Disposed

Preetha S.B. v. State of Kerala

Kerala HC5 Dec 2022WP(C)/17147/2022

Case brief

AI extract

What is this about?

Two writ petitions challenging the non-approval of non-vocational teacher appointments. The Court directed the Director of General Education to consider the petitions on merits regarding approval and service benefits within three months, focusing on the fulfillment of disability reservation obligations in the managing school.

What did the court decide?

Direction to the 2nd respondent to consider the petitions on merits, pass appropriate orders, and decide within three months.

Preetha S.B. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 5^TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944

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WP(C) NO. 17124 OF 2022

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PETITIONERS:

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1AKHILA S
NON-VOCATIONAL TEACHER IN COMMERCE (JUNIOR),
PATTOM THANUPILLAI MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL
MARUTHOORKONAM
KOTTUKAL P.O, BALARAMAPURAM
THIRUVANANTHAPURAM, PIN - 695501

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2ADARSH D.S.
THE MANAGER
PATTOM THANUPILLAI MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL
MARUTHOORKONAM
KOTTUKAL P.O, BALARAMAPURAM
THIRUVANANTHAPURAM-695501.
BY ADV A.ARUNA

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

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W.P.(C) Nos.17124 & 17147 of 2022

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3 ASSISTANT DIRECTOR OFFICE OF THE ASSISTANT DIRECTOR, VHSE REGIONAL OFFICE KOLLAM, PIN - 691001

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4 DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON05.12.2022,ALONGWITHWP(C).17147/2022,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.17124 & 17147 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 5THDAY OF DECEMBER 2022 / 14TH AGRAHAYANA,1944

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WP(C) NO. 17147 OF 2022

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PETITIONERS:

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1PREETHA S.B.
NON-VOCATIONAL TEACHER IN ENTREPRENEURSHIP AND
DEVELOPMENT (JUNIOR),
PATTOM THANUPILLAI MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL
MARUTHOORKONAM
KOTTUKAL P.O, BALARAMAPURAM
THIRUVANANTHAPURAM, PIN - 695501

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2ADARSH D.S.
THE MANAGER
PATTOM THANUPILLAI MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL
MARUTHOORKONAM
KOTTUKAL P.O, BALARAMAPURAM
THIRUVANANTHAPURAM, PIN - 695501
BY ADV A.ARUNA

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,

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W.P.(C) Nos.17124 & 17147 of 2022

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JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

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3ASSISTANT DIRECTOR
OFFICE OF THE ASSISTANT DIRECTOR,
VHSE REGIONAL OFFICE
KOLLAM, PIN - 691001

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4 DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 BY NISHA BOSE, SR GOVERNMENT PLEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON05.12.2022,ALONGWITHWP(C).17124/2022,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.17124 & 17147 of 2022

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JUDGMENT

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The 2nd petitioner in these writ petitions is functioning as the Manager of the Pattom Thanu Pillai Memorial Vocational Higher Secondary School, Maruthoorkonam. The 1st petitioner in W.P.(C) No.17147 of 2022 was appointed in the vacancy of Non-vocational teacher in Entrepreneurship and Development (ED) (Jr), which arose on 01.06.2020 on account of the retirement of a teacher. The 1st petitioner in W.P.(C) No.17124 of 2022 was appointed in the vacancy of Non-vocational teacher in Commerce (Jr), which arose on 31.03.2017 on account of retirement. They are before this Court seeking to declare that their appointment as Non-vocational Teacher in ED and Non-vocational Teacher in Commerce with effect from the respective dates is liable to be approved and also for a declaration that they are entitled to get service benefits attached to the respective posts.

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It is the case of the petitioners that selection was carried out in accordance with the directions issued by the 2nd respondent, and the interview was also conducted by a duly elected Selection Board. The

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W.P.(C) Nos.17124 & 17147 of 2022

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selection of the 1st petitioner in both cases was also approved by the 2nd respondent. The petitioners contend that in the schools run by the 2nd petitioner, a person with disability had also been appointed. However, the said person resigned from service. It is the specific assertion that the directions issued by this Court in W.P.(C) No.19808 of 2021, insofar as it concerns the right of persons with disabilities, cannot be made applicable to the 2nd petitioner school. The petitioners assert that a person with disability was already appointed as a vocational teacher, the mandate of providing reservation to persons with disabilities have been complied with, and therefore it cannot be said that there is a backlog vacancy due to persons with disabilities which is required to be filled up in the school. It is therefore contended that there is no justification in refusing to approve the appointment of the 1st petitioner in the respective writ petitions.

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A counter affidavit has been filed by the 2nd respondent in these writ petitions. It is stated that the Government has taken a uniform decision in all three wings of General Education, namely, Elementary and Secondary Education, Higher Secondary Education, and Vocational Higher Secondary Education, to stop further appointment and approval till a decision regarding the reservation for differently abled is formulated by the

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W.P.(C) Nos.17124 & 17147 of 2022

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Government. It is further stated that this Court has disposed of W.P.(C) No.19808 of 2021 filed by Sri. A.J Varghese and directions were issued to implement the provisions of the Rights of Persons with Disabilities Act, 2016, and this Court had also declared that the cut-off date is 18.11.2018. It is stated that from 18.11.2018 onwards, the managers are bound to fill up vacancies in accordance with the Disabilities Act, 2016. It is also stated that the contention of the manager that one differently-abled person was appointed during 1998, which satisfies the requirement of the Act to give reservation to Persons with Disabilities, cannot be sustained. It is also stated that the appointment made during that time was not to fulfill the purpose of reservation to the differently abled.

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Smt.Aruna A, the learned counsel appearing for the petitioners, submits that the stand taken by the respondents cannot be sustained under law. According to the learned counsel, the 2nd petitioner has already fulfilled the obligation to appoint a person with a disability, and they cannot be directed to fill up the backlog vacancies as the total number of posts in the school is less than 25.

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The learned Government Pleader submits that the Government

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has come up with G.O.(MS) No.17/SJD, pursuant to directions issued by

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W.P.(C) Nos.17124 & 17147 of 2022

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Kerala Administrative Tribunal in O.A No.2139 of 2016, and a decision has been taken. Smt. Aruna would contend that a reading of the Government Order would reveal that the said order has nothing to do with the contentions advanced by the petitioners, as the said order has nothing to do with the appointment of disabled persons in aided schools.

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I find that the 2nd petitioner has already approached the 2nd respondent and has preferred Ext.P23 produced in both the writ petitions. As the contentions advanced by the learned counsel hinge on whether the obligation of the manager to appoint the disabled person has been satisfied or not, I am of the view that the same can be considered by the 2nd respondent in the light of Government orders and also G.O.(MS) No.17/SJD.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 2nd respondent to take up,

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consider and pass appropriate orders on Ext.P23, after affording an opportunity of being heard, either physically

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W.P.(C) Nos.17124 & 17147 of 2022

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or virtually, to the petitioners herein or their authorized representative in the light of observations and directions issued by this Court in W.P.(C) No. 19808/2021 and the applicable Government Orders.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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These writ petitions are disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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W.P.(C) Nos.17124 & 17147 of 2022

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APPENDIX OF WP(C) 17147/2022

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PETITIONERS’ EXHIBITS:

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`Exhibit P1`	`TRUE COPY OF THE ORDER NO. B4/1674/2017/D.S` `DATED 13.11.2019 PASSED BY DISTRICT` `EDUCATIONAL OFFICER, NEYYATTINKARA`
`Exhibit P2`	`TRUE COPY OF THE COMMUNICATION NO.` `E3/3772/2020 DATED 20.11.2020`
`Exhibit P3`	`TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN` `MATHRUBHUMI NEWSPAPER ON 16.12.2020`
`Exhibit P4`	`TRUE COPY OF THE LIST OF CANDIDATES APPLIED` `FOR THE SELECTION AND APPOINTMENT, IN` `PURSUANCE TO EXT.P3`
`Exhibit P5`	`TRUE COPY OF THE COMMUNICATION NO.` `L1/1639/2020 DATED 23.06.2021 ISSUED BY THE` `3RD RESPONDENT`
`Exhibit P6`	`TRUE COPY OF THE ORDER NO. E3/3772/2020 DATED` `18.08.2021 ISSUED BY THE 2ND RESPONDENT`
`Exhibit P7`	`TRUE COPY OF THE APPOINTMENT 95/PTM/VHS/2021` `APPOINTING THE 1ST PETITIONER AS`
	`NON-VOCATIONAL TEACHER IN ED (JUNIOR)`
`Exhibit P8`	`TRUE COPY OF THE REPRESENTATION NO.` `7/PTM/VHS/2022 DATED 25.03.2022 SUBMITTED BY` `THE 2ND PETITIONER TO THE 2ND RESPONDENT`
`Exhibit P9`	`TRUE COPY OF THE INTERIM ORDER DATED` `23.09.2021 IN WP(C) 19808 OF 2021 PASSED BY`

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W.P.(C) Nos.17124 & 17147 of 2022

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	`THE HON'BLE HIGH COURT OF KERALA`
`Exhibit P10`	`TRUE COPY OF THE ORDER DATED 23.12.2021 IN IA` `NO. 3/2021 IN WP(C) 19808 OF 2021 ISSUED BY` `THE HON'BLE HIGH COURT OF KERALA`
`Exhibit P11`	`TRUE COPY OF THE G.O(MS)NO. 19/2020/SJD DATED` `25.08.2020`
`Exhibit P12`	`TRUE COPY OF THE INTERIM ORDER DATED` `14.03.2022 IN WP(C) NO.8090 OF 2022 ISSUED BY` `THE HON'BLE HIGH COURT OF KERALA`
`Exhibit P13`	`TRUE COPY OF THE ORDER NO.` `SCDCI/223490/2021/HSE DATED 01.02.2022`
`Exhibit P14`	`TRUE COPY OF THE APPOINTMENT ORDER OF` `UNNIKRISHNAN B. AS VOCATIONAL LECTURER IN ECG` `AND AUDIOMETRY W.E.F 03.06.1996`
`Exhibit P15`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `SERVICE BOOK SRI. UNNIKRISHNAN B.`
`Exhibit P16`	`TRUE COPY OF THE G.O (P) 249/84/FIN. DATED` `09.05.1984`
`Exhibit P17`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `NOTIFICATION DATED 04.01.2018 ISSUED BY THE` `MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT`
`Exhibit P18`	`TRUE COPY OF THE LIST OF APPOINTMENTS MADE IN` `THE 2ND PETITIONERS SCHOOL PREPARED BY THE` `2ND PETITIONER`
`Exhibit P19`	`TRUE COPY OF THE G.O (P) NO. 18/2018/SJD` `DATED 18.11.2018`
`Exhibit P20`	`TRUE COPY OF THE GO(P) NO. 19/2021/GEDN DATED` `08.11.2021`

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W.P.(C) Nos.17124 & 17147 of 2022

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EXHIBIT P21TRUE COPY OF THE G.O (MS)NO.111/2022/GEDN
DATED 25.06.2022

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`Exhibit P22`	`True copy of the relevant pages of file no.` `E3/3772/2020 maintained at the office of the` `2nd respondent`
`Exhibit P23`	`TRUE COPY OF THE COMMUNICATION NO.` `40/PTM/MGT/2022 DATED 20.10.2022 SUBMITTED BY` `THE 2ND PETITIONER TO THE 3RD RESPONDENT`
`RESPONDENTS’` `EXHIBITS`
`Exhibit R2(a)`	`True copy of GO(Rt). 111/2022/GEDN dated.` `25.6.22.`

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W.P.(C) Nos.17124 & 17147 of 2022

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APPENDIX OF WP(C) 17124/2022

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PETITIONERS’ EXHIBITS:

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`Exhibit P1`	`TRUE COPY OF THE ORDER NO.B4/1674/2017/D.S` `DATED 13.11.2019 PASSED BY DISTRICT` `EDUCATIONAL OFFICER, NEYYATTINKARA`
`Exhibit P2`	`TRUE COPY OF THE COMMUNICATION NO. E3/83/2020` `DATED 07.02.2020 ISSUED BY THE 2ND RESPONDENT`
`Exhibit P3`	`TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN` `KERALA KAUMUDI NEWSPAPER ON 27.02.2020`
`Exhibit P4`	`TRUE COPY OF THE LIST OF CANDIDATES APPLIED` `FOR SELECTION AND APPOINTMENT IN PURSUANCE TO` `EXT.P3`
`Exhibit P5`	`TRUE COPY OF THE COMMUNICATION NO.` `L1/4920/2019 DATED 30.04.2020 ISSUED BY THE` `3RD RESPONDENT`
`Exhibit P6`	`TRUE COPY OF THE ORDER NO. E3/83/2020 DATED` `24.12.2020 ISSUED BY THE 2ND RESPONDENT`
`Exhibit P7`	`TRUE COPY OF THE ORDER NO. G. O(RT) NO.` `3287/2021/G. EDN DATED 06.07.2021`
`Exhibit P8`	`TRUE COPY OF THE APPOINTMENT ORDER NO.` `79/PTM/VHS/2021 DATED 15.07.2021 APPOINTING` `THE PETITIONER AS NON-VOCATIONAL TEACHER IN` `COMMERCE (JUNIOR)`
`Exhibit P9`	`TRUE COPY OF THE REPRESENTATION NO.` `7/PTM/VHS/2022 DATED 25.03.2022 SUBMITTED BY` `THE 2ND PETITIONER TO THE 2ND RESPONDENT`

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W.P.(C) Nos.17124 & 17147 of 2022

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`Exhibit P10`	`TRUE COPY OF THE INTERIM ORDER DATED`
	`23.09.2021 IN WP(C) 19808 OF 2021 PASSED BY` `THE HON'BLE HIGH COURT OF KERALA`
`Exhibit P11`	`TRUE COPY OF THE ORDER DATED 23.12.2021 IN IA` `NO. 3/2021 IN WP(C) 19808 OF 2021 ISSUED BY` `THE HON'BLE HIGH COURT OF KERALA`
`Exhibit 12`	`TRUE COPY OF THE G.O(MS)NO. 19/2020/SJD DATED` `25.08.2020`
`Exhibit P13`	`TRUE COPY OF THE INTERIM ORDER DATED` `14.03.2022 IN WP(C) NO. 8090 OF 2022 ISSUED` `BY THE HON'BLE HIGH COURT OF KERALA`
`Exhibit P14`	`TRUE COPY OF THE ORDER NO.` `SCDCI/223490/2021/HSE DATED 01.02.2022`
`Exhibit P15`	`TRUE COPY OF THE APPOINTMENT ORDER OF` `UNNIKRISHNAN D. AS VOCATIONAL LECTURER IN ECG` `AND AUDIOMETRY W.E.F 03.06.1996`
`Exhibit P16`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `SERVICE BOOK SRI. UNNIKRISHNAN D. WAS` `APPOINTED`
`Exhibit P17`	`TRUE COPY OF THE G.O (P) 249/84/FIN. DATED` `09.05.1984`
`Exhibit P18`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `NOTIFICATION DATED 04.01.2018 ISSUED BY THE` `MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT`
`Exhibit P18(a)`	`TRUE COPY OF THE LIST OF APPOINTMENTS MADE IN` `THE 2ND PETITIONERS SCHOOL PREPARED BY THE` `2ND PETITIONER`
`Exhibit P19`	`TRUE COPY OF THE G.O (P) NO. 18/2018/SJD` `DATED 18.11.2018`

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W.P.(C) Nos.17124 & 17147 of 2022

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Exhibit P20TRUE COPY OF THE GO(P) NO. 19/2021/GEDN DATED
08.11.2021
Exhibit P21TRUE COPY OF THE G.O (MS)NO.111/2022/GEDN
DATED 25.06.2022
Exhibit P22True copy of the relevant pages of file No.
E3/83/2020 maintained at the office of the
2nd respondent.
Exhibit P23TRUE COPY OF THE COMMUNICATION NO.
40/PTM/MGT/2022 DATED 20.10.2022 SUBMITTED BY
THE 2ND PETITIONER TO THE 3RD RESPONDENT
RESPONDENTS’
EXHIBITS
EXHIBIT R2(a)TRUE COPY OF THE G.O.(Ms.) No. 111/2022/GEDN
dated 25.06.2022.

Preetha S.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Preetha S.B. v. State of Kerala

Case brief

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