPZUHA, IDUKKI DISTRICT 685 584.

¶6191

BY ADVS.

¶6192

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6193

RESPONDENT/S:

¶6194

1 ST.GEORGE PUBLIC SCHOOL SITUATED AT KURUVILA CITY, KULAPPARACHAL POST IN IDUKKI DISTRICT, 685 619, REPRESENTED BY ITS CHAIRMAN, SRI JACOB M.O., AGED 59 YEARS, S/O. SRI. OUSEPH, RESIDING AT MUTHUKATTU HOUSE, KULAPPARACHAL POST IN IDUKKI DISTRICT 685 619.

¶6195

- 477 -

¶6196

W.A.No.173 of 2019 & connected cases

¶6197

2 ADDL.R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092 (ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA.1/2019 IN WA.570/2019)

¶6198

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6199

- 478 -

¶6200

W.A.No.173 of 2019 & connected cases

¶6201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6202

PRESENT

¶6203

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6204

&

¶6205

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6206

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6207

WA.No.571 OF 2019

¶6208

AGAINST THE ORDER/JUDGMENT IN WP(C) 18208/2017(A) OF HIGH COURT OF KERALA

¶6209

APPELLANT/S:

¶6210

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039

¶6211

2 DIRECOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001

¶6212

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM CIVIL STATION ROAD, VIDYA NAGAR, KOLLAM, KERALA 691 013.

¶6213

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, NEAR POLICE STATION, KOLLAM 691 506.

¶6214

5 ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM 691 501.

¶6215

6 ASSISTANT EDUCATIONAL OFFICER, CHAVARA, KOLLAM 691 583

¶6216

7 ASSISTANT EDUCATIONAL OFFICER, SASTHAMCOTTA, KOLLAM- 690 521

¶6217

8 ASSISTANT EDUCATIONAL OFFICER, VELIYAM KOLLAM 691 540.

¶6218

- 479 -

¶6219

W.A.No.173 of 2019 & connected cases

¶6220

9 ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR, KOLLAM 691 572

¶6221

10 ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM 691 506

¶6222

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6223

RESPONDENT/S:

¶6224

1 THE MANAGER, GURUKULAM ENGLISH MEDIUM SCHOOL, NENMENI (N), MANROTHURUTHU (PO) KIOLLAM DISTRICT-691 502.

¶6225

2 THE MANAGER, ALIMIYAN PUBLIC SCHOO, PORUVAZHY (PO), SASTHAMKOTTA, KOLLAM DISTRICT 691 520

¶6226

3 THE MANAGER, M.N.P.M. CENTRAL, ADIKKADU, VENGA (PO) KOLLAM DISTRICT 690 521.

¶6227

4 THE MANAGER, CRESENT CENTRAL SCHOOL, KAMPALADY, PORUVAZHI (PO) KOLLAM DISTRICT 690 520

¶6228

5 THE MANAGER, M.N.P.M.CENTRAL SCHOOL, SASTHAMCOTTA, KOLLAM DISTRICT 690 521.

¶6229

6 THE MANAGER, MATHA CENTRAL SCHOOL, AMBALATHUM BHAGAM (PO), PORUVAZHY, CINIMAPARAMBU, KOLLAM DISTRICT 690 520.

¶6230

7 THE MANAGER, GURUKULAM ENGLISH MEDIUM L.P.SCHOOL AYATHOTTUVA, WEST KALLADA, KOLLAM DISTRICT-691 500

¶6231

8 THE MANAGER, C.V.M.M.CENTRAL SCHOOL, VENGAL, SASTHAMCOTTA, KOLLAM DISTRICT 690 521.

¶6232

- 480 -

¶6233

W.A.No.173 of 2019 & connected cases

¶6234

9 THE MANAGER,

¶6235

SACRED HEART LP SCHOOL, CHERIYAVELINALLUR, AKKAL(PO), KARINGANNOOR, KOLLAM DISTRICT 691 516

¶6236

10 THE MANAGER, SREE NARAYANAN PUBLIC SCHOOL, VILAPURAM, THAZHAM SOUTH, CHATHANNOOR (PO) KOLLAM DISTRICT 691 572.

¶6237

11 THE MANAGER, VIMALAHRIDAYA ENGLISH MEDIUM SCHOOL, PULAMON, KOTTARAKARA 691 506.

¶6238

12 ADDL.R12-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R12 ARE IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO .2/2019 IN W.A NO .571/2019)

¶6239

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6240

- 481 -

¶6241

W.A.No.173 of 2019 & connected cases

¶6242

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6243

PRESENT

¶6244

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6245

&

¶6246

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6247

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6248

WA.No.572 OF 2019

¶6249

¶6250

APPELLANT/S:

¶6251

1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶6252

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014.

¶6253

3 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM -695 001.

¶6254

4 DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM 695 101.

¶6255

5 ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM- 695 101.

¶6256

BY ADVS.

¶6257

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6258

RESPONDENT/S:

¶6259

1 AMRITA MODEL ENGLISH MEDIUM SCHOOL, THACHOORKUNNU, AVANAVANCHEERI P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN 695 103, REPRESENTED BY ITS MANAGER,

¶6260

N. MOHANAN, AGED 60 YEARS, S/O. NARAYANAN, UPASANA, THACHOORKUNNU, AVANAVANCHEERY P.O, ATTINGAL.

¶6261

- 482 -

¶6262

W.A.No.173 of 2019 & connected cases

¶6263

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶6264

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 572/2019.

¶6265

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6266

- 483 -

¶6267

W.A.No.173 of 2019 & connected cases

¶6268

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6269

PRESENT

¶6270

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6271

&

¶6272

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6273

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6274

WA.No.573 OF 2019

¶6275

AGAINST THE ORDER/JUDGMENT IN WP(C) 32456/2017(F) OF HIGH COURT OF KERALA

¶6276

APPELLANT/S:

¶6277

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶6278

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001.

¶6279

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA -685 605.

¶6280

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA-685 605

¶6281

BY ADVS.

¶6282

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6283

RESPONDENT/S:

¶6284

1 MANAGING DIRECTOR, MOON SCHOOL OF CREATIVE SCIENCE, KARUKA, PERUMPILLYCHIRA P.O., THODUPZUHA, IDUKKI- 685 605.

¶6285

- 484 -

¶6286

W.A.No.173 of 2019 & connected cases

¶6287

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶6288

BY ADV. SRI NIRMAL S. (B/O

¶6289

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6290

- 485 -

¶6291

W.A.No.173 of 2019 & connected cases

¶6292

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6293

PRESENT

¶6294

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6295

&

¶6296

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6297

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6298

WA.No.574 OF 2019

¶6299

AGAINST THE ORDER/JUDGMENT IN WP(C) 9470/2017(G) OF HIGH COURT OF KERALA

¶6300

APPELLANT/S:

¶6301

1 STATE OF KERALA,

¶6302

REP. BY THE SECRETARY TO GOVERNMENT,

¶6303

GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,

¶6304

THIRUVANANTHAPURAM- 695 001.

¶6305

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 01.

¶6306

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKARA DISTRICT.

¶6307

4 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT.

¶6308

5 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR.

¶6309

6 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL.

¶6310

7 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VELIYAM, ODANAVATTOM P.O., PIN - 691 512.

¶6311

8 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VARKALA P.O., PIN - 696 141.

¶6312

- 486 -

¶6313

W.A.No.173 of 2019 & connected cases

¶6314

9 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL P.O., - 695 101.

¶6315

10 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR - 691 305.

¶6316

11 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE EDUCATIONAL OFFICER, ANCHAL - 691 306.

¶6317

12 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA - 691 501.

¶6318

13 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHADAYAMANGALAM - 691 534.

¶6319

14 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM - 691 001.

¶6320

15 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNUR - 691 572.

¶6321

16 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583.

¶6322

BY ADVS.

¶6323

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6324

RESPONDENT/S:

¶6325

1 MANAGER,SIDDARTHA CENTRAL SCHOOL, NETTAYAM, AMBALAMKUNNU, KOLLAM DISTRICT - 691 537.

¶6326

2 MANAGER, SREE NARAYANA CENTRAL SCHOOL, AMBALAMKUNNU, NETTAYAM P.O., POOYAPALLY, KOLLAM DISTRICT - 691 537.

¶6327

- 487 -

¶6328

W.A.No.173 of 2019 & connected cases

¶6329

3 MANAGER, GANDHI BHAVAN ENGLISH MEDIUM SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.

¶6330

4 MANAGER, TAGORE ENGLISH MEDIUM SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.

¶6331

5 MANAGER, SREE SANKARACHARYA PUBLIC SCHOOL, VELIYAM P.O., VELIYAM, KOTTARAKKARA, KOLLAM DISTRICT - 691 512.

¶6332

6 MANAGER, NAVAJEEVAN NURSERY AND L.P.SCHOOL, KARINGANNOOR P.O., KOLLAM DISTRICT - 691 516.

¶6333

7 MANAGER, VIVEKANANDA ENGLISH MEDIUM AND L.P.SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.

¶6334

8 MANAGER, LITTLE HEARTS SCHOOL, MULLUVILA, VADAKKEVILA P.O., KOLLAM DISTRICT - 691 010.

¶6335

9 MANAGER, LITTLE JASMINE ENGLISH MEDICUM SCHOOL, T.K.M.C.P.O., KARICODE, KOLLAM DISTRICT - 691 005.

¶6336

10 MANAGER, CITADEL ENGLISH MEDIUM SCHOOL, NEAR O.I.H.C.CONVENT, ERAVIPURAM P.O., KOLLAM DISTRICT - 691 011.

¶6337

11 MANAGER, VIDHYABHAVAN SCHOOL, PUTHANKULAM P.O., SOUTH PARAVOOR, KOLLAM DISTRICT - 691 011.

¶6338

12 MANAGER, DOWN CENTRAL SCHOOL, VADUTHALA, PANMANA PUTHANCHANTHA P.O., CHAVARA, KOLLAM DISTRICT - 691 587.

¶6339

13 MANAGER, GREEN MOUNT PUBLIC SCHOOL, SANKARAMANGALAM, CHAVARA, KOLLAM DISTRICT - 691 583.

¶6340

14 MANAGER, INFANT JESUS NURSERY AND LP SCHOOL, NALLILA P.O., NALLILA, KOLLAM DISTRICT - 691 515.

¶6341

15 MANAGER, HOLY MASS CENTRAL SCHOOL, AYIRANALLOOR P.O., EDAMON, PUNALUR, KOLLAM DISTRICT - 691 306.

¶6342

- 488 -

¶6343

W.A.No.173 of 2019 & connected cases

¶6344

16 MANAGER, DEVI MATHA ENGLISH MEDIUM SCHOOL, MANCHALLOOR, PATHANAPURAM, KOLLAM DISTRICT - 691 695.

¶6345

17 MANAGER, VIRGIN ENLGISH MEDIUM SCHOOL, AVANEESWARAM R.S.P.O., KUNNICODU, KOLLAM DISTRICT - 691 508.

¶6346

18 MANAGER, OXFORD PUBLIC SCHOOL, THADICADU, ANCHAL, KOLLAM DISTRICT - 691 306.

¶6347

19 MANAGER, GOOD SHEPHERED PUBLIC SCHOOL, CHANDANACABU, THINGAL KARIKKAM P.O., KULATHIPUZHA, KOLLAM DISTRICT - 691 310.

¶6348

20 MANAGER, LITTLE FLOCK PUBLIC SCHOOL, KOLLAYIL P.O., KOLLAYIL MADATHARA, KOLLAM DISTRICT - 691 541.

¶6349

21 MANAGER, EMIRATES AND ANGELS CENTRAL SCHOOL, KUMMIL P.O., KADAKKAL, KOLLAM DISTRICT - 691 536.

¶6350

22 MANAGER, SCHOOL OF BRIGHTS ENGLISH MEDIUM L.P.S., MUNDAKKAL P.O., AVANAVANCHERRY VIA, ATTINGAL, THIRUVANANTHAPURAM - 695 103.

¶6351

23 MANAGER, S.N.KIDS ENGLISH MEDIUM SCHOOL, FACTORY JUNCTION, PALAYAMKUNNU P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 146.

¶6352

24 MANAGER, ME CENTRAL SCHOOL, OYUR P.O., OYUR, KOLLAM DISTRICT - 691 510.

¶6353

25 ADDL.R25 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R25 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶6354

BY ADV. SRI NIRMAL S. (B/O

¶6355

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6356

- 489 -

¶6357

W.A.No.173 of 2019 & connected cases

¶6358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6359

PRESENT

¶6360

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6361

&

¶6362

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6363

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6364

WA.No.575 OF 2019

¶6365

AGAINST THE ORDER/JUDGMENT IN WP(C) 22299/2017(J) OF HIGH COURT OF KERALA

¶6366

APPELLANT/S:

¶6367

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶6368

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.

¶6369

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT -691 001. 4 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL- 691 306.

¶6370

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6371

RESPONDENT/S:

¶6372

1 THE MANAGER, ST.JOSEPH S ENGLISH MEDIUM SCHOOL PHILGIRY, CHERKULAM.P.O., ANCHAL, KOLLAM 691 306.

¶6373

- 490 -

¶6374

W.A.No.173 of 2019 & connected cases

¶6375

2 ADDL.R2 (SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶6376

BY ADV. SRI NIRMAL S. (B/O

¶6377

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6378

- 491 -

¶6379

W.A.No.173 of 2019 & connected cases

¶6380

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6381

PRESENT

¶6382

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6383

&

¶6384

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6385

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6386

WA.No.576 OF 2019

¶6387

AGAINST THE ORDER/JUDGMENT IN WP(C) 27405/2017(A) OF HIGH COURT OF KERALA

¶6388

APPELLANT/S:

¶6389

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶6390

2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001

¶6391

3 DISTRICT EDUCATIONAL OFFICER KOLLAM-691 013

¶6392

4 ASSISTANT EDUCATIONAL OFFICER KOLLAM-691 013

¶6393

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6394

RESPONDENT/S:

¶6395

1 VENAD PUBLIC SCHOOL, NEAR PNNM HOSPITAL, ANCHALUMMOOD, KOLLAM, MANAGED BY SREE UTHRADAM THIRUNAL SMARAKA TRUST, NEAR PNNM HOSPITAL, ANCHALUMMOOD, KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT, RAJEEV. B.

¶6396

- 492 -

¶6397

W.A.No.173 of 2019 & connected cases

¶6398

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶6399

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 576/2019.

¶6400

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6401

- 493 -

¶6402

W.A.No.173 of 2019 & connected cases

¶6403

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6404

PRESENT

¶6405

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6406

&

¶6407

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6408

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6409

WA.No.577 OF 2019

¶6410

AGAINST THE ORDER/JUDGMENT IN WP(C) 7573/2018(V) OF HIGH COURT OF KERALA

¶6411

APPELLANT/S:

¶6412

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N) DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶6413

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶6414

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676319.

¶6415

BY ADVS.

¶6416

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6417

RESPONDENT/S:

¶6418

1 KERALA ENGLISH MEDIUM SCHOOL SITUATED AT CHETTIPADY P.O, MALAPPURAM DISTRICT-676319, REPRESENTED BY ITS MANAGER, E.P. AHAMMED KOYA MARAKKAR, AGED 70 YEARS, S/O. ASSAMUTTY NAHA (RESIDING AT ERAMAKA VEETTIL(PUTHIYAKATH HOUSE) PARAPPANANGADI IN MALAPPURAM DISTRICT-676319.

¶6419

- 494 -

¶6420

W.A.No.173 of 2019 & connected cases

¶6421

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 577/2019)

¶6422

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6423

- 495 -

¶6424

W.A.No.173 of 2019 & connected cases

¶6425

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6426

PRESENT

¶6427

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6428

&

¶6429

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6430

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6431

WA.No.578 OF 2019

¶6432

AGAINST THE ORDER/JUDGMENT IN WP(C) 18639/2017(D) OF HIGH COURT OF KERALA

¶6433

APPELLANT/S:

¶6434

1 ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶6435

2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶6436

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶6437

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶6438

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶6439

BY ADVS.

¶6440

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6441

RESPONDENT/S:

¶6442

1 ANITHA K.,AGED 40 YEARS, W/O LATE PADMANABHAN A.C., MANAGER, PROVIDENCE ENGLISH MEDIUM SCHOOL, IRIYANNI ROAD, MULIYAR, KASARGOD DISTRICT.

¶6443

- 496 -

¶6444

W.A.No.173 of 2019 & connected cases

¶6445

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.

¶6446

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 578/2019.

¶6447

BY ADV. SRI.M.SASINDRAN

¶6448

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6449

- 497 -

¶6450

W.A.No.173 of 2019 & connected cases

¶6451

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6452

PRESENT

¶6453

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6454

&

¶6455

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6456

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6457

WA.No.579 OF 2019

¶6458

AGAINST THE ORDER/JUDGMENT IN WP(C) 24554/2017(T) OF HIGH COURT OF KERALA

¶6459

APPELLANT/S:

¶6460

1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶6461

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM-695014.

¶6462

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT.

¶6463

4 THE ASSISTANT EDUCATIONAL OFFICER, IRITTY, KANNUR DISTRICT-670703.

¶6464

BY ADVS.

¶6465

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6466

RESPONDENT/S:

¶6467

1 THE MANAGER, AL-RAZI PUBLIC SCHOOL, AYYAPPANKAVU, VILAKODE P.O., IRITTY, KANNUR DISTRICT-670703.

¶6468

- 498 -

¶6469

W.A.No.173 of 2019 & connected cases

¶6470

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 579/2019)

¶6471

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6472

- 499 -

¶6473

W.A.No.173 of 2019 & connected cases

¶6474

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6475

PRESENT

¶6476

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6477

&

¶6478

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6479

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6480

WA.No.580 OF 2019

¶6481

AGAINST THE ORDER/JUDGMENT IN WP(C) 39425/2017(C) OF HIGH COURT OF KERALA

¶6482

APPELLANT/S:

¶6483

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶6484

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶6485

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR , PALAKKAD-678001.

¶6486

4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.

¶6487

5 THE ASSISTANT EDUCATIONAL OFFICER, EDATHARA, PARLI, PIN-678612,

¶6488

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6489

RESPONDENT/S:

¶6490

1 THE MANAGER, PALAKKAL ENGLISH MEDIUM SCHOOL, PARLI, PALAKKAD-678612.

¶6491

- 500 -

¶6492

W.A.No.173 of 2019 & connected cases

¶6493

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶6494

BY ADV. SRI NIRMAL S. (B/O

¶6495

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6496

- 501 -

¶6497

W.A.No.173 of 2019 & connected cases

¶6498

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6499

PRESENT

¶6500

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6501

&

¶6502

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6503

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6504

WA.No.581 OF 2019

¶6505

AGAINST THE ORDER/JUDGMENT IN WP(C) 22247/2017(E) OF HIGH COURT OF KERALA

¶6506

APPELLANT/S:

¶6507

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.

¶6508

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶6509

3 THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY-673573, KOZHIKODE DISTRICT.

¶6510

4 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE--673001, KOZHIKODE DISTRICT.

¶6511

5 DISTRICT EDUCATIONAL OFFICER, MINI CIVIL STATION, VADAKKARA, 673101, KOZHIKODE.

¶6512

6 DISTRICT EDUCATIONAL OFFICER, REVENUE TOWER, COURT ROAD, THALIPARAMBA-670141, KANNUR DISTRICT .

¶6513

7 DISTRICT EDUCATIONAL OFFICER, MINI CIVIL STATION, THALASSERY-670101, KANNUR DISTRICT.

¶6514

8 ASSISTANT EDUCATIONAL OFFICER, KODUVALLY P.O., KODUVALLY, 673572, KOZHIKODE DISTRICT.

¶6515

- 502 -

¶6516

W.A.No.173 of 2019 & connected cases

¶6517

9 ASSISTANT EDUCATIONAL OFFICER, BALUSSERY, 673612, KOZHIKODE DISTRICT.

¶6518

10 ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, MINI CIVIL STATION, 670101, KANNUR DISTRICT.

¶6519

11 ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR P.O., ERANHIPPALAM-673006.

¶6520

12 ASSISTANT EDUCATIONAL OFFICER, MELADY, VADAKKARA-673521, KOZHIKODE DISTRICT.

¶6521

13 ASSISTANT EDUCATIONAL OFFICER, MADAYI P.O., PAZHAYANGADI, -670303, KANNUR DISTRICT.

¶6522

BY ADVS.

¶6523

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6524

RESPONDENT/S:

¶6525

1 MANAGER, MALABAR ENGLISH SCHOOL, KADIRUR P.O., THALASSERY, KANNUR -670642.

¶6526

2

¶6527

SECRETARY, P.H.S.ENGLISH SCHOOL,

¶6528

PALATH P.O., KOZHIKODE -673572.

¶6529

3 MANAGER, MAJMA ENGLISH MEDIUM SCHOOL, PARANNUR P.O., MARIKUNNI, KOZHIKODE-673613.

¶6530

4 MANAGER,

¶6531

MODERN ENGLISH SCHOOL, NARMINDA, KOZHIKODE-673613.

¶6532

5 VIJAY JUNIOR SCHOOL, MEPPAYUR P.O., KOZHIKODE-673521.

¶6533

6 MANAGER,

¶6534

BABY NURSERY ENGLISH MEDIUM SCHOOL, MANNAPURAM, CHERUKUNNU P.O., KANNUR -670301.

¶6535

- 503 -

¶6536

W.A.No.173 of 2019 & connected cases

¶6537

7 ADDL.R7 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R7 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶6538

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O

¶6539

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6540

- 504 -

¶6541

W.A.No.173 of 2019 & connected cases

¶6542

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6543

PRESENT

¶6544

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6545

&

¶6546

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6547

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6548

WA.No.582 OF 2019

¶6549

AGAINST THE ORDER/JUDGMENT IN WP(C) 37732/2017(N) OF HIGH COURT OF KERALA

¶6550

APPELLANT/S:

¶6551

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695039.

¶6552

2 THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶6553

3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691001.

¶6554

BY ADVS.

¶6555

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶6556

RESPONDENT/S:

¶6557

1 MANAGER, PEACE PUBLIC SCHOOL, KANIYANTHODU, MUKHATHALA P.O., KOLLAM DISTRICT, PIN-691577.

¶6558

- 505 -

¶6559

W.A.No.173 of 2019 & connected cases

¶6560

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶6561

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O

¶6562

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6563

- 506 -

¶6564

W.A.No.173 of 2019 & connected cases

¶6565

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6566

PRESENT

¶6567

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6568

&

¶6569

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6570

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6571

WA.No.583 OF 2019

¶6572

AGAINST THE ORDER/JUDGMENT IN WP(C) 7365/2018(U) OF HIGH COURT OF KERALA

¶6573

APPELLANT/S:

¶6574

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶6575

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶6576

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT-673631.

¶6577

BY ADVS.

¶6578

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6579

RESPONDENT/S:

¶6580

1 NEST PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, BASHEER P.C, AGED 61 YEARS, S/O.SHRI P.K.MOIDEEN, MODEL HILLS, RAMANATTUKARA P.O, KOZHIKODE DISTRICT 673633, (RESIDING AT PUTHIYACHIRAKKAL HOUSE P.O, FEROKE, KOZHIKODE DISTRICT-673631.

¶6581

- 507 -

¶6582

W.A.No.173 of 2019 & connected cases

¶6583

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6584

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 583/2019.

¶6585

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6586

- 508 -

¶6587

W.A.No.173 of 2019 & connected cases

¶6588

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6589

PRESENT

¶6590

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6591

&

¶6592

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6593

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6594

WA.No.584 OF 2019

¶6595

AGAINST THE ORDER/JUDGMENT IN WP(C) 10496/2018(J) OF HIGH COURT OF KERALA

¶6596

APPELLANT/S:

¶6597

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶6598

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.

¶6599

3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673 001.

¶6600

4 THE ASSISTANT EDUCATIONAL OFFICER CHEVAYUR EDUCATIONAL SUB DISTRICT, CHEVAYUR, KOZHIKODE-673 017.

¶6601

BY ADVS.

¶6602

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶6603

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6604

RESPONDENT/S:

¶6605

1 SAHADEVAN.N., AGED 80 YEARS, S/O. GOPALAN, NADUKKANDY HOUSE, KARAPARAMBA P.O., KOZHIKODE. (CHAIRMAN, GUARDIANS EDUCATION AND CULTURAL TRUST, ATHANICKAL, WEST HILL)-673010.

¶6606

- 509 -

¶6607

W.A.No.173 of 2019 &

¶6608

connected cases

¶6609

2 SIVARAJ C., AGED 49 YEARS, S/O. SREEDHARAN, SRAVANAM, KAKKULANGARA, WEST HILL P.O., KOZHIKODE

¶6610

(SECRETARY, GUARDIANS EDUCATION AND CULTURAL TRUST, ATHANICKAL, WEST HILL).-673 005

¶6611

3 REESHA.E., AGED 40 YEARS, D/O. RAJAGOLAN, MATHRANGOTTU HOUSE, THEKKEYIL PARAMBA, MAKKADA P.O., KAKKODI (VIA), KOZHIKODE. (PRESIDENT PARENTS-TEACHERS ASSOCIATION, GUARDIANS U.P. SCHOOL, ATHANIKKAL, WEST HILL, KOZHIKODE)-673 611

¶6612

4 ADDL. R4. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6613

ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 584/2019.

¶6614

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6615

- 510 -

¶6616

W.A.No.173 of 2019 & connected cases

¶6617

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6618

PRESENT

¶6619

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6620

&

¶6621

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6622

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6623

WA.No.585 OF 2019

¶6624

AGAINST THE ORDER/JUDGMENT IN WP(C) 41174/2016(V) OF HIGH COURT OF KERALA

¶6625

APPELLANT/S:

¶6626

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶6627

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶6628

3 THE DISTRICT EDUCATION OFFICER IRINJALAKUDA, THRISSUR DISTRICT-680 021.

¶6629

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6630

RESPONDENT/S:

¶6631

1 GRACE INTERNATIONAL SCHOOL, MALA, REPRESENTED BY THE CHAIRMAN, DR. RAJU DAVIS PEREPPADAN, AGED 58 YEARS, S/O. SHRI. DAVIS, MALA, GRACE KNOWLEDGE VILLAGE, MALAPALLIPURAM P.O., PLAVINMURY, THRISSUR DIST-680 732. (RESIDING AT PEREPPADAN HOUSE, MALA, THRISSUR DIST.)

¶6632

- 511 -

¶6633

W.A.No.173 of 2019 & connected cases

¶6634

2 CENTRAL BOARD OF SECONDARY EDUCATION REP. BY THE CHAIRMAN SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301.

¶6635

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6636

- 512 -

¶6637

W.A.No.173 of 2019 & connected cases

¶6638

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6639

PRESENT

¶6640

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6641

&

¶6642

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6643

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6644

WA.No.586 OF 2019

¶6645

AGAINST THE ORDER/JUDGMENT IN WP(C) 10413/2018(B) OF HIGH COURT OF KERALA

¶6646

APPELLANT/S:

¶6647

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT , THIRUVANANTHAPURAM - 695 001.

¶6648

2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶6649

3 DISTRICT EDUCATIONAL OFFICER, KOTTAYAM DISTRICT - 686 001.

¶6650

4 DEPUTY DIRECTOR, EDUCATION DEPARTMENT, KOTTAYAM - 686 001.

¶6651

BY ADVS.

¶6652

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6653

RESPONDENT/S:

¶6654

1 THE RAJAS INTERNATIONAL SCHOOL, SACHIVOTHAMAPURAM P.O., KURICHI, KOTTAYAM - 686 532, REPRESENTED BY THE CHAIRMAN, DR. S.A. JOY RAJA.

¶6655

- 513 -

¶6656

W.A.No.173 of 2019 & connected cases

¶6657

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6658

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 586/2019.

¶6659

BY ADVS. SMT.SINDHU SANTHALINGAM SRI.A.D.SHAJAN

¶6660

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6661

- 514 -

¶6662

W.A.No.173 of 2019 & connected cases

¶6663

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6664

PRESENT

¶6665

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6666

&

¶6667

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6668

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6669

WA.No.587 OF 2019

¶6670

AGAINST THE ORDER/JUDGMENT IN WP(C) 31543/2017(P) OF HIGH COURT OF KERALA

¶6671

APPELLANT/S:

¶6672

1 STATE OF KERALA, BY THE SECRETARY TO GOVERNMENT, GENERAL (N) EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,

¶6673

THIRUVANANTHAPURAM-695 001.

¶6674

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶6675

3 THE DISTRICT EDUCATIONAL OFFICER THRISSUR-680 020.

¶6676

BY ADVS.

¶6677

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6678

RESPONDENT/S:

¶6679

1 THE MAHMOODIYYA PUBLIC SCHOOL, SITUATED AT VARANDARAPPILLY, VELUPPADAM POST IN THRISSUR DISTRICT-680 303, REPRESENTED BY ITS MANAGER MUHAMMED SHERIEF K.M, AND AGED 41 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARUPPAMVEETTIL HOUSE, PALPPILLY POST, THRISSUR DISTRICT-680 303.

¶6680

- 515 -

¶6681

W.A.No.173 of 2019 & connected cases

¶6682

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6683

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 587/2019.

¶6684

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6685

- 516 -

¶6686

W.A.No.173 of 2019 & connected cases

¶6687

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6688

PRESENT

¶6689

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6690

&

¶6691

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6692

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6693

WA.No.588 OF 2019

¶6694

¶6695

APPELLANT/S:

¶6696

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 039.

¶6697

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

¶6698

3 DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM - 686 691.

¶6699

4 DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 001.

¶6700

5 ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR - 683 542.

¶6701

6 ASSISTANT EDUCATIONAL OFFICER,

¶6702

ALATHUR - 678 541.

¶6703

7 ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD - 678 582.

¶6704

BY ADVS.

¶6705

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6706

- 517 -

¶6707

W.A.No.173 of 2019 & connected cases

¶6708

RESPONDENT/S:

¶6709

1 MANAGER, VIDYADEEPTHI PUBLIC SCHOOL, PATTAL, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM, PIN - 683 548.

¶6710

2 PRINCIPAL, IDEAL EDUCATION CENTRE, KUTHIRAPPARA, KUNISSERY, PALAKKAD, PIN - 678 681.

¶6711

3 HEADMISTRESS, IDEAL PUBLIC SCHOOL, ROYAL JUNCTION, VADAKKENCHERRY, PALAKKAD - 678 683.

¶6712

4 PRINCIPAL, LITTLE MASTER ENGLISH MEDIUM SCHOOL, THRIKKALLOOR P.O., THACHAMPARA VIA, PALAKKAD, PIN - 678 593.

¶6713

5 MANAGER, ADAM ENGLISH SCHOOL, PARAVAZHI COMPOUND, ALANALLUR P.O., MANNARKKAD, PALAKKAD, PIN - 678 601.

¶6714

6 ADDL.R6 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R6 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶6715

BY ADV. SRI NIRMAL S. (B/O

¶6716

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6717

- 518 -

¶6718

W.A.No.173 of 2019 & connected cases

¶6719

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6720

PRESENT

¶6721

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6722

&

¶6723

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6724

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6725

WA.No.589 OF 2019

¶6726

AGAINST THE ORDER/JUDGMENT IN WP(C) 9037/2018(D) OF HIGH COURT OF KERALA

¶6727

APPELLANT/S:

¶6728

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶6729

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695014.

¶6730

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT - 670 001.

¶6731

4 THE DISTRICT EDUCATIONAL OFFICER, KANNUR - 670 001.

¶6732

5 THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR DISTRICT - 670 141.

¶6733

BY ADVS.

¶6734

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6735

RESPONDENT/S:

¶6736

THE MANAGER/PRESIDENT, MARY ANGEL ENGLISH MEDIUM SCHOOL, CHUDALA, PARIYARAM, KANNUR (RUN BY ADORATION SISTERS OF ST. JEROME MARIAPURAM, PARIYARAM, KANNUR DISTRICT).

¶6737

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6738

- 519 -

¶6739

W.A.No.173 of 2019 & connected cases

¶6740

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6741

PRESENT

¶6742

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6743

&

¶6744

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6745

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6746

WA.No.590 OF 2019

¶6747

AGAINST THE ORDER/JUDGMENT IN WP(C) 9499/2018(J) OF HIGH COURT OF KERALA

¶6748

APPELLANT/S:

¶6749

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶6750

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶6751

3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005.

¶6752

4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 005.

¶6753

5 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005.

¶6754

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6755

RESPONDENT/S:

¶6756

1 AMALA ENGLISH MEDIUM L.P. SCHOOL, REPRESENTED BY ITS PRINCIPAL, MITHRAKARY, ALAPPUZHA, KERALA - 689 595.

¶6757

- 520 -

¶6758

W.A.No.173 of 2019 & connected cases

¶6759

2 ADDL R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6760

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 590/2019.

¶6761

BY ADVS. SRI.JOSE ABRAHAM SRI.MANU SRINATH SRI. SANJAY R HEGDE, SR

¶6762

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6763

- 521 -

¶6764

W.A.No.173 of 2019 & connected cases

¶6765

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6766

PRESENT

¶6767

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6768

&

¶6769

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6770

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6771

WA.No.591 OF 2019

¶6772

AGAINST THE ORDER/JUDGMENT IN WP(C) 10196/2018(Y) OF HIGH COURT OF KERALA

¶6773

APPELLANT/S:

¶6774

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE II, THIRUVANANTHAPURAM-695001.

¶6775

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.

¶6776

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE-680003.

¶6777

4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506.

¶6778

5 THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506.

¶6779

BY ADVS.

¶6780

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6781

RESPONDENT/S:

¶6782

THE MANAGER, ISLAMIC ENGLISH SCHOOL, ORUMANAYUR, THRISSUR DISTRICT-680512.

¶6783

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6784

- 522 -

¶6785

W.A.No.173 of 2019 & connected cases

¶6786

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6787

PRESENT

¶6788

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6789

&

¶6790

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6791

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6792

WA.No.592 OF 2019

¶6793

AGAINST THE ORDER/JUDGMENT IN WP(C) 39248/2017(E) OF HIGH COURT OF KERALA

¶6794

APPELLANT/S:

¶6795

1 STATE OF KERALA

¶6796

REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695001.

¶6797

2 THE DIRECTOR OF PUBLIC INSTRUCIONS, GOVERNMENT OF KERALA THIRUVANANTHAPURAM-695001.

¶6798

3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682011, KERALA.

¶6799

4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682011, KERALA.

¶6800

5 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVUR, ERNAKULAM, KERALA-683513.

¶6801

BY ADVS.

¶6802

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL

¶6803

SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6804

RESPONDENT/S:

¶6805

1 ST.MARYS ENGLISH MEDIUM L.P.SCHOOL, REPRESENTED BY ITS HEAD MISTRESS, VALIYAPALLAMTHURUTHU, CHENDAMANGALAM P.O., NORTH PARVUR, ERNAKULAM, DISTRICT, KERALA-683512.

¶6806

- 523 -

¶6807

W.A.No.173 of 2019 & connected cases

¶6808

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6809

ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA NO.592/2019.

¶6810

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶6811

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6812

- 524 -

¶6813

W.A.No.173 of 2019 & connected cases

¶6814

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6815

PRESENT

¶6816

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6817

&

¶6818

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6819

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6820

WA.No.593 OF 2019

¶6821

AGAINST THE ORDER/JUDGMENT IN WP(C) 10421/2018(C) OF HIGH COURT OF KERALA

¶6822

APPELLANT/S:

¶6823

1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

¶6824

2 THE ASSISTANT EDUCATION OFFICER, PARAPPANAGADI.

¶6825

BY ADVS.

¶6826

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶6827

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6828

RESPONDENT/S:

¶6829

1 PRESENTATION ENGLISH MEDIUM SCHOOL, PARAPPANANGADI, REP. BY ITS MANAGER, ABDUL LATHEEF K, S/O. KAMMUKUTTY NAHA HAJI, THEKKEPPATT HOUSE, PARAPPANANGADI P.O, MALAPPURAM DISTRICT.

¶6830

2 ADDL. R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.593/2019.

¶6831

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6832

- 525 -

¶6833

W.A.No.173 of 2019 & connected cases

¶6834

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6835

PRESENT

¶6836

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6837

&

¶6838

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6839

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6840

WA.No.594 OF 2019

¶6841

AGAINST THE ORDER/JUDGMENT IN WP(C) 9691/2018(J) OF HIGH COURT OF KERALA

¶6842

APPELLANT/S:

¶6843

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.

¶6844

2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.

¶6845

3 DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-689 517.

¶6846

4 ASSISTANT EDUCATIONAL OFFICER KOLENCHERRY-682 311.

¶6847

BY ADVS.

¶6848

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6849

RESPONDENT/S:

¶6850

1 SAJEEV.V.K., MANAGER, S.N.D.P HIGHER SECONDARY SCHOOL, CHENNEERKARA, PATHANAMTHITTA DISTRICT-689 517.

¶6851

- 526 -

¶6852

W.A.No.173 of 2019 & connected cases

¶6853

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.594/2019.

¶6854

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6855

- 527 -

¶6856

W.A.No.173 of 2019 & connected cases

¶6857

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6858

PRESENT

¶6859

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6860

&

¶6861

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6862

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6863

WA.No.595 OF 2019

¶6864

AGAINST THE ORDER/JUDGMENT IN WP(C) 11731/2018(N) OF HIGH COURT OF KERALA

¶6865

APPELLANT/S:

¶6866

DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, KAKKANAD, ERNAKULAM-682 036

¶6867

BY ADVS.

¶6868

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6869

RESPONDENT/S:

¶6870

1 SREE NARAYANA VIDYANIKETHAN PUBLIC SCHOOL (CBSE), HOUSE NO VI/342A,PINDIMANA P.O.MUTHAMKUZHI, KOTHAMANGALAM, ERNAKULAM-686 692, REPRESENTED BY ITS MANAGER M.K.MANI, AGED 65 YEARS, MURITHOTTAHIL(H), NELLIKUZHY P.O.PIN 686 591, KOTHAMANGALAM, ERNAKULAM

¶6871

2 REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS), REGIONAL CENTRE,KSHB BUILDING, PANAMPILLAY NAGAR, KOCHI-682 036

¶6872

3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6873

ADDL.R3- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/2019 IN WA NO.595/2019

¶6874

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6875

- 528 -

¶6876

W.A.No.173 of 2019 & connected cases

¶6877

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6878

PRESENT

¶6879

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6880

&

¶6881

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6882

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6883

WA.No.596 OF 2019

¶6884

AGAINST THE ORDER/JUDGMENT IN WP(C) 40001/2017(A) OF HIGH COURT OF KERALA

¶6885

APPELLANT/S:

¶6886

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶6887

2 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE - 673 001.

¶6888

3 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KOZHIKODE-673 570

¶6889

BY ADVS.

¶6890

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6891

RESPONDENT/S:

¶6892

1 THE MANAGER, THARBIYATHUL ISLAM ENGLISH MEDIUM SCHOOL, PARAMBIL BAZAR, PARAMBIL P.O., MARIKUNNU VIA, KOZHIKODE-673 012

¶6893

2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6894

ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA NO. 596/2019

¶6895

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6896

- 529 -

¶6897

W.A.No.173 of 2019 & connected cases

¶6898

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6899

PRESENT

¶6900

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6901

&

¶6902

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6903

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6904

WA.No.597 OF 2019

¶6905

AGAINST THE ORDER/JUDGMENT IN WP(C) 24044/2017(E) OF HIGH COURT OF KERALA

¶6906

APPELLANT/S:

¶6907

1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶6908

2 THE DCIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶6909

3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.

¶6910

4 THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD-678101.

¶6911

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6912

RESPONDENT/S:

¶6913

1 THE MANAGER, MANNAM MEMORIAL ENGLISH MEDIUM SCHOOL, KUNISSERY, ALATHUR TALUK, PALAKKAD-DISTRICT-678101.

¶6914

- 530 -

¶6915

W.A.No.173 of 2019 & connected cases

¶6916

2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.597/2019.

¶6917

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6918

- 531 -

¶6919

W.A.No.173 of 2019 & connected cases

¶6920

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6921

PRESENT

¶6922

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6923

&

¶6924

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6925

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6926

WA.No.598 OF 2019

¶6927

AGAINST THE ORDER/JUDGMENT IN WP(C) 24919/2017(L) OF HIGH COURT OF KERALA

¶6928

APPELLANT/S:

¶6929

1 THE STATE OF KERALA

¶6930

REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT,

¶6931

SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶6932

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.

¶6933

3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT

¶6934

4 THE ASSISTANT EDUCATIONAL OFFICER

¶6935

EDUCATIONAL SUB DISTRICT, KOOTHUPARAMB, KANNUR DISTRICT-670 643.

¶6936

BY ADVS.

¶6937

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6938

RESPONDENT/S:

¶6939

1 K.GOVINDAN, AGED 78 YEARS, S/O. KANNAN, MANAGER, DESABANDHU ENGLISH MEDIUM SCHOOL, MANGATTIDAM,

¶6940

RESIDING AT KUMMAKAROTH HOUSE, P.O. MANGATTIDOM, KANNUR DISTRICT, PIN-670 643.

¶6941

- 532 -

¶6942

W.A.No.173 of 2019 & connected cases

¶6943

2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶6944

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.598/2019.

¶6945

BY ADVS.

¶6946

SRI.GEORGE MATHEWS SRI.P.BHARATHAN

¶6947

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6948

- 533 -

¶6949

W.A.No.173 of 2019 & connected cases

¶6950

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6951

PRESENT

¶6952

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6953

&

¶6954

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6955

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6956

WA.No.599 OF 2019

¶6957

AGAINST THE ORDER/JUDGMENT IN WP(C) 23062/2017(G) OF HIGH COURT OF KERALA

¶6958

APPELLANT/S:

¶6959

1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶6960

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM 695 014.

¶6961

3 DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT, KOCHI 683 101.

¶6962

4 DISTRICT EDUCATIONAL OFFICER, ALUVA, ALUVA P.O., ERNAKULAM 683 101.

¶6963

5 THE ASSISTANT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT 683 101.

¶6964

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6965

RESPONDENT/S:

¶6966

1 DARUSALAM HIGH SCHOOL, CHALAKKAL, MARAMPALLY P.O., ALUVA, ERNAKULAM DISTRICT, 683 105, REPRESENTED BY ITS MANAGER, A.M. BAVA, S/O. MOIDEENKUTTY.

¶6967

- 534 -

¶6968

W.A.No.173 of 2019 & connected cases

¶6969

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.599/2019.

¶6970

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6971

- 535 -

¶6972

W.A.No.173 of 2019 & connected cases

¶6973

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶6974

PRESENT

¶6975

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶6976

&

¶6977

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6978

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶6979

WA.No.600 OF 2019

¶6980

AGAINST THE ORDER/JUDGMENT IN WP(C) 8242/2018(E) OF HIGH COURT OF KERALA

¶6981

APPELLANT/S:

¶6982

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶6983

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶6984

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA,

¶6985

4 THE DEPUTY DIRECTOR OF EDUCATION , KOTTAYAM-695001, KERALA,

¶6986

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686001.

¶6987

BY ADVS.

¶6988

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶6989

RESPONDENT/S:

¶6990

1 PARIPALANA L.P.SCHOOL REPRESENTED BY ITS HEADMISTRESS, NJALIAKUZHY, VAKATHANAM, KOTTAYAM, KERALA-686538.

¶6991

- 536 -

¶6992

W.A.No.173 of 2019 & connected cases

¶6993

2 ADDLR2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶6994

ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 600/2019.

¶6995

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶6996

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶6997

- 537 -

¶6998

W.A.No.173 of 2019 & connected cases

¶6999

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7000

PRESENT

¶7001

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7002

&

¶7003

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7004

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7005

WA.No.601 OF 2019

¶7006

AGAINST THE ORDER/JUDGMENT IN WP(C) 9185/2018(W) OF HIGH COURT OF KERALA

¶7007

APPELLANT/S:

¶7008

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶7009

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶7010

3 THE DEPUTY EDUCATIONAL OFFICER, KOTTAYAM-686 001.

¶7011

4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686 001.

¶7012

5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686 001.

¶7013

BY ADVS.

¶7014

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7015

RESPONDENT/S:

¶7016

1 DEVI VILASAM PUBLIC SCHOOL, KUMARANELLOOR P.O.KOTTAYAM, REPRESENTED BY ITS MANAGER.

¶7017

- 538 -

¶7018

W.A.No.173 of 2019 & connected cases

¶7019

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶7020

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7021

- 539 -

¶7022

W.A.No.173 of 2019 & connected cases

¶7023

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7024

PRESENT

¶7025

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7026

&

¶7027

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7028

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7029

WA.No.602 OF 2019

¶7030

AGAINST THE ORDER/JUDGMENT IN WP(C) 22785/2017(W) OF HIGH COURT OF KERALA

¶7031

APPELLANT/S:

¶7032

1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶7033

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶7034

3 THE DISTRICT EDUCATION OFFICER PALA, KOTTAYAM-686 001.

¶7035

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7036

RESPONDENT/S:

¶7037

1 ST.GEORGE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, MANNARKUNNU, SREEKANDAMANGALAM P.O., ATHIRAMPUZHA, KOTTAYAM, KERALA-686 562. RUN BY ST. GEORGE EDUCATION AND CHARITABLE TRUST.

¶7038

- 540 -

¶7039

W.A.No.173 of 2019 & connected cases

¶7040

2 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092.

¶7041

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7042

- 541 -

¶7043

W.A.No.173 of 2019 & connected cases

¶7044

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7045

PRESENT

¶7046

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7047

&

¶7048

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7049

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7050

WA.No.603 OF 2019

¶7051

AGAINST THE ORDER/JUDGMENT IN WP(C) 14065/2018(G) OF HIGH COURT OF KERALA

¶7052

APPELLANT/S:

¶7053

1 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE, PIN-673001.

¶7054

2 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.

¶7055

3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.

¶7056

4 DISTRICT COLLECTOR, KOZHIKODE, PIN-673001.

¶7057

5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.

¶7058

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7059

RESPONDENT/S:

¶7060

1 A.K.BALAGANGADHARAN, AGED 73 YEARS S/O. KANNAN NAIR, CHAIRMAN, BHAVANS BALAMANDIR, BHARATHIYA VIDHYA BHAVAN, KOZHIKODE KENDRA, CHALAPPURAM P.O,KOZHIKODE DISTRICT.

¶7061

- 542 -

¶7062

W.A.No.173 of 2019 & connected cases

¶7063

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7064

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/2019 IN WA 603/2019.

¶7065

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7066

- 543 -

¶7067

W.A.No.173 of 2019 & connected cases

¶7068

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7069

PRESENT

¶7070

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7071

&

¶7072

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7073

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7074

WA.No.604 OF 2019

¶7075

AGAINST THE ORDER/JUDGMENT IN WP(C) 18335/2017(N) OF HIGH COURT OF KERALA

¶7076

APPELLANT/S:

¶7077

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶7078

2 DIRECTOR OF PUBLIC INSRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7079

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD-671121.

¶7080

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BEKAL, KASARAGOD-673121.

¶7081

BY ADVS.

¶7082

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7083

RESPONDENT/S:

¶7084

1 MINHAJ PUBLIC SCHOOL, KUNIYA, PERIYA P.O, KASARGOD, KERALA, REPRESENTED BY ITS MANAGER, MUHAMMED AHAMED.

¶7085

2 MUHAMMED AHAMED, AGED 45 YEARS, S/O.B.K. MUHAMMED, B.K. FAMILY, KUNIYA, PERIYA P.O, KASARGOD DISTRICT.

¶7086

- 544 -

¶7087

W.A.No.173 of 2019 & connected cases

¶7088

3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092- ADDL.3RD RESPONDENT IS IMPLAEDED AS PER ORDER DATED 26.02.2019 IN I.A.NO.1/2019 IN W.A.NO.604/2019

¶7089

BY ADVS. SRI.BABU KARUKAPADATH SRI.K.M.FAISAL (KALAMASSERY) SRI.AVINASH P RAVEENDRAN SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR SMT.ARYA RAGHUNATH

¶7090

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7091

- 545 -

¶7092

W.A.No.173 of 2019 & connected cases

¶7093

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7094

PRESENT

¶7095

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7096

&

¶7097

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7098

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7099

WA.No.605 OF 2019

¶7100

AGAINST THE ORDER/JUDGMENT IN WP(C) 4809/2018(A) OF HIGH COURT OF KERALA

¶7101

APPELLANT/S:

¶7102

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶7103

2 THE DIRECTOR OF PUBLIC INSRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

¶7104

3 THE DISTRICT EDUCATIONAL OFFICER,THIRUVALLA, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101.

¶7105

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7106

RESPONDENT/S:

¶7107

1 ST. THOMAS MARTHOMA SCHOOL, SITUATED AT NIRANAM, P.O. NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689 629. REPRESENTED BY ITS MANAGER REV. FR. T. SAMUEL, AGED 64 YEARS, S/O LATE THOMAS. (RESIDING AT PARSONAGE, ST. THOMAS MARTHOMA CHURCH, NIRANAM P.O., NIRANAM CENTRAL, PATHANMATHITTA DISTRICT-689 629)

¶7108

- 546 -

¶7109

W.A.No.173 of 2019 & connected cases

¶7110

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶7111

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7112

- 547 -

¶7113

W.A.No.173 of 2019 & connected cases

¶7114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7115

PRESENT

¶7116

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7117

&

¶7118

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7119

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7120

WA.No.606 OF 2019

¶7121

AGAINST THE ORDER/JUDGMENT IN WP(C) 25490/2017(I) OF HIGH COURT OF KERALA

¶7122

APPELLANT/S:

¶7123

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶7124

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695 014.

¶7125

3 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE DISTRICT-670 001.

¶7126

4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE AEO, THAMARASSERY, KOZHIKODE DISTRICT-673 523.

¶7127

BY ADVS.

¶7128

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7129

RESPONDENT/S:

¶7130

1 THE MANAGER NUSRATH HIGHER SECONDARY SCHOOL, PARAPPANAPOYIL, THAMARASSERY, KOZHIKODE DISTRICT-673 573.

¶7131

- 548 -

¶7132

W.A.No.173 of 2019 & connected cases

¶7133

2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092..............

¶7134

(2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 1/2019).

¶7135

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7136

- 549 -

¶7137

W.A.No.173 of 2019 & connected cases

¶7138

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7139

PRESENT

¶7140

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7141

&

¶7142

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7143

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7144

WA.No.607 OF 2019

¶7145

AGAINST THE ORDER/JUDGMENT IN WP(C) 33055/2017(F) OF HIGH COURT OF KERALA

¶7146

APPELLANT/S:

¶7147

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶7148

2 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, THRIKKAKARA CIVIL STATION, KOCHI-682 030.

¶7149

3 THE ASSISTANT DISTRICT EDUCATIONAL OFFICER VYPIN, EDAVANAKAD (P.O), KOCHI-682 502.

¶7150

BY ADVS.

¶7151

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7152

RESPONDENT/S:

¶7153

1 K.S.BINOY, MANAGER, VIVEKANANDA PUBLIC SCHOOL, THEKKENMALIPURAM, AZHEEKAL (P.O), KOCHI-682 508

¶7154

2 ADDL.R2.SECRETARY(AFFILIATIN), CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7155

(IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER THE ORDER DATED 26/2/2019 IN I.A.NO.2/2019 IN W.A.607/2019.

¶7156

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7157

- 550 -

¶7158

W.A.No.173 of 2019 & connected cases

¶7159

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7160

PRESENT

¶7161

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7162

&

¶7163

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7164

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7165

WA.No.608 OF 2019

¶7166

AGAINST THE ORDER/JUDGMENT IN WP(C) 7761/2018(U) OF HIGH COURT OF KERALA

¶7167

APPELLANT/S:

¶7168

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶7169

2 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT - 685 584.

¶7170

3 THE ASSISTANT EDUCATIONAL OFFICER, ADIMALY. IDUKKI DISTRICT 685 561.

¶7171

BY ADVS.

¶7172

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7173

RESPONDENT/S:

¶7174

1 THE MANAGER, ST. MARYS L.P. SCHOOL, KONNATHADY P.O., PONMUDY, IDUKKI DISTRICT 685 563.

¶7175

2 ADDL.R2 SECRETARY, AFFILIATION, CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA-2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.

¶7176

ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 2/2019 IN WA 608/2019.

¶7177

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7178

- 551 -

¶7179

W.A.No.173 of 2019 & connected cases

¶7180

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7181

PRESENT

¶7182

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7183

&

¶7184

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7185

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7186

WA.No.609 OF 2019

¶7187

AGAINST THE ORDER/JUDGMENT IN WP(C) 23053/2017(F) OF HIGH COURT OF KERALA

¶7188

APPELLANT/S:

¶7189

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 039.

¶7190

2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.

¶7191

3 DISTRICT EDUCATIONAL OFFICER

¶7192

CIVIL STATION, KANNUR-670 002.

¶7193

4 DISTRICT EDUCATIONAL OFFICER CIVIL STATION, TALAIPARAMBA-670 141.

¶7194

5 DISTRICT EDUCATIONAL OFFICER CIVIL STATION, VADAKARA, KOZHIKODE DISTRICT-673 101.

¶7195

6 DISTRICT EDUCATIONAL OFFICER MINI CIVIL STATION, THALASSERY-670 101, KANNUR DISTRICT

¶7196

7 ASSISTANT EDUCATIONAL OFFICER ANNUR ROAD, PAYYANNUR, KANNUR DISTRICT, KERALA, PIN-670 307.

¶7197

- 552 -

¶7198

W.A.No.173 of 2019 & connected cases

¶7199

8 ASSISTANT EDUCATIONAL OFFICER IRITTY, KANNUR DISTRICT, KERALA, PIN-670 002.

¶7200

9 ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH, KANNUR DISTRICT, KERALA, PIN-670 002.

¶7201

10 ASSISTANT EDUCATIONAL OFFICER

¶7202

THALASSERY SOUTH, T.C.ROAD, THALASSERY,

¶7203

KANNUR DISTRICT, KERALA, PIN-670 002.

¶7204

11 ASSISTANT EDUCATIONAL OFFICER KOYILANDY P.O., KOYILANDY, KOZHIKODE DISTRICT, KERALA, PIN-673 305.

¶7205

12 ASSISTANT EDUCATIONAL OFFICER MADAYI, PAZHAYANGADI P.O. 670 303.

¶7206

13 ASSISTANT EDUCATIONAL OFFICER MATANNUR P.O., KANNUR DIST., KERALA, PIN-670 702.

¶7207

BY ADVS.

¶7208

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7209

RESPONDENT/S:

¶7210

1 MANAGER, PROGRESSIVE ENGLISH SCHOOL, KOODLI P.O., KANNUR DISTRICT, PIN-670 309.

¶7211

2 MANAGER,

¶7212

ALLAMA MUHAMMED IQBAL MEMORIAL ENGLISH SCHOOL, KOYAPPRA, KUNHIMANGALAM, KANNUR, PIN-670309.

¶7213

3 MANAGER

¶7214

BADARIYA ENGLISH MEDIUM SCHOOL, ETTIKULAM P.O., ETTIKULAM, RAMANTHALI,KANNUR DISTRICT, KERALA - 670 308.

¶7215

4 MANAGER

¶7216

UNIQUE ENGLISH NURSERY AND L.P.SCHOOL, MEETHALAPEEDIKA P.O., DHARMADAM, PIN-670101, THALASSERY, KANNUR

¶7217

5 MANAGER, LITTLE STAR ENGLISH SCHOOL, KAKKAYANGAD, NEAR VILLAGE OFFICER, KAKKAYANGAD P.O., PIN-670 673

¶7218

- 553 -

¶7219

W.A.No.173 of 2019 & connected cases

¶7220

6 MANAGER

¶7221

LITTLE LIONS ENGLISH MEDIUM SCHOOL, KAPPAD P.O., PIN-673 304, KOZHIKODE

¶7222

7 MANAGER CHOVVA ENGLISH MEDIUM L.P.SCHOOL, CHAVVA P.O., KANNUR DISTRICT, PIN-670 006.

¶7223

8 MANAGER

¶7224

LITTLE FLOWER ENLGISH MEDIUM SCHOOL, TALIPARAMBA P.O., PARIAYARAMM, KANNUR, PIN-670 502.

¶7225

9 MANAGER

¶7226

HAPPY KIDS ENGLISH MEDIUM SCHOOL, KUTTIKKOL, TALIPARAMBA, KANNUR, PIN-670 562.

¶7227

10 ADDL.R10. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R10 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶7228

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O

¶7229

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7230

- 554 -

¶7231

W.A.No.173 of 2019 & connected cases

¶7232

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7233

PRESENT

¶7234

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7235

&

¶7236

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7237

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7238

WA.No.610 OF 2019

¶7239

AGAINST THE ORDER/JUDGMENT IN WP(C) 34759/2017(T) OF HIGH COURT OF KERALA

¶7240

APPELLANT/S:

¶7241

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶7242

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001

¶7243

3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001.

¶7244

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7245

RESPONDENT/S:

¶7246

1 THE WELCARE ENGLISH SCHOOL, SITUATED AT CHOWALLOOR, KANDANASSERY POST, KARIYANOOR IN THRISSUR DISTRICT- 680 102, REPRESENTED BY ITS MANAGER MRS. RASHIDHA AJEEZ, W/O MR.ABDUL AJEEZ, RESIDING AT AMBALATHUVEETTIL, OPPOSITE A.L.P.SCHOOL, IRINGAPURAM P.O., PUTHENPALLI (VIA), THRISSUR DISTRICT-680 103.

¶7247

- 555 -

¶7248

W.A.No.173 of 2019 & connected cases

¶7249

2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019).

¶7250

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7251

- 556 -

¶7252

W.A.No.173 of 2019 & connected cases

¶7253

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7254

PRESENT

¶7255

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7256

&

¶7257

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7258

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7259

WA.No.611 OF 2019

¶7260

AGAINST THE ORDER/JUDGMENT IN WP(C) 2889/2018(I) OF HIGH COURT OF KERALA

¶7261

APPELLANT/S:

¶7262

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶7263

2 THE DISTRICT EDUCATIONAL OFFICER, THALIPARAMBA, PIN 670 141

¶7264

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

¶7265

BY ADVS.

¶7266

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7267

RESPONDENT/S:

¶7268

1 THE MANAGER, ENGLISH VALLEY PUBLIC SCHOOL, PEDAYANKODE, PERUMANNU, IRIKKUR (PO), KANNUR DISTRICT, PIN - 670 593.

¶7269

- 557 -

¶7270

W.A.No.173 of 2019 & connected cases

¶7271

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7272

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 611/2019.

¶7273

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7274

- 558 -

¶7275

W.A.No.173 of 2019 & connected cases

¶7276

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7277

PRESENT

¶7278

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7279

&

¶7280

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7281

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7282

WA.No.612 OF 2019

¶7283

AGAINST THE ORDER/JUDGMENT IN WP(C) 38024/2017(C) OF HIGH COURT OF KERALA

¶7284

APPELLANT/S:

¶7285

1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶7286

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001.

¶7287

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM 691 506.

¶7288

4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691 506.

¶7289

BY ADVS.

¶7290

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7291

RESPONDENT/S:

¶7292

1 ST.THOMAS ENGLISH MEDIUM SCHOOL, REP/BY ITS HEADMISTRESS,

¶7293

ELAMADU P.O.AYOOR, KOLLAM-PIN 691 533.

¶7294

- 559 -

¶7295

W.A.No.173 of 2019 & connected cases

¶7296

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.

¶7297

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶7298

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7299

- 560 -

¶7300

W.A.No.173 of 2019 & connected cases

¶7301

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7302

PRESENT

¶7303

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7304

&

¶7305

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7306

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7307

WA.No.613 OF 2019

¶7308

AGAINST THE ORDER/JUDGMENT IN WP(C) 30822/2017(C) OF HIGH COURT OF KERALA

¶7309

APPELLANT/S:

¶7310

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶7311

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7312

3 DEPUTY DIRECTOR OF EDUCATION, CHALAKUDY, THRISSUR-680307.

¶7313

4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506.

¶7314

5 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKKANCHERRY-680582.

¶7315

BY ADVS.

¶7316

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7317

RESPONDENT/S:

¶7318

1 MANAGER, ST.JOSEPH'S CMI LP SCHOOL, CHELAKKARA, PANGARAPPILY, THRISSUR-680586.

¶7319

- 561 -

¶7320

W.A.No.173 of 2019 & connected cases

¶7321

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶7322

BY ADV. SRI NIRMAL S. (B/O

¶7323

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7324

- 562 -

¶7325

W.A.No.173 of 2019 & connected cases

¶7326

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7327

PRESENT

¶7328

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7329

&

¶7330

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7331

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7332

WA.No.614 OF 2019

¶7333

AGAINST THE ORDER/JUDGMENT IN WP(C) 24738/2017(N) OF HIGH COURT OF KERALA

¶7334

APPELLANT/S:

¶7335

1 STATE , REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 029

¶7336

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

¶7337

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM.

¶7338

4 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM.

¶7339

5 THE ASSISTNAT EDUCATION OFFICER, KUNDARA.

¶7340

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7341

RESPONDENT/S:

¶7342

1 MANAGER, TOTS N TOYS, PUNNAMUKKU, KUNDARA P.O. KOLLAM 691 501.

¶7343

2 MANAGER, BISHOP JEROME ENGLISH MEDIUM SCHOOL, ERAVIPURAM P.O.KOLLAM-691 011.

¶7344

- 563 -

¶7345

W.A.No.173 of 2019 & connected cases

¶7346

3 ADDL.R3. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶7347

BY ADV. SRI NIRMAL S. (B/O

¶7348

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7349

- 564 -

¶7350

W.A.No.173 of 2019 & connected cases

¶7351

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7352

PRESENT

¶7353

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7354

&

¶7355

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7356

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7357

WA.No.615 OF 2019

¶7358

AGAINST THE ORDER/JUDGMENT IN WP(C) 7571/2018(V) OF HIGH COURT OF KERALA

¶7359

APPELLANT/S:

¶7360

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11, THIRUVANANTHAPURAM-695 001.

¶7361

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014.

¶7362

3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 014

¶7363

4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT

¶7364

5 THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA, THIRUVANANTHAPURAM DISTRICT

¶7365

BY ADVS.

¶7366

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7367

RESPONDENT/S:

¶7368

1 THE MANAGER/PROVINCIAL SUPERIOR, S.H. SAHRUDAYA ENGLISH MEDIUM SCHOOL, AMBOORI, (RUN BY CORPORATE EDUCATIONAL AGENCY OF SACRED HEARD CONGREGATION ST. MATHES PROVINCIAL HOUSE, PAREL, CHANGANACHERRY.

¶7369

- 565 -

¶7370

W.A.No.173 of 2019 & connected cases

¶7371

2 ADDL.R2 SECRETARY, AFFILIATION, CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092, IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER THE ORDER DATED 26/2/2019 IN I.A. NO. 2/19 IN W.A. NO. 615/2019

¶7372

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7373

- 566 -

¶7374

W.A.No.173 of 2019 & connected cases

¶7375

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7376

PRESENT

¶7377

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7378

&

¶7379

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7380

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7381

WA.No.616 OF 2019

¶7382

AGAINST THE ORDER/JUDGMENT IN WP(C) 10015/2018(B) OF HIGH COURT OF KERALA

¶7383

APPELLANT/S:

¶7384

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

¶7385

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 001.

¶7386

3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE 673 001.

¶7387

4 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE CITY, KOZHIKODE-673 001.

¶7388

BY ADVS.

¶7389

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7390

RESPONDENT/S:

¶7391

1 ISLAHIYA PREPARATORY ENGLISH SCHOOL PANNIYANKARA, NEELICHIRA ROAD, KALLAYI P.O.KOZHIKODE, REPRESENTED BY ITS SECRETARY, C.A.ABDUL NAZAR,PIN-673003.

¶7392

- 567 -

¶7393

W.A.No.173 of 2019 & connected cases

¶7394

2 (ADDL-R2) SECRETARY(AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN,SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092

¶7395

(ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA.2/2019 IN WA.616/2019)

¶7396

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7397

- 568 -

¶7398

W.A.No.173 of 2019 & connected cases

¶7399

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7400

PRESENT

¶7401

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7402

&

¶7403

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7404

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7405

WA.No.617 OF 2019

¶7406

AGAINST THE ORDER/JUDGMENT IN WP(C) 27048/2017(E) OF HIGH COURT OF KERALA

¶7407

APPELLANT/S:

¶7408

1 STATE OF KEALA, REP. BY ITS THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶7409

2 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT 673 502.

¶7410

3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KODUVALLY, KOZHIKODE DISTRICT 673 572

¶7411

BY ADVS.

¶7412

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7413

RESPONDENT/S:

¶7414

1 THE SERETARY, MURSHIDUL ANAM SANGAM, EAST KIZHAKOTH, P.O.KIZHAKOTH, KOZHIKODE DISTRICT-673 572.

¶7415

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)

¶7416

BY ADV. SRI NIRMAL S. (B/O

¶7417

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7418

- 569 -

¶7419

W.A.No.173 of 2019 & connected cases

¶7420

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7421

PRESENT

¶7422

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7423

&

¶7424

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7425

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7426

WA.No.618 OF 2019

¶7427

AGAINST THE ORDER/JUDGMENT IN WP(C) 12328/2018(M) OF HIGH COURT OF KERALA

¶7428

APPELLANT/S:

¶7429

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶7430

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶7431

3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695012.

¶7432

4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

¶7433

5 THE ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

¶7434

BY ADVS.

¶7435

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7436

RESPONDENT/S:

¶7437

1 THE MANAGER, ST. MARYS HIGH SCHOOL, MARIYAPYRAM, P.O. AMARAVILA, THIRUVANANTHAPURAM-695122.

¶7438

- 570 -

¶7439

W.A.No.173 of 2019 & connected cases

¶7440

2 ADDL.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2 COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110092.( ADDL R2 IMPLEADED AS PER PER ORDER DATED 26.02.2019 IN IA NO. 2/2019 IN W.A.NO 618/2019)

¶7441

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7442

- 571 -

¶7443

W.A.No.173 of 2019 & connected cases

¶7444

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7445

PRESENT

¶7446

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7447

&

¶7448

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7449

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7450

WA.No.619 OF 2019

¶7451

¶7452

APPELLANT/S:

¶7453

1 STATE OF KERALA,

¶7454

REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039

¶7455

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS , THIRUVANANTHAPURAM-695 001.

¶7456

3 THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683 101

¶7457

4 THE ASSISTANT EDUCATION OFFICER, ERNAKULAM0682 016.

¶7458

BY ADVS.

¶7459

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7460

RESPONDENT/S:

¶7461

1 MANAGER, PEACE INTERNATIONAL SCHOOL, THATHAPALLY, MANNAM P.O., NORTH PARAVUR, ERNAKULAM- 683 520.

¶7462

- 572 -

¶7463

W.A.No.173 of 2019 & connected cases

¶7464

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)

¶7465

BY ADV. SRI NIRMAL S. (B/O

¶7466

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7467

- 573 -

¶7468

W.A.No.173 of 2019 & connected cases

¶7469

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7470

PRESENT

¶7471

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7472

&

¶7473

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7474

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7475

WA.No.620 OF 2019

¶7476

AGAINST THE ORDER/JUDGMENT IN WP(C) 7750/2018(P) OF HIGH COURT OF KERALA

¶7477

APPELLANT/S:

¶7478

1 STATE OF KERALA,

¶7479

REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶7480

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM 695 101.

¶7481

3 THE DISTRICT OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM DISTRICT 695 101.

¶7482

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY P.O, KALLUASSERY, KANNUR DISTRICT 670 014.

¶7483

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNUR DISTRICT 670 014.

¶7484

6 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BEKKAL P.O, BEKKAL, KASARAGOD DISTRICT 671 318.

¶7485

BY ADVS.

¶7486

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7487

- 574 -

¶7488

W.A.No.173 of 2019 & connected cases

¶7489

RESPONDENT/S:

¶7490

1 AL FAJER PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER MR.AM SHAKIR, AGED 60 YEARS, S/O. LATE ABDUL HAMID, PERUMATHARA, THIRUVANANTHAPURAM DISTRICT 695 303 (RESIDING AT KUNNUVILAKOM HOUSE, PERUMATHARA, THIRUVANANTHAPURAM DISTRICT 695 303)

¶7491

2 HIRA ENGLISH SCHOOL, REPRESENTED BY ITS MANAGER MR. MOHAMED RAZIK K, HIRA CENTRE P.O, CHELAD, KANNUR DISTRICT 670 014 (RESIDING AT HIRA MAHAL, CHELAD, KANNUR DISTRICT 670 014.)

¶7492

3 KAOSER MODEL ENGLISH SCHOOL, REPRESENTED BY ITS MANAGEER, MR. AMEERUDEEN P.P, AGED 64 YEARS, S/O. HASSAN KUNHI, NALUVAYAL, KANNUR DISTRICT 670 003( RESIDING AT FARESAS, C.H.M NAGAR, P.O THAYYIL, KANNUR DISTRICT 670 003.

¶7493

4 BEKAL INTERNATIONAL SCHOOL, REPRESENTED BY ITS MANAGER MR. P.A MOIDU, AGED 65 YEARS, S/O. AHAMED, PAKKAM P.O, VELUTHOLI, PALLIKERE-PERIYA ROAD, KASARAGOD DISTRICT 671 316. RESIDING AT, BLOSSOM, PALLIPPUZHA, P.O BEKAL, KASARAGOD DISTRICT 671 316.

¶7494

5 ADDL.R5-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110092.( ADDL R5 IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA NO. 2/2019 IN W.A.NO. 620/2019)

¶7495

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7496

- 575 -

¶7497

W.A.No.173 of 2019 & connected cases

¶7498

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7499

PRESENT

¶7500

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7501

&

¶7502

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7503

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7504

WA.No.621 OF 2019

¶7505

AGAINST THE ORDER/JUDGMENT IN WP(C) 18028/2017(C) OF HIGH COURT OF KERALA

¶7506

APPELLANT/S:

¶7507

1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.

¶7508

2 THE DISTRICT EDUCATIONAL OFFICER KASARAGOD, KASARAGOD DISTRICT-671121.

¶7509

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD -671121.

¶7510

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7511

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7512

BY ADVS.

¶7513

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7514

RESPONDENT/S:

¶7515

1 IBRAHIM PERUMBALA, S/O.ABDULLA, PRESIDENT, KEEZHAR JUMA MASJID COMMITTEE, UNIVERSAL ENGLISH MEDIUM SCHOOL, ULLIYATHADUKKA SHERIBAGILU (P.O.), KASARAGOD DISTRICT-671124.

¶7516

- 576 -

¶7517

W.A.No.173 of 2019 & connected cases

¶7518

2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN I.A.NO.2/2019 IN WA.621/2019.)

¶7519

BY ADV. SRI.M.SASINDRAN

¶7520

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7521

- 577 -

¶7522

W.A.No.173 of 2019 & connected cases

¶7523

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7524

PRESENT

¶7525

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7526

&

¶7527

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7528

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7529

WA.No.622 OF 2019

¶7530

AGAINST THE ORDER/JUDGMENT IN WP(C) 7186/2018(W) OF HIGH COURT OF KERALA

¶7531

APPELLANT/S:

¶7532

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.

¶7533

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.

¶7534

3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICER, KOLLAM-691001.

¶7535

4 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM-691583.

¶7536

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7537

RESPONDENT/S:

¶7538

1 THE MANAGER, AL-AMEEN PUBLIC SCHOOL, MUKUNDAPURAM, KOTTUKAD, CHAVARA-691585, KOLLAM DISTRICT.

¶7539

- 578 -

¶7540

W.A.No.173 of 2019 & connected cases

¶7541

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO. 1/2019 IN W.A NO 622/2019)

¶7542

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7543

- 579 -

¶7544

W.A.No.173 of 2019 & connected cases

¶7545

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7546

PRESENT

¶7547

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7548

&

¶7549

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7550

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7551

WA.No.623 OF 2019

¶7552

AGAINST THE ORDER/JUDGMENT IN WP(C) 34907/2017(K) OF HIGH COURT OF KERALA

¶7553

APPELLANT/S:

¶7554

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7555

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶7556

3 THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM-691506.

¶7557

4 THE ASSISTANT EDUCATIONAL OFFICER, VELIYAM, KOLLAM-691540.

¶7558

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7559

RESPONDENT/S:

¶7560

1 ST.MARYS, BETHANY ENGLISH MEDIUM SCHOOL, REPRESENTED THROUGH ITS MANAGER, MOTHER PROVINCIAL BETHANY SISTERS PROVINCIALATE, P.O. NALANCHIRA, THIRUVANANTHAPURAM-695015.

¶7561

- 580 -

¶7562

W.A.No.173 of 2019 & connected cases

¶7563

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 623/2019)

¶7564

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶7565

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7566

- 581 -

¶7567

W.A.No.173 of 2019 & connected cases

¶7568

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7569

PRESENT

¶7570

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7571

&

¶7572

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7573

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7574

WA.No.624 OF 2019

¶7575

AGAINST THE ORDER/JUDGMENT IN WP(C) 18129/2017(M) OF HIGH COURT OF KERALA

¶7576

APPELLANT/S:

¶7577

1 THE ASSISTANT EDUCATIONAL OFFICER HOSDURG, KASARAGOD DISTRICT-671121.

¶7578

2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.

¶7579

3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.

¶7580

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7581

5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7582

BY ADVS.

¶7583

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7584

RESPONDENT/S:

¶7585

1 K.G.PRABHAKARAN SECRETARY, SREENARAYANA EDUCATION SOCIETY AND MANAGER, SREE NARAYANA EDNGLISH MEDIUM SCHOOL P.O, KANHANGAD SOUTH, KASARAGOD DISTRICT-671531.

¶7586

- 582 -

¶7587

W.A.No.173 of 2019 & connected cases

¶7588

2 ADDL. R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶7589

ADL. R2 IMPLEADED AS PER ORDER DTD.26.02.2019 IN IA.1/2019 IN WA.624/2019.

¶7590

BY ADV. SRI.S.NIRMAL

¶7591

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7592

- 583 -

¶7593

W.A.No.173 of 2019 & connected cases

¶7594

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7595

PRESENT

¶7596

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7597

&

¶7598

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7599

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7600

WA.No.625 OF 2019

¶7601

AGAINST THE ORDER/JUDGMENT IN WP(C) 17565/2016(U) OF HIGH COURT OF KERALA

¶7602

APPELLANT/S:

¶7603

1 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-PIN-695001.

¶7604

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.

¶7605

BY ADVS.

¶7606

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7607

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7608

RESPONDENT/S:

¶7609

1 T.T.MAMMED KOYA S/O. ASSAN, CRESCENT HOUSE, VENGALAM P.O, KOZHIKODE DISTRICT, PIN-673303.

¶7610

2 THE MANAGER, TRINITY PUBLIC SCHOOL, ELATHUR P.O, KOZHIKODE DISTRICT-673 303

¶7611

3 THE MANAGER, JAYCEE MONTESSORI ENGLISH MEDIUM SCHOOL, BEACH ROAD, KOYILANDY, KOZHIKODE DISTRICT-673 305

¶7612

4 THE MANAGER, PROMISE INTERNATIONAL SCHOOL, ATHOLI P.O, KOZHIKODE DISTRICT-673 315.

¶7613

- 584 -

¶7614

W.A.No.173 of 2019 & connected cases

¶7615

5 THE MANAGER, MES CENTRAL SCHOOL, PAVANGAD, PUTHIYANGADI P.O, KOZHIKODE DISTRICT-673 021

¶7616

6 THE MANAGER, MARKEZ PUBLIC SCHOOL, ELATHUR P.O, KOZHIKODE DISTRICT-673 303

¶7617

7 THE MANAGER, MARKAZ PUBLIC SCHOOL, THUVVAKODE P.O, POOKKAD, KOZHIKODE DISTRICT-673 304

¶7618

8 THE MANAGER, INFANT DALE PUBLIC SCHOOL, THIRUVANGOOR P.O, KAPPAD ROAD, KOZHIKODE DISTRICT673 318

¶7619

9 THE MANAGER, IRSHAD CENTRAL SCHOOL, METHAKANDY P.O, KOZHIKODE DISTRICT-673 305

¶7620

10 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, KOCHI-682020.

¶7621

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7622

- 585 -

¶7623

W.A.No.173 of 2019 & connected cases

¶7624

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7625

PRESENT

¶7626

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7627

&

¶7628

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7629

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7630

WA.No.626 OF 2019

¶7631

AGAINST THE ORDER/JUDGMENT IN WP(C) 7504/2018(K) OF HIGH COURT OF KERALA

¶7632

APPELLANT/S:

¶7633

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶7634

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695006.

¶7635

3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676505.

¶7636

4 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676303.

¶7637

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7638

RESPONDENT/S:

¶7639

1 USHA N., KARALI ENGLISH MEDIUM SCHOOL KOTTAPADY, VALLIKUNNU NORTH, MALAPPURAM DISTRICT-673314.

¶7640

- 586 -

¶7641

W.A.No.173 of 2019 & connected cases

¶7642

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN,SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA.NO.01/2019)

¶7643

BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

¶7644

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7645

- 587 -

¶7646

W.A.No.173 of 2019 & connected cases

¶7647

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7648

PRESENT

¶7649

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7650

&

¶7651

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7652

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7653

WA.No.627 OF 2019

¶7654

AGAINST THE ORDER/JUDGMENT IN WP(C) 10419/2018(B) OF HIGH COURT OF KERALA

¶7655

APPELLANT/S:

¶7656

1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7657

2 DEPUTY DIRECTOR OF EDUCATION, IDUKKI-686514.

¶7658

3 ASSISTANT EDUCATIONAL OFFICER, IDUKKI-686514.

¶7659

BY ADVS.

¶7660

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7661

SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7662

RESPONDENT/S:

¶7663

1 ST. GEORGE E.M. L.P. SCHOOL, VALACODU, IDUKKI, REPRESENTED BY ITS MANAGER, FR.ITTY MATHEW, S/O MATHEW, AGED 58 YEARS.

¶7664

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 627/2019)

¶7665

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7666

- 588 -

¶7667

W.A.No.173 of 2019 & connected cases

¶7668

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7669

PRESENT

¶7670

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7671

&

¶7672

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7673

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7674

WA.No.628 OF 2019

¶7675

AGAINST THE ORDER/JUDGMENT IN WP(C) 27896/2017(J) OF HIGH COURT OF KERALA

¶7676

APPELLANT/S:

¶7677

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7678

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7679

3 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.

¶7680

4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR-673017.

¶7681

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7682

RESPONDENT/S:

¶7683

1 THE MANAGER, IQRAH PUBLIC SCHOOL, PUTHIYANIRATH, ELATHUR P.O., CALICUT-673303.

¶7684

- 589 -

¶7685

W.A.No.173 of 2019 & connected cases

¶7686

2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 628/2019)

¶7687

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7688

- 590 -

¶7689

W.A.No.173 of 2019 & connected cases

¶7690

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7691

PRESENT

¶7692

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7693

&

¶7694

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7695

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7696

WA.No.629 OF 2019

¶7697

AGAINST THE ORDER/JUDGMENT IN WP(C) 9495/2018(J) OF HIGH COURT OF KERALA

¶7698

APPELLANT/S:

¶7699

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

¶7700

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM 695 001.

¶7701

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM 695 001.

¶7702

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM 695 001.

¶7703

5 THE ASSISTANT EDUCATIONAL OFFICER, ATTINAGAL, THIRUVANANTHAPURAM , KERALA, POSTAL CODE 695 103.

¶7704

BY ADVS.

¶7705

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7706

RESPONDENT/S:

¶7707

1 CHRIST NAGAR PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, VALAKKAD, ATTINGAL, THIRUVANANTHAPURAM, KERALA POSTAL CODE 695 103.

¶7708

- 591 -

¶7709

W.A.No.173 of 2019 & connected cases

¶7710

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 301.

¶7711

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶7712

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7713

- 592 -

¶7714

W.A.No.173 of 2019 & connected cases

¶7715

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7716

PRESENT

¶7717

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7718

&

¶7719

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7720

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7721

WA.No.630 OF 2019

¶7722

AGAINST THE ORDER/JUDGMENT IN WP(C) 18595/2017(Y) OF HIGH COURT OF KERALA

¶7723

APPELLANT/S:

¶7724

1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶7725

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURM 695 001.

¶7726

3 DISTRICT EDUCATIONAL OFFICER, KOLLAM 691 013.

¶7727

4 ASSISTANT EDUCATIONAL OFFICER, KUNDARA, PIN 691 501, KOZHIKODE DISTRICT.

¶7728

5 ASSISTANT EDUCATIONAL OFFICER, SASTHAMCOTTA PIN 690 521.

¶7729

6 ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR PIN 691 572.

¶7730

7 ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY 690 523.

¶7731

8 ASSISTANT EDUCATIONAL OFFICER, KOLLAM 691 001.

¶7732

BY ADVS.

¶7733

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7734

- 593 -

¶7735

W.A.No.173 of 2019 & connected cases

¶7736

RESPONDENT/S:

¶7737

1 MANAGER, HAPPY HOME ENGLISH MEDIUM SCHOOL, ERAVIPURAM, KOLLAM PIN 691 011.

¶7738

2 MANAGER, CHACHAJI PUBLIC SCHOOL, EDAKKULANGARA P.O, KARUNAGAPPALLY, KOLLAM, KERALA PIN 690 523.

¶7739

3 MANAGER, VIDYATHI RAJA ENGLISH MEDIUM L.P SCHOOL, AYIKUNNAM, SASTHAMCOTTA P.O, KOLLAM PIN 690 521.

¶7740

4 MANAGER, SREE VIDYADHI RAJA PUBLIC SCHOOL, ANCHALUMMOOD, PERINAD P.O, KOLLAM,

¶7741

5 MANAGER, HAPPY HOME L.P SCHOOL, AYATHIL, KOLLAM, PIN 691 017.

¶7742

6 MANAGER, INFANT JESUS SCHOOL, VELLIMON P.O, KUNDARA, KOLLAM, PIN 691 511.

¶7743

7 MANAGER, LITTLE ROSE PUBLIC SCHOOL, THAZHAM WEST, CHANTHANNOOR P.O, KOLLAM, PIN 691 572.

¶7744

8 MANAGER, CHINMAYA ENGLISH MEDIUM SCHOOL, KOTTAPPURAM, PARAVOOR P.O, KOLLAM PIN 691 301.

¶7745

9 MANAGER, MAGREGORIOUS ENGLISH MEDIUM SCHOOL, PORUVAZHY, SASHTAMCOTTA P.O, KOLLAM.

¶7746

10 MANAGER, ST.MARYS ENGLISH MEDIUM SCHOOL, MANAPALLY NORTH P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 574.

¶7747

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶7748

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7749

- 594 -

¶7750

W.A.No.173 of 2019 & connected cases

¶7751

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7752

PRESENT

¶7753

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7754

&

¶7755

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7756

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7757

WA.No.631 OF 2019

¶7758

AGAINST THE ORDER/JUDGMENT IN WP(C) 10846/2018(E) OF HIGH COURT OF KERALA

¶7759

APPELLANT/S:

¶7760

1 STATEOF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7761

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695001.

¶7762

3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM-695001.

¶7763

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PALODE, PACHA P.O., THIRUVANANTHAPURAM-695001.

¶7764

BY ADVS.

¶7765

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7766

RESPONDENT/S:

¶7767

1 AL RIFA PUBLIC SCHOOL, THOLIKKODE NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER HAJI A. ABDUL RAHUMAN, S/O ABDUL RAZACK NOYAN MANZIL AYATHIL KOLLAM – 695541.

¶7768

- 595 -

¶7769

W.A.No.173 of 2019 & connected cases

¶7770

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7771

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 3/19 IN WA 631/2019. .

¶7772

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7773

- 596 -

¶7774

W.A.No.173 of 2019 & connected cases

¶7775

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7776

PRESENT

¶7777

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7778

&

¶7779

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7780

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7781

WA.No.632 OF 2019

¶7782

AGAINST THE ORDER/JUDGMENT IN WP(C) 18429/2017(C) OF HIGH COURT OF KERALA

¶7783

APPELLANT/S:

¶7784

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶7785

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, COLLECTORATE, THIRUVANANTHAPURAM-695001.

¶7786

3 DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, KASARAGOD-671316.

¶7787

4 THE ASSISTANT EDUCATIONAL OFFICER, BEKAL, KASARAGOD - 671316.

¶7788

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7789

RESPONDENT/S:

¶7790

1 DR. AMBEDKAR MEMORIAL EDUCATION TRUST, REPRESENTED BY MANAGER, PERIYA, KASARAGOD DISTRICT-671316.

¶7791

- 597 -

¶7792

W.A.No.173 of 2019 & connected cases

¶7793

2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7794

ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 632/2019.

¶7795

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7796

- 598 -

¶7797

W.A.No.173 of 2019 & connected cases

¶7798

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7799

PRESENT

¶7800

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7801

&

¶7802

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7803

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7804

WA.No.633 OF 2019

¶7805

AGAINST THE ORDER/JUDGMENT IN WP(C) 9117/2018(L) OF HIGH COURT OF KERALA

¶7806

APPELLANT/S:

¶7807

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶7808

2 THE DIRECTOR OF PUBLIC INSTRUCTION GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695001.

¶7809

3 THE DISTRICT EDUCATIONAL OFFICER

¶7810

KOTTAYAM - 686 001.

¶7811

4 THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM - 686 001.

¶7812

5 THE ASSISTANT EDUCATION OFFICER KOTTAYAM - 686 001.

¶7813

BY ADVS.

¶7814

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7815

RESPONDENT/S:

¶7816

1 ST.KURIAKOSE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MONIPALLY, KOTTAYAM, KERALA - 686 636.

¶7817

- 599 -

¶7818

W.A.No.173 of 2019 & connected cases

¶7819

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301

¶7820

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶7821

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7822

- 600 -

¶7823

W.A.No.173 of 2019 & connected cases

¶7824

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7825

PRESENT

¶7826

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7827

&

¶7828

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7829

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7830

WA.No.634 OF 2019

¶7831

AGAINST THE ORDER/JUDGMENT IN WP(C) 34018/2017(B) OF HIGH COURT OF KERALA

¶7832

APPELLANT/S:

¶7833

1 STATE OF KERALA

¶7834

REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695039.

¶7835

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695001

¶7836

3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, PALAKKAD-678 001.

¶7837

4 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680001

¶7838

5 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PALACE ROAD, THRISSUR-680020.

¶7839

6 THE ASSISTANT EDUCATIONAL OFFICER ALATHUR, PALAKKAD DISTRICT, PIN-678 541.

¶7840

7 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NEAR GOVERNMENT MODEL GIRLS SCHOOL, THRISSUR - 680001.

¶7841

BY ADVS.

¶7842

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7843

- 601 -

¶7844

W.A.No.173 of 2019 & connected cases

¶7845

RESPONDENT/S:

¶7846

1 THE MANAGER PROMISE ENGLISH MEDIUM SCHOOL, ANCHUMURI, P. O., PUTHUCODE, PALAKKAD DISTRICT, PIN - 678687.

¶7847

2 THE PRINCIPAL R.K. ENGLISH MEDIUM SCHOOL, NELLIYAMPADAM ROAD, VARUKUNNU, KANNAMBRA P.O., PALAKKAD DISTRICT, PIN-678 686.

¶7848

3 THE MANAGER GREEN VALLEY PUBLIC SCHOOL, KEEZHA PUTHUCODE, PALAKKAD DISTRICT, PIN-678 687

¶7849

4 CLARE JYOTHI L.P. SCHOOL P.O.KANNARA, THRISSUR DISTRICT, PIN-680 652, REPRESENTED BY ITS TEACHER-IN-CHARGESMT. SANI THOMAS.

¶7850

5 ADDL.R5 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R5 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶7851

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE SRI.T.K.NAVAS SRI NIRMAL S. (B/O

¶7852

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7853

- 602 -

¶7854

W.A.No.173 of 2019 & connected cases

¶7855

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7856

PRESENT

¶7857

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7858

&

¶7859

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7860

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7861

WA.No.635 OF 2019

¶7862

AGAINST THE ORDER/JUDGMENT IN WP(C) 22643/2017(E) OF HIGH COURT OF KERALA

¶7863

APPELLANT/S:

¶7864

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶7865

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.

¶7866

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR 670 001.

¶7867

4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MADAYI, PAYAYANGADI 670 303.

¶7868

BY ADVS.

¶7869

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER

¶7870

RESPONDENT/S:

¶7871

1 MANAGER, PEACE PUBLIC SCHOOL, EZHOME, PULLANJIDA P.O., PAYAYANGADI, KANNUR 670 303.

¶7872

- 603 -

¶7873

W.A.No.173 of 2019 & connected cases

¶7874

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)

¶7875

BY ADV. SRI NIRMAL S. (B/O

¶7876

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7877

- 604 -

¶7878

W.A.No.173 of 2019 & connected cases

¶7879

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7880

PRESENT

¶7881

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7882

&

¶7883

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7884

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7885

WA.No.636 OF 2019

¶7886

AGAINST THE ORDER/JUDGMENT IN WP(C) 39417/2017(B) OF HIGH COURT OF KERALA

¶7887

APPELLANT/S:

¶7888

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶7889

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶7890

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DIST., PIN-680506.

¶7891

BY ADVS.

¶7892

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7893

RESPONDENT/S:

¶7894

1 MANAGER, SANJOS PUBLIC SCHOOL, ST.JOSEPH PARISH SHRINE, PAVARATTY, THRISSUR-680507.

¶7895

- 605 -

¶7896

W.A.No.173 of 2019 & connected cases

¶7897

2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶7898

BY ADV. SRI NIRMAL S. (B/O

¶7899

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7900

- 606 -

¶7901

W.A.No.173 of 2019 & connected cases

¶7902

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7903

PRESENT

¶7904

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7905

&

¶7906

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7907

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7908

WA.No.637 OF 2019

¶7909

AGAINST THE ORDER/JUDGMENT IN WP(C) 10690/2018(I) OF HIGH COURT OF KERALA

¶7910

APPELLANT/S:

¶7911

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶7912

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶7913

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691009.

¶7914

4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691009.

¶7915

5 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM-691009.

¶7916

BY ADVS.

¶7917

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7918

RESPONDENT/S:

¶7919

GEOMOUNT PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, VENCHEMPU, KOLLAM, KERALA-691333.

¶7920

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶7921

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7922

- 607 -

¶7923

W.A.No.173 of 2019 & connected cases

¶7924

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7925

PRESENT

¶7926

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7927

&

¶7928

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7929

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7930

WA.No.638 OF 2019

¶7931

¶7932

APPELLANT/S:

¶7933

1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCTION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7934

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695034.

¶7935

3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA-689645.

¶7936

4 THE ASSISTANT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA -689645.

¶7937

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7938

RESPONDENT/S:

¶7939

1 THE MANAGER, MULAMOOTTIL CENTRAL SCHOOL, KOZHENCHERRY P.O., PATHANAMTHITTA-689641.

¶7940

- 608 -

¶7941

W.A.No.173 of 2019 & connected cases

¶7942

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/19 IN WA 638/2019.

¶7943

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7944

- 609 -

¶7945

W.A.No.173 of 2019 & connected cases

¶7946

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7947

PRESENT

¶7948

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7949

&

¶7950

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7951

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7952

WA.No.639 OF 2019

¶7953

AGAINST THE ORDER/JUDGMENT IN WP(C) 6528/2018(M) OF HIGH COURT OF KERALA

¶7954

APPELLANT/S:

¶7955

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPIURAM 695 001.

¶7956

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014.

¶7957

3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA 688 001.

¶7958

4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT 690 101.

¶7959

5 THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT 690 101.

¶7960

BY ADVS.

¶7961

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7962

RESPONDENT/S:

¶7963

1 THE MANAGER, MAHATMA PUBLIC SCHOOL P.O, CHENNITHALA, ALAPPUZHA DISTRICT 690 105.

¶7964

- 610 -

¶7965

W.A.No.173 of 2019 & connected cases

¶7966

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19

¶7967

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7968

- 611 -

¶7969

W.A.No.173 of 2019 & connected cases

¶7970

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7971

PRESENT

¶7972

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶7973

&

¶7974

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7975

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶7976

WA.No.640 OF 2019

¶7977

AGAINST THE ORDER/JUDGMENT IN WP(C) 5895/2018(J) OF HIGH COURT OF KERALA

¶7978

APPELLANT/S:

¶7979

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶7980

2 DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶7981

3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.

¶7982

4 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.

¶7983

5 ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT-673631.

¶7984

BY ADVS.

¶7985

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶7986

RESPONDENT/S:

¶7987

1 N.S.S. ENGLISH MEDIUM SCHOOL,

¶7988

NALLUR, FEROKE P.O., KOZHIKODE DISTRICT-673301, REPRESENTED BY THE SECRETARY OF THE NALLUR NSS KARAYOGAM COMMITTEE NO.3154, P.K. MURALEEDHARA MENON, S/O K.P. RAMAN MENON, AGED 58 YEARS, KUTTAMBALATH HOUSE, NALLUR, FEROKE P.O., KOZHIKODE DISTRICT.

¶7989

- 612 -

¶7990

W.A.No.173 of 2019 & connected cases

¶7991

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.

¶7992

ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 640/2019.

¶7993

BY ADVS.

¶7994

SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH

¶7995

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶7996

- 613 -

¶7997

W.A.No.173 of 2019 & connected cases

¶7998

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶7999

PRESENT

¶8000

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8001

&

¶8002

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8003

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8004

WA.No.641 OF 2019

¶8005

AGAINST THE ORDER/JUDGMENT IN WP(C) 32913/2017(L) OF HIGH COURT OF KERALA

¶8006

APPELLANT/S:

¶8007

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶8008

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶8009

3 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, THRIKKAKKARA CIVIL STATION, KOCHI-682 030.

¶8010

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8011

RESPONDENT/S:

¶8012

1 THE EXODUS PUBLIC SCHOOL, (CBSE) SITUATED AT NAZARETH, KOCHI, ERNAKULAM DISTRICT-682 002, REPRESENTED BY ITS ADMINISTRATOR SMT. JOYCE NELSON, AGED 49 YEARS, WIFE OF SHRI. NELSON (DAUGHTER OF SHRI P.A. ANTONY), RESIDING AT PALLIPARAMBIL HOUSE, P.O., AMARAVATHY, KOCHI-682 001.

¶8013

- 614 -

¶8014

W.A.No.173 of 2019 & connected cases

¶8015

2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.641/2019.

¶8016

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8017

- 615 -

¶8018

W.A.No.173 of 2019 & connected cases

¶8019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8020

PRESENT

¶8021

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8022

&

¶8023

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8024

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8025

WA.No.642 OF 2019

¶8026

¶8027

APPELLANT/S:

¶8028

1 STATE OF KERALA,

¶8029

REP BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,

¶8030

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶8031

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶8032

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM.

¶8033

4 THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM.

¶8034

5 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM.

¶8035

BY ADVS.

¶8036

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8037

RESPONDENT/S:

¶8038

1 MANAGER, PRIYADARSHINI SCHOOL, EDAVATTOM, VELLIMON P.O, KOLLAM 690 504.

¶8039

2 MANAGER, VINJAN ENGLISH MEDIUM SCHOOL, PUNUKKONNOOR, PERUMBUZHA P.O., KOLLAM-691504.

¶8040

3 MANAGER, VRINDAVANAM ENGLISH MEDIUM SCHOOL, CHERUMOODU VELLIMON P.O, KUNDARA, KOLLAM 691 511.

¶8041

- 616 -

¶8042

W.A.No.173 of 2019 & connected cases

¶8043

4 MANAGER, JAYA LP SCHOOL, PULLIYATHUMUKKU, KILIKOLLOOR P.O, KOLLAM 691 004.

¶8044

5 MANAGER, VELANKANNI ENGLISH MEDIUM SCHOOL, KANDACHIRA, MANGAD P.O, KOLLAM 691 015.

¶8045

6 MANAGER, GEO MOUNT PUBLIC SCHOOL, VENCHEMPU P.O, KOLLAM 691 333.

¶8046

7 ADDL.R7 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R7 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)

¶8047

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8048

- 617 -

¶8049

W.A.No.173 of 2019 & connected cases

¶8050

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8051

PRESENT

¶8052

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8053

&

¶8054

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8055

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8056

WA.No.643 OF 2019

¶8057

AGAINST THE ORDER/JUDGMENT IN WP(C) 8432/2018(D) OF HIGH COURT OF KERALA

¶8058

APPELLANT/S:

¶8059

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶8060

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 034.

¶8061

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR , THIRUVANANTHAPURAM 695 001.

¶8062

4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE SUB DISTRICT EDUCATIONAL OFFICE, PARASSALA, THIRUVANANTHAPURAM 695 001.

¶8063

BY ADVS.

¶8064

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8065

RESPONDENT/S:

¶8066

UDAYA CONVENT SCHOOL, DHANUVACHAPURAM, PARASSALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER.PIN CODE-695 502.

¶8067

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8068

- 618 -

¶8069

W.A.No.173 of 2019 & connected cases

¶8070

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8071

PRESENT

¶8072

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8073

&

¶8074

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8075

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8076

WA.No.644 OF 2019

¶8077

AGAINST THE ORDER/JUDGMENT IN WP(C) 38025/2017(C) OF HIGH COURT OF KERALA

¶8078

APPELLANT/S:

¶8079

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶8080

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶8081

3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691506, KERALA.

¶8082

4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691506.

¶8083

5 THE ASSISTANT EDUCATION OFFICER, ANCHAL-691306.

¶8084

BY ADVS.

¶8085

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8086

RESPONDENT/S:

¶8087

1 INFANT JESUS ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRINCIPAL MANNOOR, KOLLAM (DIST), KERALA-691311.

¶8088

- 619 -

¶8089

W.A.No.173 of 2019 & connected cases

¶8090

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.

¶8091

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM

¶8092

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8093

- 620 -

¶8094

W.A.No.173 of 2019 & connected cases

¶8095

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8096

PRESENT

¶8097

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8098

&

¶8099

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8100

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8101

WA.No.645 OF 2019

¶8102

AGAINST THE ORDER/JUDGMENT IN WP(C) 12360/2018(T) OF HIGH COURT OF KERALA

¶8103

APPELLANT/S:

¶8104

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.

¶8105

2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM 695 014.

¶8106

3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE DISTRICT 673 573.

¶8107

4 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, KOZHIKODE 673 032.

¶8108

BY ADVS.

¶8109

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8110

RESPONDENT/S:

¶8111

1 LITTLE DIAMOND JUNIOR SCHOOL, REPRESENTED BY MANAGER, PAYYANAKKAL, KALLAI P.O., KOZHIKODE 673 003.

¶8112

- 621 -

¶8113

W.A.No.173 of 2019 & connected cases

¶8114

2 ADDL.R2.SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.645/2019.

¶8115

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8116

- 622 -

¶8117

W.A.No.173 of 2019 & connected cases

¶8118

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8119

PRESENT

¶8120

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8121

&

¶8122

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8123

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8124

WA.No.657 OF 2019

¶8125

AGAINST THE ORDER/JUDGMENT IN WP(C) 9493/2018(J) OF HIGH COURT OF KERALA

¶8126

APPELLANT/S:

¶8127

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

¶8128

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶8129

3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001.

¶8130

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 011.

¶8131

5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM (NORTH)-695 001.

¶8132

BY ADVS.

¶8133

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8134

RESPONDENT/S:

¶8135

ST.ANNE'S ENGLISH MEDIUM SCHOOL REPRESENTED BY ITS MANAGER, PALLIMUKKU, PETTAH, THIRUVANANTHAURAM-24, KERALA.

¶8136

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8137

- 623 -

¶8138

W.A.No.173 of 2019 & connected cases

¶8139

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8140

PRESENT

¶8141

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8142

&

¶8143

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8144

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8145

WA.No.658 OF 2019

¶8146

AGAINST THE ORDER/JUDGMENT IN WP(C) 34294/2017(J) OF HIGH COURT OF KERALA

¶8147

APPELLANT/S:

¶8148

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶8149

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

¶8150

3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT.

¶8151

4 THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR , PALAKKAD DISTRICT.

¶8152

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8153

RESPONDENT/S:

¶8154

1 THE MANAGER, ST.MARYS PUBLIC SCHOOL, ANJUMOORTHYMANGALAM, ANJUMOORTHY POST, ALATHUR TALUK, PALAKKAD DISTRICT-678 682.

¶8155

- 624 -

¶8156

W.A.No.173 of 2019 & connected cases

¶8157

2 ADDL.R2 SECRETARY, (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.

¶8158

ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/219 IN IA 2/19.

¶8159

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8160

- 625 -

¶8161

W.A.No.173 of 2019 & connected cases

¶8162

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8163

PRESENT

¶8164

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8165

&

¶8166

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8167

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8168

WA.No.660 OF 2019

¶8169

AGAINST THE ORDER/JUDGMENT IN WP(C) 3298/2018(J) OF HIGH COURT OF KERALA

¶8170

APPELLANT/S:

¶8171

1 SUB DISTRICT EDUCATIONAL OFFICER

¶8172

PUNALUR, KOLLAM-691 305.

¶8173

2 DISTRICT EDUCATIONAL OFFICER,

¶8174

PUNALUR, KOLLAM-691 305.

¶8175

3 THE DEPUTY DIRECTOR, EDUCATION, KOLLAM-691 009.

¶8176

4 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶8177

BY ADVS.

¶8178

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8179

RESPONDENT/S:

¶8180

1 SANTHAMMA.D., MANAGER, EDAMON VOCATIONAL HIGHER SECONDARY SCHOOL, EDAMON P.O., PUNALUR ED. DISTRICT, KOLLAM-691 307.

¶8181

- 626 -

¶8182

W.A.No.173 of 2019 & connected cases

¶8183

2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.

¶8184

ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/02/2019 IN IA 2/2019.

¶8185

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8186

- 627 -

¶8187

W.A.No.173 of 2019 & connected cases

¶8188

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8189

PRESENT

¶8190

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8191

&

¶8192

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8193

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8194

WA.No.662 OF 2019

¶8195

AGAINST THE ORDER/JUDGMENT IN WP(C) 35244/2017(E) OF HIGH COURT OF KERALA

¶8196

APPELLANT/S:

¶8197

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCTION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001.

¶8198

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

¶8199

3 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686 661.

¶8200

4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682 030, KERALA.

¶8201

BY ADVS.

¶8202

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8203

RESPONDENT/S:

¶8204

1 KING DAVID INTERNATIONAL SCHOOL, REPRESENTED THROUGH ITS MANAGER, VETTOOR, NELLAD P.O., ERNAKULAM DISTRICT-686 669.

¶8205

- 628 -

¶8206

W.A.No.173 of 2019 & connected cases

¶8207

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PRREET VIHAR, NEW DELHI-110 301.

¶8208

BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR

¶8209

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8210

- 629 -

¶8211

W.A.No.173 of 2019 & connected cases

¶8212

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8213

PRESENT

¶8214

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8215

&

¶8216

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8217

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8218

WA.No.671 OF 2019

¶8219

AGAINST THE ORDER/JUDGMENT IN WP(C) 22467/2017(G) OF HIGH COURT OF KERALA

¶8220

APPELLANT/S:

¶8221

STATE OF KERALA

¶8222

REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶8223

BY ADVS.

¶8224

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8225

RESPONDENT/S:

¶8226

1 MANAGER, SADGURU PUBLIC SCHOOL PEROOR, PULLUR P.O., ANANDASRAMAM, KASARGOD- 671 531.

¶8227

2 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH SHIKSHA KENRA, 2- COMMUNITY CENTRE, PREET VIAHR, NEW DELHI 110 092 REPRESENTED BY ITS SECRETARY.

¶8228

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8229

- 630 -

¶8230

W.A.No.173 of 2019 & connected cases

¶8231

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8232

PRESENT

¶8233

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8234

&

¶8235

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8236

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8237

WA.No.672 OF 2019

¶8238

AGAINST THE ORDER/JUDGMENT IN WP(C) 5508/2018(K) OF HIGH COURT OF KERALA

¶8239

APPELLANT/S:

¶8240

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶8241

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 034.

¶8242

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA 689 101.

¶8243

4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA 689 101.

¶8244

5 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KONNI, PATHANAMTHITTA 689 691.

¶8245

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER.

¶8246

- 631 -

¶8247

W.A.No.173 of 2019 & connected cases

¶8248

RESPONDENT/S:

¶8249

VINEETHA JOHNSON MANAGER, ST. GEORGE PUBLIC SCHOOL, KAIPATTOOR, VALLICKODU VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE 689 648.

¶8250

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8251

- 632 -

¶8252

W.A.No.173 of 2019 & connected cases

¶8253

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8254

PRESENT

¶8255

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8256

&

¶8257

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8258

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8259

WA.No.684 OF 2019

¶8260

AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA

¶8261

APPELLANT/S:

¶8262

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPUAM - 695 039.

¶8263

2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPUAM - 695 014.

¶8264

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPUAM - 695 001.

¶8265

4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA - 689 645.

¶8266

5 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 001.

¶8267

6 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.

¶8268

7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA - 689 621, PATHANAMTHITTA DISTRICT.

¶8269

- 633 -

¶8270

W.A.No.173 of 2019 & connected cases

¶8271

8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA - 690 101, ALAPPUZHA DISTRICT.

¶8272

9 DISTRICT EDUCATIONAL OFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA - 689 654.

¶8273

10 DISTRICT EDUCATIONAL OFFICER, RANNI - 689 672, PATHANAMTHITTA DISTRICT.

¶8274

11 DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.

¶8275

12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY - 689 641, PATHANAMTHITTA DISTRICT.

¶8276

13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM - 690 502, ALAPPUZHA DISTRICT.

¶8277

14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583, KOLLAM DISTRICT.

¶8278

15 ASSISTANT EDUCATIONAL OFFICER, KONNI - 689 691, PATHANAMTHITTA DISTRICT.

¶8279

BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8280

RESPONDENT/S:

¶8281

1 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM - 690 536.

¶8282

2 MANAGER, ST.MARY'S MODEL SCHOOL KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN - 689 693.

¶8283

3 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O, THIRUVALLA, PATHANAMTHITTA - 689 621.

¶8284

4 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA - 690 501.

¶8285

- 634 -

¶8286

W.A.No.173 of 2019 & connected cases

¶8287

5 MANAGER, SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITTA- 689 662.

¶8288

6 CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT - 689 693.

¶8289

7 MANAGER, NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM - 695 012.

¶8290

8 MANAGER,

¶8291

AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O.,

¶8292

KOZHENCHERRY, PATHANAMTHITTA - 689 650.

¶8293

9 MANAGER, MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA - 690 503.

¶8294

10 ADDL.R10 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R10 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.03/2019)

¶8295

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶8296

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8297

- 635 -

¶8298

W.A.No.173 of 2019 & connected cases

¶8299

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶8300

PRESENT

¶8301

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶8302

&

¶8303

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶8304

FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941

¶8305

WA.No.963 OF 2019

¶8306

AGAINST THE ORDER/JUDGMENT IN WP(C) 39417/2017(B) OF HIGH COURT OF KERALA

¶8307

APPELLANT/S:

¶8308

THE MANAGER,

¶8309

SANJOS PUBLIC SCHOOL, ST.JOSEPH, PARISH SHRINE, PAVARATTY, THRISSUR-680507.

¶8310

BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE

¶8311

RESPONDENT/S:

¶8312

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.

¶8313

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶8314

3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT, PIN-680506.

¶8315

BY ADVS.

¶8316

SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

¶8317

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:

¶8318

- 636 -

¶8319

W.A.No.173 of 2019 & connected cases

¶8320

“C.R.”

¶8321

JUDGMENT

¶8322

[ WA.173/2019, WA.1622/2018, WA.1655/2018, WA.1932/2018, WA.2051/2018, WA.2140/2018, WA.2284/2018, WA.2295/2018,

¶8323

WA.1236/2019, WA.1237/2019, WA.256/2019, WA.261/2019,
WA.269/2019, WA.271/2019, WA.273/2019, WA.283/2019,
WA.285/2019, WA.286/2019, WA.287/2019, WA.297/2019,
WA.298/2019, WA.302/2019, WA.303/2019, WA.304/2019,
WA.307/2019, WA.309/2019, WA.317/2019, WA.318/2019,
WA.319/2019, WA.321/2019, WA.322/2019, WA.324/2019,
WA.325/2019, WA.327/2019, WA.328/2019, WA.329/2019,
WA.333/2019, WA.339/2019, WA.340/2019, WA.345/2019,
WA.346/2019, WA.347/2019, WA.348/2019, WA.349/2019,
WA.350/2019, WA.352/2019, WA.354/2019, WA.355/2019,
WA.356/2019, WA.361/2019, WA.362/2019, WA.363/2019,
WA.365/2019, WA.366/2019, WA.367/2019, WA.368/2019,
WA.371/2019, WA.372/2019, WA.373/2019, WA.374/2019,
WA.375/2019, WA.376/2019, WA.377/2019, WA.379/2019,
WA.380/2019, WA.381/2019, WA.382/2019, WA.383/2019,
WA.384/2019, WA.385/2019, WA.386/2019, WA.388/2019,
WA.389/2019, WA.390/2019, WA.391/2019, WA.392/2019,
WA.393/2019, WA.394/2019, WA.395/2019, WA.396/2019,
WA.397/2019, WA.398/2019, WA.399/2019, WA.400/2019,
WA.401/2019, WA.402/2019, WA.404/2019, WA.405/2019,
WA.406/2019, WA.407/2019, WA.408/2019, WA.409/2019,
WA.410/2019, WA.411/2019, WA.412/2019, WA.413/2019,
WA.414/2019, WA.415/2019, WA.416/2019, WA.417/2019,
WA.418/2019, WA.420/2019, WA.421/2019, WA.422/2019,
WA.424/2019, WA.425/2019, WA.426/2019, WA.427/2019,
WA.428/2019, WA.429/2019, WA.430/2019, WA.431/2019,
WA.432/2019, WA.434/2019, WA.435/2019, WA.436/2019,
WA.437/2019, WA.438/2019, WA.439/2019, WA.440/2019,
WA.441/2019, WA.443/2019, WA.444/2019, WA.445/2019,
WA.446/2019, WA.450/2019, WA.451/2019, WA.452/2019,
WA.453/2019, WA.454/2019, WA.455/2019, WA.456/2019,
WA.457/2019, WA.458/2019, WA.459/2019, WA.460/2019,
WA.461/2019, WA.462/2019, WA.463/2019, WA.464/2019,
WA.465/2019, WA.466/2019, WA.467/2019, WA.468/2019,
WA.469/2019, WA.470/2019, WA.471/2019, WA.472/2019,
WA.473/2019, WA.474/2019, WA.475/2019, WA.476/2019,
WA.477/2019, WA.478/2019, WA.479/2019, WA.480/2019,

¶8324

- 637 -

¶8325

W.A.No.173 of 2019 & connected cases

¶8326

WA.481/2019, WA.482/2019, WA.483/2019, WA.484/2019, WA.485/2019, WA.487/2019, WA.488/2019, WA.489/2019, WA.490/2019, WA.491/2019, WA.492/2019, WA.493/2019, WA.494/2019, WA.496/2019, WA.497/2019, WA.498/2019, WA.499/2019, WA.500/2019, WA.501/2019, WA.502/2019, WA.503/2019, WA.504/2019, WA.505/2019, WA.506/2019, WA.507/2019, WA.508/2019, WA.509/2019, WA.510/2019, WA.511/2019, WA.512/2019, WA.513/2019, WA.514/2019, WA.515/2019, WA.516/2019, WA.517/2019, WA.518/2019, WA.519/2019, WA.520/2019, WA.521/2019, WA.522/2019, WA.523/2019, WA.524/2019, WA.525/2019, WA.526/2019, WA.527/2019, WA.528/2019, WA.529/2019, WA.530/2019, WA.531/2019, WA.532/2019, WA.533/2019, WA.534/2019, WA.535/2019, WA.536/2019, WA.537/2019, WA.538/2019, WA.539/2019, WA.540/2019, WA.541/2019, WA.542/2019, WA.543/2019, WA.544/2019, WA.545/2019, WA.546/2019, WA.547/2019, WA.548/2019, WA.549/2019, WA.550/2019, WA.551/2019, WA.552/2019, WA.553/2019, WA.554/2019, WA.555/2019, WA.556/2019, WA.557/2019, WA.558/2019, WA.559/2019, WA.560/2019, WA.561/2019, WA.562/2019, WA.563/2019, WA.564/2019, WA.565/2019, WA.566/2019, WA.567/2019, WA.568/2019, WA.569/2019, WA.570/2019, WA.571/2019, WA.572/2019, WA.573/2019, WA.574/2019, WA.575/2019, WA.576/2019, WA.577/2019, WA.578/2019, WA.579/2019, WA.580/2019, WA.581/2019, WA.582/2019, WA.583/2019, WA.584/2019, WA.585/2019, WA.586/2019, WA.587/2019, WA.588/2019, WA.589/2019, WA.590/2019, WA.591/2019, WA.592/2019, WA.593/2019, WA.594/2019, WA.595/2019, WA.596/2019, WA.597/2019, WA.598/2019, WA.599/2019, WA.600/2019, WA.601/2019, WA.602/2019, WA.603/2019, WA.604/2019, WA.605/2019, WA.606/2019, WA.607/2019, WA.608/2019, WA.609/2019, WA.610/2019, WA.611/2019, WA.612/2019, WA.613/2019, WA.614/2019, WA.615/2019, WA.616/2019, WA.617/2019, WA.618/2019, WA.619/2019, WA.620/2019, WA.621/2019, WA.622/2019, WA.623/2019, WA.624/2019, WA.625/2019, WA.626/2019, WA.627/2019, WA.628/2019, WA.629/2019, WA.630/2019, WA.631/2019, WA.632/2019, WA.633/2019, WA.634/2019, WA.635/2019, WA.636/2019, WA.637/2019, WA.638/2019, WA.639/2019, WA.640/2019, WA.641/2019, WA.642/2019, WA.643/2019, WA.644/2019, WA.645/2019, WA.657/2019, WA.658/2019, WA.660/2019, WA.662/2019, WA.671/2019, WA.672/2019, WA.684/2019, WA.963/2019 ]

¶8327

- 638 -

¶8328

W.A.No.173 of 2019 & connected cases

¶8329

Dated this the 12th day of July 2019

¶8330

JUDGMENT

¶8331

Vinod Chandran, J.

¶8332

This batch of appeals are against the judgment of a learned Single Judge in numerous writ petitions filed by the managements. The managements of schools, established and those aspiring to establish one, sought recognition of the Government as mandated under the Right of Children to Free and Compulsory Education Act, 2009 ["RTE Act" for brevity]. A sizeable number are minority institutions. The appeals by the State are with respect to the findings of the learned Single Judge that the " assessment of educational need is only for the purpose of compelling Government or local authority to establish schools and not

¶8333

as a pre-condition for establishing such schools " (sic) (para 10). There were also contentions raised with respect to the guidelines framed by the State, which stood modified by the learned Single Judge in the review petitions filed. The State is not challenging those findings, since a Division Bench, while admitting the appeals, directed the State Government to consider the recognition based on the norms appealable to the respective Boards, like CBSE, ICSE, etc. The Government has conceded to that position and has

¶8334

- 639 -

¶8335

W.A.No.173 of 2019 & connected cases

¶8336

also issued Circulars in accordance with that.

¶8337

2. The appeals by the minority institutions assail the findings of the learned Single Judge, which puts such institutions at par with others, on the aspect of compliance of the various conditions stipulated in the notification and the RTE Act. They assert, they are totally absolved from the provisions of that Act by virtue of the protection under Article 30(1) of the Constitution of India.

¶8338

3. The learned Advocate General C.P Sudhakara Prasad, argued based on the documents produced in W.A.Nos.173 of 2019 and 363 of 2019. It is pointed out that a total of 796 applications for recognition were received from managements who wish to affiliate their schools with CBSE. The District Educational Officer ["DEO" for brevity] considered the same and rejected 534 applications, while recommending 262. The Director of Public Instruction ["DPI" for short] found that out of the recommended schools, 134 schools had prior recognition. 52 were

¶8339

defective applications, which were directed to be rectified. 56 applications were recommended by the DPI. As far as the recognition for schools seeking affiliation to the State Board, 371 were received, which are under

¶8340

W.A.No.173 of 2019 & connected cases

¶8341

- 640 -

¶8342

process. It is submitted by the learned Advocate General that all these applications would be considered based on the respective norms for affiliation. There would be no consideration of educational need as provided in the Rules with respect to these applications.

¶8343

4. However, the learned Advocate General would assert that in the coming years there is a requirement to consider the educational need in processing the applications as prescribed under the Rules. The learned Advocate General specifically takes us to Rule 14(14) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 [hereinafter referred to as "Kerala Rules of 2011"], which speaks of conforming to the norms and standards specified in the Schedule and those mentioned in these Rules and the proven educational need of the locality in which the school is proposed, as revealed from the school mapping carried out by the authorized agency,

¶8344

certified by the local authority and the Assistant Educational Officer ["AEO" for brevity]. This prescription is as allowed under Section 30 of the RTE Act. The educational need definitely has to be assessed by the authorities under the Government, failing which there would be mushrooming of schools which is not conducive to

¶8345

- 641 -

¶8346

W.A.No.173 of 2019 & connected cases

¶8347

provision of better education. The State while conceding to the mandate insofar as the RTE Act to provide education in the event of there being insufficiency of primary schools also asserts its power to reject the applications if there is a saturation of the educational need.

¶8348

5. The learned Advocate General relies on the decision of a learned Single Judge reported in Manager, LPGS, Veliyam, Kollam v . State of Kerala [ 2015 (3) KHC 703 ], which has been approved by a Division Bench, also confirmed by the Hon'ble Supreme Court. According to the learned Advocate General, the impugned judgment requires interference insofar as finding that the educational need cannot be a criteria for rejecting an application for recognition. The Government, for the purpose of consideration of applications for recognition, insists on compliance with the Schedule to the RTE Act, the guidelines of the respective Boards and the educational need of the locality or a neighbourhood. The learned Advocate General also refers to Government Order dated 01.03.2019, produced as Annexure-I in W.A.No.173 of 2019 along with the statement dated 30.05.2019, as a reference point, resorted to for the consideration of applications from managements of schools desiring to get affiliation in Boards other than

¶8349

W.A.No.173 of 2019 & connected cases

¶8350

- 642 -

¶8351

the State Board. Government Order dated 22.05.2019, produced in W.A.No.363 of 2019 as Annexure A1, has the stipulations with respect to schools seeking recognition with intention of affiliating with the State Board. The learned Advocate General specifically points out that the policy of the Government in the applications now pending before it and considered as per the directions of the Division Bench, is more of grant and not rejection; without looking at educational need. However, the future applications would be only in consonance with the Rules and after reckoning the educational need in any neighbourhood or locality.

¶8352

6. Learned Senior Counsel Sanjay R. Hegde, appearing for the Association of schools joins issue with the State even on the question of recognition on the basis of the norms of the affiliating body. It is the submission of the learned Senior Counsel that the RTE Act provides a Schedule, which alone has to be looked at for the purpose of granting recognition. The State cannot add or subtract from it. Section 18 of the RTE Act is very clear insofar as providing for verification of the matters in the Schedule alone while considering a recognition. The RTE Act provides for recognition on the basis of the stand alone Schedule.

¶8353

W.A.No.173 of 2019 & connected cases

¶8354

- 643 -

¶8355

The intention of bringing in the RTE Act itself was to make operational the principles enshrined in Article 21A of the Constitution and ensure free and compulsory primary education on minimum standards prescribed in the Act. The Government Orders as pointed out by the learned Advocate General; confuse recognition with affiliation norms, which cannot be. The learned Senior Counsel also makes a reservation insofar as the Government Orders pointed out by the Government being subject of consideration before the learned Single Judge in separate writ petitions filed by the managements.

¶8356

7. On the question of educational need, the learned Senior Counsel would contend that while the RTE Act mandates the Government to provide education where there is insufficiency, it does not speak of a saturation of the educational need. The Government by making a prescription with respect to educational need, which is alien to the RTE Act, cannot thrust upon the students the notions of education which the Government harbours; which cannot even fall under the ambit of a policy. The student and parent has the ultimate say and has to be provided with the widest options available even with respect to private education. The State cannot provide a fetter on the ground of

¶8357

W.A.No.173 of 2019 & connected cases

¶8358

- 644 -

¶8359

educational need which would in fact interfere with the tenor and purport of Article 21A, which is a fundamental right; the implementation of which is the very intention of the RTE Act.

¶8360

8. On the question of minority institutions, the learned Senior Counsel would submit that it is more as a precautionary measure that the appeals are filed; especially when a Constitution Bench of the Hon'ble Supreme Court has categorically held that the RTE Act has no application to the minority institutions. The learned Senior Counsel would specifically assail the statement made by the learned Single Judge in paragraph 12 that the issue considered by the Supreme Court in Pramati Educational and Cultural Trust v . Union of India [ 2014 (2) KLT 547 (SC) ] is particularly confined to Section 12(1)(c) of the RTE Act and with regard to the definition of 'school' as referred under Section 2(n)(iv). The ratio of the decision of the Hon'ble Supreme Court is confined to the challenge made to the aforesaid provisions, was the categoric finding. However, a reading of the judgment would show that the Hon'ble Supreme Court has specifically held that the RTE Act itself would not apply to a minority institution, whether it be aided or unaided. It is pointed out that this

¶8361

W.A.No.173 of 2019 & connected cases

¶8362

- 645 -

¶8363

aspect would be argued by the various parties when the challenge to the Government notifications, now produced before this Court dated 01.03.2019 and 22.05.2019, which adopt a different principle from that adopted by the learned Single Judge in the review are heard. It is argued that the observations of the learned Single Judge as to the decision in Pramati Educational and Cultural Trust being confined to admission of students from marginalized sections of the society and disadvantageous groups be set aside and the issue be kept open.

¶8364

9. Sri.Mohan Jacob George, who appears in many of

¶8365

the appeals filed by the institutions – all minority institutions – treads a different path from that taken by the learned Senior Counsel who appears for the Association of Schools. The learned Counsel would first point out that the order in review is incompetent. The judgment was never taken up by the State in review in all the writ petitions. A single review was filed and all the disposed off writ petitions were posted together without even serving a copy of the review petition on the other writ petitioners. In such circumstances, the learned Single Judge could not have passed an order on review and made it applicable to the other writ petitions; in which a judgment had already been

¶8366

W.A.No.173 of 2019 & connected cases

¶8367

- 646 -

¶8368

passed and no review filed by the State. In the solitary review petition, the Government had produced a set of guidelines, which have been modified to some extent by the learned Single Judge. The learned Counsel would submit that the order in review, in any event, has to be set aside. The common judgment taken in the batch of writ petitions is assailed on the aspect of the effect of the RTE Act to the minority institutions.

¶8369

10. It is pointed out by the learned Counsel that a three-Judge Bench of the Hon'ble Supreme Court in Society - for Un aided Private Schools of Rajasthan v. Union of India [ (2012) 6 SCC 1 ] held that the RTE Act will not be applicable to unaided minority schools. Later, there was a reference made by another Bench, which culminated in the decision in Pramati Educational and Cultural Trust . The Larger Bench of five learned Judges, in that decision upheld the earlier decision insofar as it held that the RTE Act would not be applicable to unaided minority institutions. However, with respect to aided minority institutions also, the Larger Bench held that the RTE Act would not be applicable. This settles the issue insofar as the minority institutions are concerned and there can be no mandate of a recognition under the RTE Act of 2009 insofar

¶8370

- 647 -

¶8371

W.A.No.173 of 2019 & connected cases

¶8372

as minority institutions.

¶8373

11. It is the further case of Sri.Mohan Jacob George that there are many schools established and administered by minority institutions which cater to the marginalized sections of society and disadvantageous groups alone; that too of the minority community. They only cater to elementary education and in many cases children do not go beyond the elementary school. The attempt is to at least provide elementary education to such sections of society and they cannot be directed to affiliate to one or other Board, which mandate also arise only under the RTE Act. There is nothing other than the RTE Act and the Rules framed by the State to prohibit such minority institutions from carrying on the elementary education, on a syllabus devised by themselves or adopted either from the NCERT or SCERT, but requiring no affiliation in any of the Boards existing within the country. The said schools also could seek a switch over and seek for affiliation at a later stage. They cannot be asked to close down merely under the provisions of the RTE Act. These students, when it is possible for them, after elementary education, seek further education under various systems existing in the country

¶8374

which do not provide for any stringent terms of

¶8375

W.A.No.173 of 2019 & connected cases

¶8376

- 648 -

¶8377

affiliation. For example, the National Institute of Open Schooling, under the Ministry of Human Resources Development, Government of India is one such mode. It is also argued that there are other Boards recognized universally, but not having a formal recognition within India under whom, systems of education are carried on which are recognized by the Universities in the country and the State. We notice immediately that there is not even one appeal pointed out by the learned Counsel where the appellant-institution is affiliated to such a Board.

¶8378

12. At the outset, we have to note that we are, in

¶8379

all these matters, concerned only with elementary education, which alone is regulated by the provisions of the RTE Act, including a mandate as to recognition for schools carrying on elementary education within the country. We also have to find that the order in a solitary review petition is incompetent. It is argued by the learned Advocate General that all the writ petitions which were disposed of by the impugned judgment were posted along with the review petition. The review in one writ petition, cannot regulate the issue in the other writ petitions, where judgment rendered has become final, against which now appeals are filed. We would not say anything further of the

¶8380

- 649 -

¶8381

W.A.No.173 of 2019 & connected cases

¶8382

order on review, since as of now the guidelines framed by Government and placed before the learned Single Judge, for the purpose of considering recognition of schools and modified by the learned Single Judge, is not relied on by the Government. The Government has gone by the interim order passed in the Writ Appeals, which directed consideration of the recognition on the basis of the norms existing for affiliation with the respective Boards. The order in review, is irrelevant, as of now.

¶8383

13. The Government Orders dated 01.03.2019 and 22.05.2019 produced as Annexure-I respectively in W.A.No.173 of 2019 and W.A.No.363 of 2019, are challenged in subsequent writ petitions pending before the learned Single Judge. Wherever the Government has rejected the applications, the affected managements would have to challenge the same, being a fresh cause of action. Hence, it may not be proper for us to consider whether the Government Orders and the terms noticed therein are sustainable. Suffice it to observe that we are of the opinion that the consideration in accordance with the terms of affiliation cannot be faulted. In this context, we notice the judgment of the Hon'ble Supreme Court in State of Kerala & Another v . Mythri Vidya Bhavan English Medium

¶8384

W.A.No.173 of 2019 & connected cases

¶8385

- 650 -

¶8386

School & Others [ AIR 2018 SC 2258 ]. Therein, a guideline of

¶8387

the State Government requiring a minimum of three acres of land for obtaining a No Objection Certificate [NOC] to establish a CBSE school was struck down along with the prescription of a minimum of 300 students, holding the conditions to be onerous, arbitrary and totally lacking in any rationale.

¶8388

14. Mythri Vidya Bhavan E.M.S proceeds on the finding that the CBSE having done its home work well, has taken a pragmatic view of the requirement of land, considering the terrain of the locations in the various States. It was not open for the State Government to prescribe a condition in addition to or in excess of that prescribed by the CBSE. It was also noticed that the Government schools in the State did not satisfy either of the conditions of extent of land and minimum student strength; which also did not provide the facilities the private managements were providing. The Court specifically referred to the ground of mushrooming schools, raised by the State there too; to reject establishment of Schools with affiliation to the CBSE. It was held; that admitted fact only indicated the public education system run by the Government, to be wanting and lacking the desired quality

¶8389

W.A.No.173 of 2019 & connected cases

¶8390

- 651 -

¶8391

of education. The State Government was found to have no

¶8392

such authority to make additions to these conditions, in excess of that prescribed by the affiliating body. There the State had required a minimum extent of 3 acres of land while the affiliation norms of the CBSE required only 2 acres. Here, the State has agreed to follow and look at the affiliation norms in considering recognition under the RTE Act.

¶8393

15. We cannot ignore the contention raised by the learned Senior Counsel appearing for the Associations that recognition and NOC are distinct concepts. The learned Advocate General for the State submits that, according to the Government it is one and the same especially when the terms of affiliation are verified by the State along with the educational need to grant recognition as directed by this Court. The Association of Schools, however, submit that in granting recognition what the State has to verify is only whether the school complies with the conditions in the Schedule of the Act. It has also been argued that Section 18 of the RTE Act mandates the stipulations in the Act and Schedule alone to be verified. We cannot accept the said contention looking at Section 18(1) and (2), which are extracted hereunder:

¶8394

- 652 -

¶8395

W.A.No.173 of 2019 & connected cases

¶8396

"18. No school to be established without obtaining certificate of recognition.- (1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate or recognition from such authority, by making an application in such form and manner, as may be prescribed.

¶8397

(2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions as may be prescribed:

¶8398

Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under Section 19".

¶8399

{underlining by us for emphasis}

¶8400

16. We also have to notice Section 38, which is the rule making power of the appropriate Government. We extract hereunder Section 38(1) and Section 38(2)(h).

¶8401

"38. Power of appropriate Government to make rules.- (1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.

¶8402

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may

¶8403

- 653 -

¶8404

W.A.No.173 of 2019 & connected cases

¶8405

provide for all or any of the following matters, namely:-

¶8406

xxx xxx xxx

¶8407

(h) the form, the period, the manner and the conditions for issuing Certificate of Recognition, under sub-section (2) of Section 18".

¶8408

{underlining by us for emphasis}

¶8409

17. Sub-section (2) of Section 18 provides for the issuance of a certificate of recognition in such form, within such period, in such manner and subject to such conditions, as may be prescribed. Hence, the form, the period and the manner of issuance; as also the conditions could be prescribed by the State Government. The proviso additionally mandates that no recognition shall be granted to a school unless it fulfils the norms and standards specified under Section 19, which Section 19 speaks of the Schedule enumerating such norms and standards. We would understand the provision as a mandate to consider recognition only when the school fulfils the norms and standards specified in the Schedule, but leaving authority to the appropriate Government to prescribe the other conditions which would not in any manner dilute the norms and standards specified in the Schedule. The learned Senior

¶8410

W.A.No.173 of 2019 & connected cases

¶8411

- 654 -

¶8412

Counsel had referred us to Section 20, which confers power to amend the Schedule, exclusively on the Central Government. Prescription of conditions under Section 18(2) without interfering with the norms and standards, or diluting the same in any manner, as specified in the schedule would not be an amendment to the Schedule and the appropriate Government has sufficient powers to do that.

¶8413

18. Further, our interpretation is in harmony with Section 38(2)(h) as extracted hereinabove. The rule making power also confers power on the State Government to prescribe the conditions for issuing a certificate of recognition. The State Government wisely has adopted the terms of affiliation as the conditions for recognition, which, though not prescribed, has been specified in the manner of guidelines. We would steer clear of looking at the guidelines as per the Government Orders mentioned above for reason only of the challenge raised against it, pending before the learned Single Judge. Mythri Vidya Bhavan E.M.S also found the authority of the Government to prescribe conditions, to be curtailed, on a reading of the affiliation norms of the CBSE. But, in the context of the adoption of the affiliation norms, we would agree with the learned Advocate General that there is not much difference

¶8414

- 655 -

¶8415

W.A.No.173 of 2019 & connected cases

¶8416

between recognition and NOC.

¶8417

19. The Association of Schools maintain that recognition, is only on the basis of the Schedule and NOC is issued after looking at the terms of affiliation. We do not agree with the said contention and find the recognition and NOC by the State Government to be one and the same in the context of the State Government looking at the affiliation norms of the respective Boards for the purpose of granting recognition. Recognition, again, is not only a statutory mandate as per the RTE Act but also a requirement of the affiliation norms of the CBSE. We also have to notice that the learned Counsel appearing for the respective Boards, here the CBSE and ICSE, agreed with the procedure adopted by the State and also are in favour of the same, since, admittedly, they do not have the infrastructure or staff to carry out such verification. They only submit that the recognition cannot be taken as a mandate for affiliation, which the respective Boards will have to consider on the basis of their Regulations or Bye-laws. We have to concede such power to the respective Boards and the recognition alone would not enable affiliation; the later of which has to be considered on the terms of affiliation by the respective Boards.

¶8418

W.A.No.173 of 2019 & connected cases

¶8419

- 656 -

¶8420

20. In the appeals, we are also concerned with two issues (i) as to whether citing educational need the State could reject an application for recognition and (ii) whether the recognition could be insisted for the minority institutions, whether it be aided or unaided.

¶8421

21. On the issue of educational need, the learned Advocate General specifically takes us through Rule 14(14) of the Kerala Rules of 2011, which is extracted hereunder:

¶8422

"R.14(14) An educational agency or society proposing to start a new school or upgrade an existing school shall furnish an application in the prescribed format Form No.III and shall conform to the norms and standards specified in the Schedule and those mentioned in these rules, and the locality in which the school is proposed to be started has a proven educational need as revealed in the school mapping carried out by the authorized agency and such educational need shall be certified by the local authority and the Assistant Educational Officer concerned".

¶8423

The (underlined) emphasis is on the locality in which the school is proposed to be started, having a proven

¶8424

educational need as revealed in the school mapping carried on by the authorized agency and such educational need being certified by the local authority and the AEO concerned.

¶8425

W.A.No.173 of 2019 & connected cases

¶8426

- 657 -

¶8427

Manager, LPGS, Veliyam, Kollam , after perusing the

¶8428

provisions of the RTE Act, enumerated the obligations of the Government under the Act. There was a reference to the educational need and the manner in which it is to be determined on a reference to the demarcated territorial limits of a local authority and the population within the area. There is no declaration discernible as to the specific argument raised by the State, on educational need, in these batch of writ petitions. We find the decision to have no application to these cases.

¶8429

22. The above mentioned Rules are pressed into service especially referring to Section 2(a)(ii)(A), Sections 3 and 6 read with Sections 18 and 38(2)(h). Section 2(a)(ii)(A) provides for "appropriate Government", which with respect to a school established within the territory of a State, is the State Government if such school is not owned or controlled by the Central Government or the Administrator of a Union Territory. Section 3 provides for the right of a child to free and compulsory education in a neighbourhood school till the completion of his/her elementary education and Section 6 provides a duty on the appropriate Government or the local authority to establish, within such area or limits of neighbourhood, a

¶8430

- 658 -

¶8431

W.A.No.173 of 2019 & connected cases

¶8432

school within three years from the commencement of the RTE Act. Hence, educational need has to be assessed by the State Government and the same is the reigning criteria insofar as establishment of schools as also for their recognition which could also result in the rejection of application for recognition if there are enough schools in the locality or neighbourhood to cater to the needs of the children between the age of six to fourteen years, is the compelling argument of the State.

¶8433

23. The compulsion on the State or the appropriate Government to provide free and compulsory education according to the educational need as provided for in the Act cannot result in a negative finding, on the application for recognition, based on the assumed saturation of the educational need by the existing schools. The State Government cannot thrust upon the parents or the students its own ideas or notions of quality education and curtail the option of the students/parents to receive the best education according to their choice. Educational need can only act as a compulsive force; a statutory force too, to compel the State Government to establish sufficient schools for the purpose of elementary education in a locality if there are not enough schools to provide that. Even when

¶8434

- 659 -

¶8435

W.A.No.173 of 2019 & connected cases

¶8436

there are umpteen number of schools, the State Government cannot find a saturation of the educational need and thus reject the recognition of an application for establishment of a school which otherwise is permissible. This is precisely what Mythri Vidya Bhavan E.M.S observed, as to the public education in the State wanting in quality; if there is mushrooming of schools affiliated to the CBSE. The State cannot monopolize education or canvass the education provided in schools affiliated to the State Board and to that end reject affiliation under other Boards having national recognition and presence. If that be done it would only result in fettering and curtailing the option available to the students and parents to get the best education possible. That is not the intention of the RTE Act, which aims at providing free and compulsory education to all, in implementation of the constitutional mandate under Article 21-A. The RTE Act does not envisage any curtailment or confinement of elementary education to one or the other modes. If such a restriction is provided it would go against the constitutional vision of free and compulsory education. The prescription of educational need to reject an application for recognition would hence be ultra vires the statute and the Constitution. We uphold the

¶8437

W.A.No.173 of 2019 & connected cases

¶8438

- 660 -

¶8439

findings of the learned Single Judge on the aspect of educational need, not enabling the State to reject an application for recognition. The provision in the rules would stand read down to that extent.

¶8440

24. We then come to the challenge raised by the

¶8441

minority institutions against the mandate of a recognition under the Act of 2009. The learned Single Judge has found that the protection under Article 30(1) of the Constitution could only enable the management of the minority institutions to admit students without any fetter as noticed from Section 12(1)(c) of the RTE Act. We are, however, unable to agree with the finding of the learned Single Judge especially looking at the decisions of the - Hon'ble Supreme Court in Society for Un aided Private Schools of Rajasthan and Pramati Educational and Cultural

¶8442

Trust . The learned Advocate General as also the learned Counsel for the respective Boards emphasized, the well established principle of lawfully imposed restriction in the conduct of a school by the Legislature or the Executive as a condition for receiving grant or recognition, not necessarily impairing the rights of the minority institutions. It is also argued that the consideration in both the aforesaid decisions was confined to whether the

¶8443

W.A.No.173 of 2019 & connected cases

¶8444

- 661 -

¶8445

minority institutions should admit 25% of the strength of Class-I from children belonging to weaker sections and disadvantageous group in the neighbourhood, for providing free and compulsory elementary education, as provided for in Section 12(1)(c).

¶8446

25. We cannot but notice paragraphs 59, 62 and 63 - of Society for Un aided Private Schools :

¶8447

"59. The above well-settled principles have to be seen in the context of 2009 Act enacted to implement Article 21-A of the Constitution. At the outset, the question that arises for consideration is what was the intention of Parliament? Is the 2009 Act intended to apply to unaided minority schools?

¶8448

xxx xxx xxx

¶8449

62. Reservations of 25% in such unaided minority schools result in changing the character of the schools if right to establish and administer such schools flows from the right to conserve the language, script or culture, which right is conferred on such unaided minority schools. Thus, the 2009 Act including Section 12(1)(c) violates the right conferred on such unaided minority schools under Article 30(1).

¶8450

63. However, when we come to aided minority schools we have to keep in mind Article 29(2). As stated, Article 30(1) is subject to Article 29(2). The said article confers right of admission upon every citizen into a State-aided educational

¶8451

W.A.No.173 of 2019 & connected cases

¶8452

- 662 -

¶8453

institution. Article 29(2) refers to an individual right. It is not a class right. It applies when an individual is denied admission into an educational institution maintained or aided by the State. The 2009 Act is enacted to remove barriers such as financial barriers which restrict his/her access to education. It is enacted pursuant to Article 21-A. Applying the above tests, we hold that the 2009 Act is constitutionally valid qua aided minority schools".

¶8454

{underlining by us for emphasis}

¶8455

26. The question specifically considered by the Hon'ble Supreme Court as noticed from paragraph 59 is the application of the 2009 Act [RTE Act]. In paragraph 62 it was categorically held that " 2009 Act including Section 12(1)(c) violates the right conferred on such aided minority schools under Article 30(1) ". Paragraph 63, wherein the Act of 2009 was found to be 'constitutionally valid qua aided minority schools' has been overturned by a Larger Bench in Pramati Educational and Cultural Trust , from which we notice paragraph 56:

¶8456

"56. In the result, we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-sixth Amendment) Act, 2002 inserting Article 21-A of the Constitution do not alter the basic structure or

¶8457

W.A.No.173 of 2019 & connected cases

¶8458

- 663 -

¶8459

framework of the Constitution and are constitutionally valid. We also hold that the 2009 Act is not ultra vires Article 19(1)(g) of the Constitution. We, however, hold that the 2009 Act insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution is ultra vires the Constitution. ..."

¶8460

{underlining by us for emphasis}

¶8461

27. We cannot disagree or differ from the binding precedents of the aforesaid decisions and we have to find the minority institutions to be excluded from the RTE Act and the mandate of recognition. But, however, in getting an affiliation from a duly constituted Board, the Regulations framed are mandatory in character. Necessarily even a minority institution will have to comply with the terms or conditions for affiliation under the respective Boards. We noticed at the outset that we are only concerned with the elementary education, for which, according to Sri.Mohan Jacob George, learned Counsel appearing for certain appellants-managements; even a non-minority institution would not require a recognition if the affiliation norms of

¶8462

a Board does not provide for such recognition to be obtained from the Government. We also notice that there is not a single non-minority institution before us in appeal.

¶8463

W.A.No.173 of 2019 & connected cases

¶8464

- 664 -

¶8465

28. Sri.Mohan Jacob George has argued that there

¶8466

are many Boards other than CBSE and ICSE, which are recognized by the Universities within the State itself, like Edexcel IGCSE, GCE 'O' level and 'A; level, which are recognized as equivalent to 10+2. There is also National Institute of Open Schooling, which affiliates schools for Open Basic Education (OBE) programmes with 'A' Level equivalent to Class I to III, 'B' Level with Class I to V and 'C' Level with Class I to VIII. The CBSE Regulations also speaks of affiliation from the Middle Level and does not speak of affiliation from a Primary Level. The contention raised is that there are many individuals and institutions, incorporated and otherwise, who carry on elementary education in backward areas to equip the children from such backward areas for a better tomorrow. They provide facilities far in excess of that provided by

¶8467

the Government, purely as a charitable activity and there cannot be a shutting down of such institutions on the

¶8468

ground of there being no educational need or a rejection simpliciter of recognition by the State Government. We reiterate, there is no such institution in appeal before us.

¶8469

W.A.No.173 of 2019 & connected cases

¶8470

- 665 -

¶8471

29. We again have to notice that the RTE Act and

¶8472

the provisions therein apply only to elementary education, to consider whether minority and non-minority schools require recognition of the State. We also have to pertinently observe that the mere fact that some institution or individuals from the minority community, are providing elementary education in backward areas for students, of their community, from the marginalized sections of society, cannot be a reason to assume that these students would not proceed further than, elementary education. Hence, what is required in providing elementary education is to equip them for the Secondary, Higher Secondary and University streams of education. A system of education which does not enable the students to get themselves admitted to Secondary or Higher Secondary education cannot at all be encouraged. We have to consider such situations or aspects separately and we would first look at the contention raised of the non-minority institutions not requiring recognition for conduct of elementary schools, for completeness, despite no such institution having filed an appeal.

¶8473

30. Secondary and Higher Secondary education, is absolutely necessary to enable a student to move on to an

¶8474

- 666 -

¶8475

W.A.No.173 of 2019 & connected cases

¶8476

University. The Secondary and Higher Secondary examinations and evaluation have to be by the recognized Boards, either at the State level or the National level. In seeking an affiliation with either of such Boards, definitely the affiliation norms has also to be complied with. As far as elementary education by a non-minority institution, the RTE Act applies squarely. We look at Section 29 of the Act, under Chapter V, which speaks of "Curriculum and Completion of Elementary Education". Section 29(1) provides that curriculum and evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. It is admitted that the appropriate Government has prescribed SCERT as the academic authority, under Rule 20 of the Rules of 2011. The schools affiliated to a Board of Examinations recognized for the purpose of conducting Secondary and Higher Secondary examinations; enabling further University education, follows a recognized curriculum and evaluation procedure. If an elementary school does not follow such curriculum and evaluation procedure, the students studying therein cannot proceed further to the Secondary or Higher Secondary level as also aspire to the University stream. We, hence, find the

¶8477

- 667 -

¶8478

W.A.No.173 of 2019 & connected cases

¶8479

recognition and affiliation to be necessary for establishment of an elementary school by a non-minority institution, the recognition being granted by the State Government under the RTE Act and the affiliation by the respective Boards as per the terms and conditions in their Regulations. As we noticed hereinabove when such recognition has been granted on the basis of the affiliation norms a NOC by the State Government is automatic. We also have to provide a caveat in so far as the affiliation being at the discretion of the respective Boards; despite a recognition granted and NOC issued by the State Government.

¶8480

31. On the question of minority institutions, the issue stands covered by the decisions of the Hon'ble Supreme Court above referred and for carrying on elementary education, they require no recognition under the RTE Act. We can only make a reservation insofar as the minority institutions stand alone with elementary education or also admitting students to Secondary and Higher Secondary level, necessarily requires an affiliation from either of the recognized Boards of Secondary and Higher Secondary examinations, without which the students passing out from the 8^th standard would otherwise be deprived of the

¶8481

W.A.No.173 of 2019 & connected cases

¶8482

- 668 -

¶8483

Secondary and Higher Secondary education and would also be, not admitted to the University stream. Hence, despite the application of the RTE Act being excluded, recognition would have to be obtained as per the Regulations of the Board of Examinations under which they seek affiliation. If there is a prescription for recognition as is found in the affiliation norms of the CBSE, necessarily the minority institutions would have to obtain that in accordance with such terms and conditions as stipulated for affiliation.

¶8484

32. It is also an admitted fact that the minority institutions carrying on Secondary and Higher Secondary education, have been complying with such terms and conditions of affiliation even prior to the RTE Act. The promulgation of the RTE Act and the statutory mandate of recognition brought in, which has been held to be not applicable to minority institutions by the Hon'ble Supreme Court, cannot lead to the norms of affiliation being

¶8485

rendered nugatory with respect to the minority institutions; which they were obliged to follow even earlier. In this context we notice the decision of Constitutional Bench, comprised of six learned Judges, in Sidhrajbhai v. State of Gujarat [1963(3)SCR 837].

¶8486

W.A.No.173 of 2019 & connected cases

¶8487

- 669 -

¶8488

33. In Sidhrajbhai the rules framed by the

¶8489

Government for reservation of seats, under orders of Government upto 80% and the threat to withhold grant-in-aid and recognition on failure to concede, were held to infringe the fundamental freedom guaranteed to a minority institution under Article 30(1). But the following extracts are apposite:

¶8490

"10. ... All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice; and any law or executive direction which seeks to infringe the substance of that right under Article 30 (1) would to that extent be void. This, however, is not to say that it is not open to the State to impose regulations upon the exercise of this right. The fundamental freedom is to establish and to administer educational institutions: it is a right to establish and administer what are in truth educational institutions-institutions which cater to the educational needs of the citizens, or sections thereof. Regulation made in the true interests of efficiency of instruction, discipline, health, sanitation, morality, public order and the like may undoubtedly be imposed. Such regulations are not restrictions on the substance of the right which is guaranteed: they secure the proper functioning of the institutions, in matters

¶8491

- 670 -

¶8492

W.A.No.173 of 2019 & connected cases

¶8493

educational.

¶8494

xxx xxx xxx

¶8495

15. The right established by Article 30(1) is a fundamental right declared in terms absolute. Unlike the fundamental freedoms guaranteed by Article 19 it is not subject to reasonable restrictions. It is intended to be a real right for the protection of the minorities in the matter of setting up of educational institutions of their own choice. The right is intended to be effective and is not to be whittled down by so-called regulative measures conceived in the interest not of the minority educational institution, but of the public or the nation as a whole. If every order which while maintaining the formal character of a minority institution destroys the power of administration is held justifiable because it is in the public or national interest, though not in its interest as an educational institution the right guaranteed by Article 30(1) will be but a “teasing illusion” a promise of unreality. Regulations which may lawfully be imposed either by legislative or executive action as a condition of receiving grant or of recognition must be directed to making the institution while retaining its character as a minority institution effective as an educational institution. Such regulation must satisfy a dual test-the test of reasonableness, and the test that it is regulative of the educational character of the institution and is conducive to making the institution an effective vehicle of education for

¶8496

- 671 -

¶8497

W.A.No.173 of 2019 & connected cases

¶8498

the minority community or other persons who resort to it".

¶8499

34. Sidhrajbhai also copiously referred to Kerala Education Bill, 1957, In re : 1959 SCR 995, and the now famous quote that “ the right to administer did not include a right to maladminister, and the minority could not ask for aid or recognition for an educational institution run by them in unhealthy surroundings, without any competent teachers possessing any semblance of qualification, and which did not maintain even a fair standard of teaching or which taught matters subversive of the welfare of the scholars ”.

¶8500

35. Apposite also would be reference to the following paragraphs from State of Kerala v. Very Reverend Mother Provincial [(1970) 2 SCC 417]; another Constitution Bench of co-equal strength:

¶8501

"9. The next part of the right relates to the administration of such institutions. Administration means “management of the affairs” of the institution. This management must be free of control so that the founders or their nominees can mould the institution as they think fit, and in accordance with their ideas of how the interests of the community in general and the institution in particular will be best served. No part of this management can be taken away and vested

¶8502

- 672 -

¶8503

W.A.No.173 of 2019 & connected cases

¶8504

in another body without an encroachment upon the guaranteed right.

¶8505

10. There is, however, an exception to this and it is that the standards of education are not a part of management as such. These standards concern the body politic and are dictated by considerations of the advancement of the country and its people. Therefore, if universities establish the syllabi for examinations they must be followed, subject however to special subjects which the institutions may seek to teach, and to a certain extent the State may also regulate the conditions of employment of teachers and the health and hygiene of students. Such regulations do not bear directly upon management as such although they may indirectly affect it. Yet the right of the State to regulate education, educational standards and allied matters cannot be denied. The minority institutions cannot be allowed to fall below the standards of excellence expected of educational institutions, or under the guise of exclusive right of management, to decline to follow the general pattern. While the management must be left to them, they may be compelled to keep in step with others. These propositions have been firmly established in State of Bombay v. Bombay Education Society^{(1955) 1} SCR 568 , State of Madras v. S.C. Dorairajan⁽¹⁹⁵¹⁾ SCR 525 , In re the Kerala Education Bill, 1957¹⁹⁵⁹ SCR 995 , Sidharajbhai v. State of Gujarat^{(1963) 3} SCR 837 , Katra Education Society v. State of U.P.

¶8506

W.A.No.173 of 2019 & connected cases

¶8507

- 673 -

¶8508

(1966) 3 SCR 828 , Gujarat University, Ahmedabad v. Krishna Ranganath Mudholkar^{(1963) Suppl 1 SCR 112} and Rev. Father W. Proost v. State of Bihar^{(1969) 2} SCR 73 . In the last case it was said that the right need not be enlarged nor whittled down. The Constitution speaks of administration and that must fairly be left to the minority institutions and no more. Applying these principles we now consider the provisions of the Act".

¶8509

We would also, in this context, refer to paragraph 139 of T.M.A.Pai Foundation v . State of Karnataka [ (2002) 8 SCC 481] , which we extract hereunder:

¶8510

“139. Like any other private unaided institutions, similar unaided educational institutions administered by linguistic or religious minorities are assured maximum autonomy in relation thereto; e.g. method of recruitment of teachers, charging of fees and admission of students. They will have to comply with the conditions of recognition, which cannot be such as to whittle down the right under Article 30”.

¶8511

(underlining by us for emphasis)

¶8512

If the conditions of recognition apply even to unaided private minority institutions, definitely it applies to aided private minority institutions.

¶8513

- 674 -

¶8514

W.A.No.173 of 2019 & connected cases

¶8515

36. Hence, it is not as if the State cannot impose

¶8516

any conditions for recognition of a minority institution. Here the State has insisted only for following the norms and regulations of the affiliating Boards. The Boards of Examinations like the CBSE, ICSE and even the State Board has prescribed the essential conditions of affiliation only with the intention of making the affiliated schools better and effective vehicles of education. It is imperative that the minority institutions also follow the general accepted patterns of education prevalent in the country. They cannot be permitted to have their own syllabi or a syllabi of an unrecognized examination body/board which would frustrate the aspiration of a student for higher education. A minority institution cannot be heard to proclaim that it would provide an education to the students, at least or even to those sourced from that community, which, even if not generally accepted or enabling higher studies, would according to the tenets of that community equip the students to a better life. The State in such circumstances definitely has the authority to step in and bring the institution to the mainstream of the educational system followed within it territories, which is in public interest. Though we hold, respectfully following the

¶8517

W.A.No.173 of 2019 & connected cases

¶8518

- 675 -

¶8519

decisions of the Hon'ble Supreme Court that the RTE Act is not applicable to minority institutions, we, nevertheless find such minority institutions also to be necessarily affiliated under recognized Boards of Examination, even if any such institution imparts only elementary education. Otherwise, the vision behind providing for free and compulsory elementary education would be defeated and the aspirations to proceed for higher education stand frustrated; of the students studying in un-affiliated schools.

¶8520

37. W.A.No.521 of 2019 is by a non-minority

¶8521

institution, where the learned Senior Counsel Sri.R.D.Shenoi has a contention with respect to Section 19 of the RTE Act. According to him, with respect to a school established before the commencement of the Act, the mandate is only to take steps, to fulfil the norms and standards specified in the Schedule, within a period of three years

¶8522

from the date of commencement of the Act. It is the submission of the learned Senior Counsel that the respondent-institution has commenced the steps; but, however, the same is not completed, which enables the continuance of the school. We need only look at Section 18(3) to summarily reject the above contention. When a

¶8523

W.A.No.173 of 2019 & connected cases

¶8524

- 676 -

¶8525

school fails to fulfil the norms and standards within the period prescribed under sub-section (2), the authority prescribed under sub-section (1) is required, under sub-section (3), to withdraw the recognition granted to the school.

¶8526

38. We, hence, dispose of all the appeals in the following manner:

¶8527

(i) The appeals of the State, challenging the finding of the learned Single Judge that educational need or saturation of the same cannot be a reason to reject the application for recognition, are rejected upholding the view taken by the learned Single Judge.

¶8528

(ii) We find the order in review to be incompetent to upset the judgment in the Writ Petitions and as a result, the guidelines produced in the review is of no consequence.

¶8529

(iii) We uphold the stand of the Government, taken at this appellate stage, of considering recognition under the RTE Act by verifying the compliance of the Schedule under the Act and the affiliation norms of Secondary and Higher Secondary Examination Boards. We, however, leave open the challenge to the Government Orders G.O.(Ms) No.22/2019/GEDN dated 01.03.2019 and G.O.(Ms) No.45/2019/GEDN dated 22.05.2019, subject to our above finding.

¶8530

W.A.No.173 of 2019 & connected cases

¶8531

- 677 -

¶8532

(iv) The minority institutions carrying on elementary

¶8533

education are saved from the application of the RTE Act, 2009. But even they have to get affiliations from recognized Boards of Examinations and comply with the terms of the affiliating body/board. If recognition of the State is prescribed by that body/board; it has to be obtained, in the terms above declared. The minority institutions too thus have to be affiliated to one recognized Board or another, lest otherwise it would be no “effective vehicle of education” (sic Sidhrajbhai - para 15) .

¶8534

(v). The State in considering recognition either under the RTE Act and as stipulated by the affiliating board/body is competent to look into the norms and conditions of affiliation as prescribed by the affiliating board/body and when so satisfied as to the grant of recognition, shall also issue a NOC as required.

¶8535

(vi). The State can prescribe such further conditions under the RTE Act, which are not onerous, impractical or arbitrary; without diluting the Schedule under Section 19, in public interest, the grievance against which are to be individually tested, on the anvil of reasonableness.

¶8536

(vii) The non-minority institutions even if confined to elementary education, are required to comply with the

¶8537

W.A.No.173 of 2019 & connected cases

¶8538

- 678 -

¶8539

provisions of the RTE Act.

¶8540

39. On the above findings, the appellants in W.A.No.2051 of 2018, who are minority institutions are entitled to seek for the appeal to be allowed. All the petitioners, minority institutions, have been affiliated even prior to the commencement of the RTE Act, which affiliation is continued. There can be no closing down of such schools, since the requirement for a recognition under the RTE Act, does not apply to minority institutions. W.A.No.2051 of 2018, hence, stands allowed.

¶8541

The Writ Appeals of the State are rejected. Those of the individual parties are disposed of with the above declarations and directions. The interlocutory applications filed in these appeals, which are pending, seeking acceptance of document(s) are allowed. All other pending interlocutory applications are closed. Parties are left to suffer their respective costs.

¶8542

Sd/K.VINOD CHANDRAN JUDGE

¶8543

Sd/V.G.ARUN JUDGE

¶8544

Vku/-

¶8545

- 679 -

¶8546

W.A.No.173 of 2019 & connected cases

¶8547

APPENDIX OF WA 173/2019

¶8548

PETITIONER'S/S EXHIBITS:

¶8549

ANNEXURE-1 TRUE COPY OF THE G.O(MS) NO.22/2019/G.EDN. DATED 01.03.2019 ANNEXURE-2 TRUE COPY OF G.O.(RT) NO.1543/2019/G.EDN DATED 30.04.2019

¶8550

- 680 -

¶8551

W.A.No.173 of 2019 & connected cases

¶8552

APPENDIX OF WA 363/2019

¶8553

PETITIONER'S/S EXHIBITS:

¶8554

ANNEXURE-1 TRUE COPY OF THE G.O(MS) NO.45/2019 G.EDN DATED 22.05.2019

¶8555

- 681 -

¶8556

W.A.No.173 of 2019 & connected cases

¶8557

APPENDIX OF WA 367/2019

¶8558

PETITIONER'S/S EXHIBITS:

¶8559

ANNEXURE I

¶8560

TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE VETTIKAVALA GRAMA PANCHAYATH DATED 23.3.2019.

¶8561

- 682 -

¶8562

W.A.No.173 of 2019 & connected cases

¶8563

APPENDIX OF WA 404/2019

¶8564

PETITIONER'S/S EXHIBITS:

¶8565

ANNEXURE R1(A) COPY OF THE SAID PROFORMA SURVEY REPORT OF TEH ASSISTANT EDUCATIONAL OFFICER PARLI RECOMMENDING THE FIRST RESPONDENT SCHOOL FOR RECOGNITION UNDER THE KERALA EDUCATION ACT AND ITS RULES.

¶8566

ANNEXURE R1(B) PHOTOGRAPHS OF SCHOOLS, ANNEXURE R1(C) COPY OF G.O.(MS)22/2019/G.EDN DATED 1.3.2019.

¶8567

- 683 -

¶8568

W.A.No.173 of 2019 & connected cases

¶8569

APPENDIX OF WA 415/2019

¶8570

RESPONDENT'S/S EXHIBITS:

¶8571

ANNEXURE R3 (A) COPY OF THE NOTIFICATION F.NO.1-15/2010-EE 4 (PT) DATED 26.10.2012

¶8572

- 684 -

¶8573

W.A.No.173 of 2019 &

¶8574

connected cases

¶8575

APPENDIX OF WA 421/2019

¶8576

RESPONDENT'S/S EXHIBITS:

¶8577

ANNEXURE R1(A) COPY OF G.O.(MS)181/2013/G.EDN. DATED 03.06.2013.

¶8578

ANNEXURE R1(B) PHOTOGRAPHS OF SCHOOLS. ANNEXURE R1(C) COPY OF G.O.(MS)NO.22/2019/GEDN DATED 01.03.2019.

¶8579

ANNEXURE R7(A) PHOTOGRAPHS. ANNEXURE R7(B) COPY OF G.O.(MS)NO.22/2019. ANNEXURE R5 (A) COPY OF THE APPLICATION SUBMITTED IN FORM NO.3. ANNEXURE R5 (B) COPY OF G.O.(MS)NO.22/2019/GEDN. DATED 01.03.2019.

¶8580

- 685 -

¶8581

W.A.No.173 of 2019 & connected cases

¶8582

APPENDIX OF WA 505/2019

¶8583

RESPONDENT'S/S EXHIBITS:

¶8584

ANNEXURE R1(A) PHOTOGRAPHS OF THE SCHOOLS RUN AND SPONSORED BY THE APPELLANTS.

¶8585

ANNEXURE R1(B) PHOTOGRAPHS OF THE FIRST RESPONDENT SCHOOL.

¶8586

- 686 -

¶8587

W.A.No.173 of 2019 & connected cases

¶8588

APPENDIX OF WA 507/2019

¶8589

RESPONDENT'S/S EXHIBITS:

¶8590

ANNEXURE R1(A) TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.1/2018 WITH ALL EXHIBITS.

¶8591

- 687 -

¶8592

W.A.No.173 of 2019 & connected cases

¶8593

APPENDIX OF WA 546/2019

¶8594

RESPONDENT'S/S EXHIBITS:

¶8595

ANNEXURE -R1(A) THE TRUE COPY OF THE INTERIM ORDER DATED 31.1.2019 IN WAS NO.173/2019 PASSED BY THIS HON'BLE COURT

¶8596

ANNEXURE -R1(B) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.22/2019 GEDN DATED 01.03.2019 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF STATE OF KERALA

¶8597

- 688 -

¶8598

W.A.No.173 of 2019 & connected cases

¶8599

APPENDIX OF WA 582/2019

¶8600

RESPONDENT'S/S EXHIBITS:

¶8601

ANNEXURE -R1(A) COPY OF THE MINORITY CERTIFICATE ANNEXURE -R1(B) CERTIFICATE ISSUED BY NIOS ANNEXURE -R1(C) COPY OF THE RECOGNITION CERTIFICATE DATED 17.05.2016 ISSUED BY EDEXCEL ANNEXURE-R1(D) COPY OF THE NOTIFICATION DATED 27.03.2018 ALONG WITH THE COMMUNICATION DATED 14.03.2018 OF THE MINITRY OF HUMAN RESOURCES ANNEXURE-R1(E) COPY OF ORDER DATED 27.07.2011 OF THE KERALA UNIVERSITY ANNEXURE-R1(F) COPY OF COMMUNICATION DATED 18.01.2017 OF THE ASSOCIATION OF INDIAN UNIVERSITIES

¶8602

- 689 -

¶8603

W.A.No.173 of 2019 & connected cases

¶8604

APPENDIX OF WA 630/2019

¶8605

PETITIONER'S/S EXHIBITS:

¶8606

ANNEXURE R8(A) COPY OF THE JUDGMENT DATED 31.07.2018 IN W.P.(C) 25656/2018 ANNEXURE R8(A) COPY OF THE JUDGEMENT DATED 16.08.2018 IN W.P.(C) 27799/2018.

¶8607

ANNEXURE R8(C) COPY OF THE JUDGEMENT DATED 30.08.2018 IN W.P.(C) NO. 28567/2018.

¶8608

ANNEXURE R8(D) PHOTOGRAPHS. ANNEXURE R1(A) COPY OF THE DATA CAPTURE FORMAL FOR UDISE ANNEXURE R1(B) COPY OF THE APPLICATION SUBMITTED BY THE 4TH RESPONDENT IN FORM NO.3. ANNEXURE R1(C) COPY OF THE COMMUNICATION DATED 29.04.2019 GIVEN TO THE 4TH RESPONDENT.

¶8609

ANNEXURE R1(D) PHOTOGRAPHS.

¶8610

- 690 -

¶8611

W.A.No.173 of 2019 & connected cases

¶8612

APPENDIX OF WA 634/2019

¶8613

RESPONDENT'S/S EXHIBITS:

¶8614

ANNEXURE R1 (a) PHOTOGRAPH OF THE 4TH RESPONDENT SCHOOL. ANNEXURE R1 (b) PHOTOGRAPH OF G.M.L.P.SCHOOL, PUTHUCODE, PALAKKAD. ANNEXURE R1 (c) COPY OF G.O.(MS.)NO.22/2019/GEDN DATED 01.03.2019.

¶8615

- 691 -

¶8616

W.A.No.173 of 2019 & connected cases

¶8617

APPENDIX OF WA 684/2019

¶8618

RESPONDENT'S/S EXHIBITS:

¶8619

ANNEXURE R6 (a) COPY OF THE TRUST DEED. ANNEXURE R6 (b) COPY OF THE APPLICATION SUBMITTED IN FORM NO.3 ANNEXURE R6 (c) COPY OF THE NOTE RETURNING THE APPLICATION OF THIS RESPONDENT. ANNEXURE R6 (d) COPY OF G.O.(MS) NO.22/2019/GEDN DATED 01.03.2019. ANNEXURE R6 (e) PHOTOGRAPHS OF CERTAIN GOVERNMENT SCHOOLS IN THE LOCALITY.

¶8620

[ TRUE COPY ]

Government of Kerala, v. Darusalam High School

Case brief

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Government of Kerala, v. Darusalam High School

Case brief

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