Remanded

Manager v. Sreelekha. L

Kerala HC6 Nov 2023WA/746/2023

Case brief

AI extract

What is this about?

This joint disposition of three writ appeals concerns the qualification of headmasters possessing Sahithyacharya Certificates. The court set aside the lower court order which upheld appointments made in 2017 and remanded the matter to the Government for reconsideration regarding eligibility and rival claims in light of recent university recognition.

What did the court decide?

Impugned order of the Single Judge set aside; matter remanded to Government to reconsider eligibility and rival claims within two months.

Manager Vs Sreelekha. L — Service and Employment | Kerala HC (2023)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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WA NO. 1155 OF 2023

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JUDGMENT DATED 13.03.2023 IN WP(C) 23622/2021 APPELLANT/6TH RESPONDENT IN WP(C):

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K.S.SREEKUMAR, AGED 49 YEARS S/O. KUTTAN PILLAI, HEADMASTER, M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN-691014

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RESIDING AT:- MANIMANDIRAM, PARAMKODU, UMMANNOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506

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

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RESPONDENTS/PETITIONER AND RESPONDENTS 1-5 IN WP(C):

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1 SREELEKHA.L HSA (HINDI), M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN - 691014

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

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WA No.1155/2023 & con. cases

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3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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4 DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM, PIN - 691009

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5 DISTRICT EDUCATIONAL OFFICER CIVIL STATION, KOLLAM, PIN - 691013

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6 MANAGER, M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN - 691014

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BY ADVS. GEORGE ABRAHAM K.MOHANAKANNAN S ABDUL RAZZAK A.R.PRAVITHA(K/168/2003) SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.746/2023, 1216/2023, THE COURT

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ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA No.1155/2023 & con. cases

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..3..

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WA NO. 746 OF 2023

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JUDGMENT DATED 13.03.2023 IN WP(C) 23622/2021

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APPELLANT/5TH RESPONDENT:

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MANAGER, AGED 74 YEARS MSM HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN - 691014

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BY ADV K.MOHANAKANNAN

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RESPONDENTS/PETITIONER & RESPONDENTS IN WP(C):

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1 SREELEKHA. L, H.S.A.(HINDI), MSM HIGHER SECONDARY SCHOOL CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN - 691014

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

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3 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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4 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM, PIN - 691009

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5 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICE, CIVIL STATION, KOLLAM, PIN - 691013

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WA No.1155/2023 & con. cases

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..4..

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6 K.S.SREEKUMAR, HEADMASTER, MSM HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN - 691014 BY ADVS. DR.GEORGE ABRAHAM (B/O) SRI.K.REJI (B/O) M.V.THAMBAN(T-12) THARA THAMBAN(T-209) B.BIPIN(K/297/2007) ARUN BOSE(K/140/2013) SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.1155/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA No.1155/2023 & con. 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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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WA NO. 1216 OF 2023

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JUDGMENT DATED 01.03.2023 IN WP(C) 21821/2022 OF HIGH

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COURT OF KERALA

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APPELLANTS/RESPONDENTS 1, 2 & 4 IN WP(C):

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1 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, PIN - 691331

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2 THE DIRECTOR,

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GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695014

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3 GOVERNMENT OF KERALA, REP.BY PRINCIPAL SECRETARY, GENERAL EDUCATION (B) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 69500

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BY ADV GOVERNMENT PLEADER

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RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WP(C):

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1 GEETHAKUMARY J, HEADMISTRESS, ALL SAINTS HIGH SCHOOL, PUTHAYAM, PIN - 691324

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2 THE MANAGER, ALL SAINTS HIGH SCHOOL, PUTHAYAM, PIN-691 324.

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WA No.1155/2023 & con. cases

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..6..

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ADDL.R3 K.S.SREEKUMAR, AGED 49 YEARS, S/O. KUTTAN PILLAI, HEADMASTER, M.S.M HIGHER SECONDARY SCHOOL,CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN-691014. RESIDING AT:- MANIMANDIRAM, PARAMKODU, UMMANNOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.

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ADDL.R3 IS IMPLEADED AS PER ORDER DATED 2/8/23 IN IA 1/23 IN WA 1216/23.

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BY ADVS. S.ABDUL RAZZAK R.REJI K.MOHANAKANNAN M.V.THAMBAN THARA THAMBAN B.BIPIN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.1155/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA No.1155/2023 & con. cases

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..7..

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WA Nos. 746, 1155 & 1216 of 2023

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JUDGMENT

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A. MUHAMED MUSTAQUE, J.

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These matters relate to qualification of

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Headmaster in aided school, who possesses the Sahithyacharya Certificate issued by the Kerala Hindi Prachar Sabha.

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Under Chapter 31 Rule 2 of the Kerala

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Education Rules, 1959, the prescription of the qualification of a Headmaster is as follows;

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“(1) Headmaster: A degree in Arts or Science or its equivalent and B. Ed./B.T./L.T. or its equivalent conferred or recognised by the Universities in Kerala.”

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The writ petitions were filed by Headmasters,

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who were appointed in vacancies arose on 01.04.2017 in different aided schools. As seen

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from Annexures R1A and R1B produced along with

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IA No.2 of 2023 in WA No.1216 of 2023, the

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Academic Council of University of Kerala

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WA No.1155/2023 & con. cases

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..8..

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recognized the Acharya Course awarded by the

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Kerala Hindu Prachar Sabha as equivalent to

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B.Ed. Degree in Hindi in the University of

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Kerala on 21.12.2021. It appears that the Government was not aware of such recognition. The dispute would show that the Government

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relied on its own order dated 03.10.1988, where the Government had recognized Acharya Course as an alternate qualification for appointment of Hindi Teachers in the Government and aided High Schools. Therefore, learned Government Pleader would argue that

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this is only a qualification for imparting training and not a degree for considering appointment to the vacancy of Headmaster.

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When the Government passed an order sometime

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in 2022, had the Government adverted to the

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decision of the University of Kerala,

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recognizing Acharya Course as equivalent to

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B.Ed. Degree, this issue could have been

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easily resolved by the Government. The issue

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WA No.1155/2023 & con. cases

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further extends into a narrow compass for consideration of rival claims as on the date

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of occurrence of vacancy on 01.04.2017.

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There are arguments at the Bar placing

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reliance on the judgment of the apex court in

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Praveen Kumar v. Kerala Public Service Commission [2021 (4) KLT OnLine 1178 (SC)], where the apex court, in a particular circumstance, held that principle of equivalency would relate back to validate the degree courses from the original acquisition of the degree by the candidate concerned. But, at the same time, there is no rule to hold

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that when on the date of occurrence of vacancy, if somebody else has superior right, he/she should be denied consideration. Anyway,

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these are all matters for the Government to consider threadbare on the following aspects;

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a) The University of Kerala having recognized

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Acharya Course as an equivalent B.Ed. Degree, is it not sufficient qualification

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WA No.1155/2023 & con. cases

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..10..

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for consideration for the post of

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Headmaster under the relevant rule?

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b)Whether in individual cases of this nature,

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as on occurrence of vacancy on 01.04.2017, are there any other rival claims for the post of Headmaster? If so, in what manner that has to be considered?

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The learned Single Judge, in fact, placing reliance on the Government Order, held that the appointment of Headmaster for vacancies arose on 01.04.2017 is valid and they should be given the benefit, apparently, had not adverted to the legal conundrum as above. According to us, it has to be primarily decided by the primary authority and not through a judicial review as the same had not been adverted to, by the primary authority.

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Accordingly, we set aside the impugned order of the learned Single Judge. We direct the Government to consider the matter as above after hearing both sides and other claimants,

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WA No.1155/2023 & con. cases

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if any, within a period of two months. The Government shall also take such decision as to the consequent order with regard to any other benefits entitled by the parties concerned; and if it is found that they are eligible for such benefits, such monetary benefits shall be released to them without any further delay thereon.

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The writ appeals are disposed of, accordingly.

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Sd/-

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A. MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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bka/-

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WA No.1155/2023 & con. cases

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APPENDIX OF WA 746/2023

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RESPONDENT ANNEXURES

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Annexure R1(a) TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 31/12/2021 Annexure R1(b) TRUE COPY OF THE ORDER OF THE UNIVERSITY OF KERALA DATED 21.12.2021

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WA No.1155/2023 & con. cases

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APPENDIX OF WA 1216/2023

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RESPONDENT ANNEXURES

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Annexure R1A TRUE COPY OF THE ORDER NO. 7388/2021/UOK DATED 21/12/2021 RECOGNIZED ACHARYA CERTIFICATE BY KERALA HINDI PRACHAR SABHA Annexure R1B TRUE COPY OF THE RELEVANT REPLY DATED 06/05/2022 ON ANNEXURE R1A

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WA No.1155/2023 & con. cases

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Manager v. Sreelekha. L

Case brief

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What did the court decide?

Manager v. Sreelekha. L

Case brief

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