Allowed

P.Muralidharan, v. State of Kerala

Kerala HC23 Feb 2023WP(C)/290/2020

Case brief

AI extract

What is this about?

The court allowed eight connected writ petitions concerning a school's staff fixation and teacher approvals. It set aside an order reducing divisions (Ext.P17) because a later order (Ext.P25) permitted higher secondary classes in a new building, making the earlier order redundant. The court restored the original staff fixation order and directed re-approval of teacher appointments.

What did the court decide?

Ext.P17 set aside; Ext.P2 staff fixation order restored. Impugned orders in other writ petitions set aside; directions to approve teacher appointments and pass fresh staff fixation orders within two m

P.Muralidharan, Vs State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 290 OF 2020

¶4

PETITIONER:

¶5

P.MURALIDHARAN,
AGED 44 YEARS
MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR,
KANNUR DISTRICT-670 663.

¶6

BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.A.L.NAVANEETH KRISHNAN

¶7

RESPONDENTS:

¶8

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

¶9

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

¶10

3 THE DISTRICT EDUCATION OFFICER, THAVAKKARA, KANNUR-670 002.

¶11

4 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD, KANNUR-670 002.

¶12

5 THE SUPER CHECK OFFICER, SUPER CHECK CELL, CIVIL STATION, (B BLOCK 6TH FLOOR), KOZHIKODE-673 020.

¶13

6 SRI.DINESAN MADATHIL, ADDITIONAL PRIVATE SECRETARY TO MINISTER FOR GENERAL EDUCATION, GOVERNMENT OF KERALA, ANNEX BUILDING, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶14

7 ADDL.R7: ASSISTANT EXECUTIVE ENGINEER, LSGD SECTION, EDAKKAD BLOCK PANCHAYATH,

¶15

P.O.CHALA, KANNUR (IS SUO MOTU IMPLEADED AS PER

¶16

WPC No. 290 of 2020 and conn. Cases 2

¶17

ORDER DATED 16-09-2022)

¶18

SRI.K.M.FAISAL, GP

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).10664/2019, 12046/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶20

WPC No. 290 of 2020 and conn. Cases 3

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶24

THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 WP(C) NO. 10664 OF 2019

¶25

PETITIONER:

¶26

P.MURALIDHARAN,AGED 43 YEARS

¶27

MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR,
KANNUR DISTRICT-670 663

¶28

BY ADVS.GEORGE POONTHOTTAM (SR.),SMT.NISHA GEORGE

¶29

RESPONDENTS:

¶30

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

¶31

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT,PIN CODE-695 014

¶32

3 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD,KANNUR-670002

¶33

4 SRI.DINESAN MADATHIL, ADDITIONAL PRIVATE SECRETARY TO MINISTER FOR GENERAL EDUCATION, GOVERNMENT OF KERALA, ANNEX BUILDING, SECRETARIAT, THIRUVANANTHAPURAM-695 001 ADDL.RESPONDENTS 5 TO 18 IMPLEADED

¶34

5. RENILKUMAR.P,DWANI, MANDOOL, KADAMBUR EDAKKAD PO, KANNUR-670 663

¶35

6. PRADEEPAN.P,PRANAVAM, MOKERI P.O, VIA PANOOR, KANNUR-670 692

¶36

7.RAJEEVAN.P,CHANDROTH HOUSE, SANKARANELLUR P.O, KANNUR-670 643

¶37

WPC No. 290 of 2020 and conn. Cases 4

¶38

`8. MURALEEKRISHNAN P.E,‘HARIPURAM’, KAYARALAM P.O,` `VIA MAYYIL, KANNUR-670 602`
`9.MANOJKUMAR P.E, NORTH MANAKKAT, KARIVELLUR PO,` `KANNUR-670 521`
`10.BEENA C.H,‘THIRUVATHIRA’, MELE CHOVVA PO,` `KANNUR-670 006`
`11.SITHARA T.V, THUSHARA, P.O.MAKRERI,` `KANNUR-670 622`
`12.LEENA.P, ‘SADGAMAYA’,KAKKAYANGAD P.O,KANNUR-670 673`
`13.JIJEESH PUTHUKKUDI, SREENIDHI, MUDIYANGA PO,` `KANNUR-670 691`
`14.JAISON K.T, KADOOKUNNEL HOUSE, KADACHIRA PO,` `KANNUR DISTRICT-670 621`
`15.PREMARAJAN.K, KOODAPRAM, CHITTADI PO,` `VIA ALAKODE,KANNUR-670 571`
`16.PREMARAJAN.K, MUTHUVAD HOUSE, ALACHERY PO,` `KANNUR-670 650`
`17.MAHESH KUMAR.M,DEVA VIHAR, PINARYI P.O,` `KANNUR-670 741`
`18.MEENA.K, VRINDAVANAM, MULLAKKODI, MULLAKODI P.O,` `KANNUR-670 602`
`ADDL.R5 TO R18 IMPLEADED AS PER IA NO.1 OF 2020 DTD` `23.2.2023`
`BY ADVS.SRI.M.SASINDRAN,P.C.SASIDHARAN,` `G.P.SRI.K.M.FAISAL`

¶39

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶40

WPC No. 290 of 2020 and conn. Cases

¶41

¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶43

PRESENT

¶44

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 12046 OF 2021

¶45

PETITIONER:

¶46

P.MURALIDHARAN

¶47

AGED 52 YEARS

¶48

MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR,
KANNUR DISTRICT

¶49

BY ADVS.

¶50

GEORGE POONTHOTTAM (SR.)
NISHA GEORGE

¶51

RESPONDENTS:

¶52

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

¶53

2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT, PIN695014.

¶54

3 THE DEPUTY DIRECTOR OF EDUCATION SUB REGISTRAR OFFICE ROAD, KANNUR-670002.

¶55

4 THE DISTRICT EDUCATION OFFICER THAVAKKARA, KANNUR-670 002.

¶56

BY G.P.SRI.K.M.FAISAL

¶57

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶58

WPC No. 290 of 2020 and conn. Cases

¶59

¶60

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶61

PRESENT

¶62

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 28179 OF 2022

¶63

PETITIONER:

¶64

THE MANAGER

¶65

KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT-670663.

¶66

BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
A.L.NAVANEETH KRISHNAN

¶67

RESPONDENTS:

¶68

1DIRECTOR GENERAL OF EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT,
PIN-695014.

¶69

2 THE DISTRICT EDUCATION OFFICER THAVAKKARA, KANNUR-670002.

¶70

3 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD, KANNUR-670002.

¶71

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶72

WPC No. 290 of 2020 and conn. Cases

¶73

¶74

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶75

PRESENT

¶76

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 WP(C) NO. 40219 OF 2022

¶77

PETITIONERS:

¶78

1THE MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT - 670663, RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT - 670663.
2ANUPRIYA V.P.,
AGED 33 YEARS
D/O. LAKSHMANAN.K, HST(PS), KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT -
670663. RESIDING AT PUNATHIL VEEDU, KOLAYAD P.O.,
KANNUR DISTRICT - 670650.
3RANJINI. B,
AGED 37 YEARS
D/O.B.I. RAMAN NAMBOOTHIRIPAD, HST (MALAYALAM),
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT- 670663. RESIDING AT BANATHOOR ILLAM, P.O.
KUTTATH, VIA-MEPPAYUR, CHERUVANNUR, KOZHIKODE
DISTRICT.
4RINTO. C.F,
AGED 37 YEARS
S/O. FRANCIS. C.V, HST (MALAYALAM), KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT -
670663. RESIDING AT CHEERAN HOUSE, CHITTANJOOR,
THRISSUR DISTRICT – 680523.

¶79

5 DIVYA. A.M,

¶80

WPC No. 290 of 2020 and conn. Cases 8

¶81

AGED 39 YEARS
D/O. A. NARAYANANKUTTY, HST(SS),KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT -
670663. RESIDING AT DEEPA NIVAS, GANDHI ROAD P.O.
MATTANNUR, KANNUR DISTRICT.
6ASHITHA RAMACHANDRAN,
D/O. P.V. RAMACHANDRAN,AGED 37 YEARS, HST(MATHS),
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT - 670663. RESIDING AT ANIL NIVAS, P.O.
PINARAYI, KANNUR DISTRICT.
7SHEEBA. O.K,
AGED 42 YEARS
D/O. BALAN. K, HST (ENGLISH), KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT- 670663.
RESIDING AT SUKRITHI, THAVALAPPARA, NEAR SNAKE PARK,
P.O. PARASSINIKKADAVU, KANNUR DISTRICT.
8PRASEENA. K.P,
AGED 42 YEARS
D/O. K. PRABHAKARAN, HST (MATHS), KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT -
670663, RESIDING AT AISWARYA, CHALAKKARA, MAHE,
KANNUR DISTRICT.
9REKHA. M.V,
AGED 42 YEARS
D/O. BALAKRISHNAN. V.P, HST (MALAYALAM), KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT-
670663. RESIDING AT KOMALLY HOUSE, P.O. MEMUNDA VIA
VADAKARA, KOZHIKODE DISTRICT.
10RAJANI. R.P,
AGED 43 YEARS
D/O. SANKARAN. R.P, HST (MALAYALAM), KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT -
670663. RESIDING AT RAYAROTH POYIL PERAMBRA,
KOZHIKODE DISTRICT.
11
SUBILA. K .

¶82

WPC No. 290 of 2020 and conn. Cases 9 AGED 35 YEARS D/O. K.P. GOPALAN, HST(PS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT - 670663. RESIDING AT AMRITHA, P.O. KANNADIPARAMBA, KANNUR DISTRICT. 12 SAPNA. E, AGED 48 YEARS D/O. K. BHASKARAN, HST (NS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT-670663. RESIDING AT SAPNA, P.O. KOORARA, VIA. CHAMPAD, KANNUR DISTRICT. 13 SUNITHA RAMAKRISHNAN, AGED 45 YEARS D/O. T. RAMAKRISHNAN, HST(PS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT-670663. JAYARAM NIVAS, PUZHATHI, P.O. CHIRAKKAL, KANNUR DISTRICT. 14 RAJEESH P.K., AGED 40 YEARS S/O. RAMAKRISHNAN. K.K, HST (HINDI), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT-670663. RESIDING AT ADUTHILA, P.O. PAZHAYANGADI, KANNUR DISTRICT. 15 RINYA K.P., AGED 36 YEARS, D/O. M. RAVINDRAN, HST (MATHS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT - 670663, RESIDING AT RINYA, MOWENCHERY P.O., KANNUR DISTRICT. 16 JAYA K.T.P, AGED 41 YEARS, D/O. K.T.P RAMAN NAMBOOTHIRI, HST (MATHS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT - 670 663. RESIDING MANGALLYA, KALLUR, MATTANNUR, KANNUR DISTRICT.

¶83

WPC No. 290 of 2020 and conn. Cases

¶84

¶85

17K.K.LATHA,
AGED 34 YEARS,
D/O.R.K.BALAKRISHNAN,
HST (MATHS), KADAMBUR HIGHER SECONDARY SCHOOL
KADAMBUR, KANNUR DISTRICT-670663 RESIDING AT EDAVATH
HOUSE, ADOOR, KADACHIRS P.O., KANNUR 670 621.
18NIMNA.V.,
AGED 38 YEARS
D/O. NARAYANAN.A.P., HST (MALAYALAM,) KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT
670 663. RESIDING AT VIMALALAYAM, P.O., CHALA,
KANNUR DISTRICT.
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
GEORGE POONTHOTTAM (SR.)

¶86

RESPONDENTS:

¶87

1 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT - 695 014.

¶88

2 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD, KANNUR - 670002.

¶89

3 THE DISTRICT EDUCATION OFFICER, THAVAKKARA, KANNUR - 670 002. BY G.P.SRI.K.M.FAISAL

¶90

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶91

WPC No. 290 of 2020 and conn. Cases

¶92

¶93

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶94

PRESENT

¶95

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

¶96

WP(C) NO. 40849 OF 2022

¶97

PETITIONERS:

¶98

1THE MANAGER,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT - 670663, RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT - 670663.
2BINDU. P.K,
AGED 42 YEARS
D/O. BALAGOPALAN.T.P, UPST, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANDHARM, PALLIPPOYIL, P.O. MOWENCHERY,
KANNUR-670613.
3SAYONA. S,
AGED 36 YEARS
D/O. SOMANATHAN. T, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
SAYONA VIHAR, PANNIYANNUR. P.O, THALASSERY, KANNUR-
670671.
4SABITHA. K.A,
AGED 42 YEARS
D/O. APPUKUTTAN. K, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
NAGATH, MUYIPPOTH. P.O, MEPPAYUR VIA, KOZHIKODE-
673524.
5NIJILA P.V,
AGED 37 YEARS
D/O. DAMODARAN. M.K, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
MANJULALAYAM, ELAMPARA, P.O, KANNUR-670595.

¶99

WPC No. 290 of 2020 and conn. Cases 12

¶100

6SHAHINA, K.T,
AGED 38 YEARS
D/O. V.T. AHAMMED, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
SHABANAS, OPP. G.B.C, DHARMADAM.P.O, KANNUR-670106.
7SIJI, P.R,
AGED 43 YEARS
D/O. C.A. PAVEENDRAN, UPST, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT SREEPURAM, PUNNAD, IRITTY, KANNUR-
670703.
8SHEEBA. D,
AGED 41 YEARS
D/O. DAMODARAN.C, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
SREYAS, VALATT THAZHE KUNIYIL, NIDUMBRAM,
P.O.CHOKLI, KANNUR.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
A.L.NAVANEETH KRISHNAN

¶101

RESPONDENTS:

¶102

1THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT - 695 014.
2THE DEPUTY DIRECTOR OF EDUCATION,
SUB REGISTRAR OFFICE ROAD, KANNUR - 670002.
3THE DISTRICT EDUCATION OFFICER,
THAVAKKARA, KANNUR - 670 002.
BY G.P.SRI.K.M.FAISAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶103

WPC No. 290 of 2020 and conn. Cases

¶104

¶105

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶106

PRESENT

¶107

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 WP(C) NO. 40889 OF 2022

¶108

PETITIONERS:

¶109

1THE MANAGER
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT - 670663, RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT - 670663.

¶110

2 SINDHU N.K.,

¶111

AGED 44 YEARS, D/O. N. BALAKRISHNAN, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SANTHA NILAYAM, ILLAM MUKK, P.O. PORORA, MARUTHAYI, MATTANNUR, KANNUR - 670 702.

¶112

3 SREESHA T.K., AGED 35 YEARS, D/O. SREEDHARAN P.V., UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SREENILAYAM, KUTTAMATH, CHERUVATHUR P.O., KASARGOD-671313.

¶113

4 AJAYAKRISHNAN P.M., AGED 29 YEARS, S/O. A. NARAYANAN, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SARAYU, KUTTIYERI P.O., KARIMBAM, KANNUR-670142.

¶114

5 SREEJA R.K., AGED 44 YEARS, D/O. M.C. KARUNAKARAN NAMBIAR, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT RAMAPURAM HOUSE, VAYANTHODE, MATTANNUR, KANNUR-670702.

¶115

6 SHYAM LOHITH P.V.,

¶116

WPC No. 290 of 2020 and conn. Cases

¶117

¶118

AGED 31 YEARS, S/O. B. LOHITHAKSHAN, UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT MEENAKSHI VIHAR, PANNERI, P.O. MORAZHA,
KANNUR-670331.

¶119

7REKHA. A.,
AGED 41 YEARS, D/O. P.V. MADHAVAN NAIR, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT PUTHALATH, OLD ESI ROAD,
CHONADAM, ERANHOLI P.O., THALASSERI-670107.
8ANJITHA N.,
AGED 29 YEARS, D/O. K.V. NARAYANAN, UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT KUNNILEVALAPPIL HOUSE, IRITTY. P.O.,
THANTHODE, KANNUR-670703.
9SUMESH M.K.,
AGED 46 YEARS, S/O. K.V. KUNHIKANNAN, UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT PRAKASHAM, NITHYNANDA NAGAR, HOSDURG,
KANHANGAD-671315.
10REJINA P.P.,
AGED 33 YEARS, D/O. RATHNAKARAN P.P., UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT PUTHANPURAYIL, P.O. MUNDAYAD, KANNUR-
670594.
11RAHUL H.R.,
AGED 32 YEARS, S/O. T.K. HAREENDRAN, UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT THACHORAKKAL HOUSE, NADAKKUTHAZHA P.O.,
VADAKARA-673104.
12THUSHARA PRAVEEN,
AGED 38 YEARS, D/O. NAVANEETHA KRISHNAN V.V., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT PRANAVAM, MATHUKKOTH,
P.O. VARAM, KANNUR-670594.
13DHANIYA M.V.,

¶120

WPC No. 290 of 2020 and conn. Cases 15

¶121

AGED 43 YEARS, D/O. M.I. VAMANAN NAMBOOTHIRI, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT VARADA, PAZHASSI, URUVACHAL.
P.O, MATTANNUR, KANNUR-670702.

¶122

`14`	`RESHMA K.V.,` `AGED 37 YEARS, D/O. K.P. MOHANDAS, UPST, KADAMBUR` `HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT KAITHALA HOUSE, MAVILACHAL, P.O. EACHUR,` `KANNUR-670591.`
`15`	`SREELIMA S,` `AGED 40 YEARS, D/O. SREEDHARAN, UPST, KADAMBUR` `HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT SREEPADAM, VELLIKULANGARA, P.O.` `ORKATTERI, VATAKARA, KOZHIKODE.`
`16`	`NITHYAMOL,` `AGED 34 YEARS, D/O. NARAYANAN P.K., UPST, KADAMBUR` `HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT NADAKKALKUNIYIL, CHOLAM VAYAL, NUT` `STREET, VATAKARA, KOZHIKODE.`
`17`	`BINDU A,` `AGED 47 YEARS, D/O. BALAN A., UPST, KADAMBUR HIGHER` `SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT LALITHAM, KOTTAYAMPOYIL P.O.,` `PATHAYAKUNNU, THALASSERY-670691.`
`18`	`SURADI P,` `AGED 40 YEARS, D/O. BALAN O., UPST, KADAMBUR HIGHER` `SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT SURADI, UMMENCHIRA, THALASSERY-670649.`
`19`	`DILNA K,` `AGED 35 YEARS, D/O. DASAN V, LG HINDI, KADAMBUR` `HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,` `RESIDING AT DIL, MELATHARAMMAL, UMMENCHIRA P.O.,` `THALASSERY-670649.`
`20`	`DILNA C.K.,` `AGED 37 YEARS, D/O. CHANDRAN P.V., LG HINDI,`

¶123

WPC No. 290 of 2020 and conn. Cases

¶124

¶125

KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT MAROLI HOUSE, P.O. PARAPRAM, PINARAYI, KANNUR-670741.

¶126

21 NIBHA P, AGED 41 YEARS, D/O. BHASKARAN P, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT MILAN, P.O. SANKARANELLUR, KANNUR670643.

¶127

22 SAJI P.M, AGED 42 YEARS, D/O. JANARDHANAN A, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT AISWARYA HOUSE, KOLAYAD P.O, KANNUR670650.

¶128

23 ALISHA C, AGED 36 YEARS, D/O. PAVITHRAN C, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SHYAM NIVAS, P.O. CHOVVA, KANNUR-670006.

¶129

24 HRUDHYA C.P, AGED 36 YEARS, D/O. SURENDRAN M, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT JANANI, CHOYYADAM, PONNIAM WEST P.O., KADIRUR, KANNUR-670621.

¶130

25 ASWATHI C.K, AGED 31 YEARS, D/O. DEVARAJAN M.N, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT KUNIMMAL HOUSE, P.O. KOYYODE, KANNUR670621.

¶131

26 SUDHEESH C.K, AGED 42 YEARS, S/O. M.K. DIVAKARAN ADIYODI, UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT KOLAPPALA HOUSE, NARATH P.O, KOLACHERY, KANNUR-670601. BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE

¶132

WPC No. 290 of 2020 and conn. Cases

¶133

¶134

A.L.NAVANEETH KRISHNAN

¶135

RESPONDENTS:

¶136

1 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT - 695 014.

¶137

2 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD, KANNUR - 670002.

¶138

3 THE DISTRICT EDUCATION OFFICER, THAVAKKARA, KANNUR - 670 002. BY G.P.SRI.K.M.FAISAL

¶139

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶140

WPC No. 290 of 2020 and conn. Cases

¶141

¶142

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶143

PRESENT

¶144

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 WP(C) NO. 40953 OF 2022

¶145

PETITIONERS:

¶146

1THE MANAGER
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT - 670663, RESIDING AT MURALI NIVAS,
KADAMBUR P.O., KANNUR DISTRICT - 670663.

¶147

2JIMNA. K.P.,
AGED 33 YEARS, D/O. VIJAYAN. C., HST HINDI, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT JIMNA NIVAS, CHEMBILODE METTA, P.O.
MOWENCHERY, KANNUR-670613.
3SREEDIVYA. K. V,
AGED 44 YEARS, D/O. SREENIVASAN. K. V., HST ENGLISH,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT SREEMANDIRAM, PALLIKKUNNU,
KANNUR - 670004.
4VINI. V. C.,
AGED 38 YEARS
D/O. CHITHRABHANU. V, HST ENGLISH, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT ARDRAM, KANHILERI, P.O, MATTANNUR,
KANNUR - 670702.
5HARIKRISHNAN. M.,
AGED 33 YEARS
S/O. HARI MANIPUZHA, HST SANSKRIT, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT MANIPUZHA ILLAM, KANKOL. P.O.,
PAYYANNUR, KANNUR-670307.

¶148

WPC No. 29	0 of 2020 and conn. Cases 19
`6`	`ASWATHI. K.,`
	`AGED 33 YEARS`
	`D/O. K. KRISHNAN., UPST, KADAMBUR HIGHER SECONDARY`
	`SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT` `KAILAS, PALLIKULAM, P.O. CHIRAKKAL, KANNUR-670011.`
`7`	`ALKA CYRIAC. M.,` `AGED 42 YEARS`
	`D/O. M.U. CYRIAC, UPST, KADAMBUR HIGHER SECONDARY` `SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT` `THALIKUZHIYIL HOUSE, KAPPAD P.O., KANNUR-670006.`
`8`	`HONEY. T.H.,` `AGED 34 YEARS`
	`D/O. HARIDASAN. T.H., UPST, KADAMBUR HIGHER` `SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,`
	`RESIDING AT THINDANCHERI HOUSE, PUTHOOR. P.O.,` `VATAKARA, KOZHIKODE..`
`9`	`SEENA. K.K.,` `AGED 35 YEARS`
	`D/O. NARAYANAN P.P., UPST, KADAMBUR HIGHER SECONDARY`
	`SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SEENA`
	`NIVAS, NELLUNNI, MATTANNUR.P.O., KANNUR.`
`10`	`ROSHITHA. K.V.,`
	`AGED 34 YEARS`
	`D/O. K. VIJAYAN, UPST, KADAMBUR HIGHER SECONDARY`
	`SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT`
	`ANJALI, PARAL, KUTHUPARAMBA. P.O., KANNUR-670643.`
`11`	`REESHA KIZHAKKEVEETTIL, AGED 32 YEARS`
	`D/O. K.P. MOHANDAS, UPST, KADAMBUR HIGHER SECONDARY` `SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT`
	`KUNHIPARAMBATH HOUSE, KADIRUR.P.O, KANNUR.`
`12`	`ANUSREE UNNIKRISHNAN,`
	`AGED 30 YEARS`
	`D/O. P. UNNIKRISHNAN,UPST, KADAMBUR HIGHER SECONDARY`
	`SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT`
	`SREENAV, P.O. KANAYI, MATTANNUR, KANNUR-670702.`

¶149

WPC No. 290 of 2020 and conn. Cases 20 13 ANUSREE. V., AGED 31 YEARS D/O. VIJAYAN. K.V., UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT JYOTHIS HOUSE, PARAL P.O., KANNUR-670671. 14 RANGISHA. P.P., AGED 34 YEARS D/O. RAJAN. P., UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT VYSHANAVAM, CHANDROTH, KOTTAYM, ERUVATTY, KOTTAYAMPOYIL. P.O KANNUR-670691. 15 RAJISHA. K., AGED 31 YEARS D/O. P.V. JAYAKUMAR, LG HINDI, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT RITHEESH NIVAS, MUNDALUR. P.O., PERALASSERY, KANNUR-670622. 16 HIMA G. NATH., AGED 35 YEARS, D/O. HAREENDRANATH. P.V., HST (SS), KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT KRISHNA VIHAR, P.O. CHAMPAD, THALASSERY, KANNUR-670694. 17 SHEEBA. K., AGED 43 YEARS D/O. KARUNAKARAN. E., UPST, KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT EDAKKEPRATH HOUSE, KACHERIPPARA, P.O. AZHIKKODE, KANNUR-670009. 18 JASNA JANARDHANAN, AGED 39 YEARS D/O. JANARDHANAN. P.P, UPST, KADAMBUR HIGHER SECONDARY SCHOOL,KADAMBUR, KANNUR DISTRICT, RESIDING AT THRIJYOTHI, UDUMBUNTHALA. P.O., KASARGOD.

¶150

WPC No. 290 of 2020 and conn. Cases

¶151

¶152

19AMANYABABY. P.V.,
AGED 39 YEARS
D/O. ARAVINDAN, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
ARAVINDAM, MANDUR. P.O., KANNUR-670501.
20BIJEESHA. K.N.,
AGED 47 YEARS
D/O. K. NANU, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
SOUPARNIKA, P.O. PANDAKKAL, MAHE, KANNUR DISTRICT.
21BINOOP SEKHAR. C.V.,
AGED 41 YEARS
S/O. P. CHANDRASEKARAN, MUSIC TEACHER, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT DEVI PRABHA, DEENADHAYAL ROAD, CHIRAKKAL
P.O., KANNUR-670011.
22DILSHA.N.K.,
AGED 33 YEARS
D/O. N.K. SADANANDAN, UPST, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT KARAYI HOUSE, P.O. THIRUVANGAD,
THALASSERY, KANNUR DISTRICT.
23VIDYA. K.K.,
AGED 37 YEARS
D/O. T.K. GOVINDAN, LG HINDI, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT DWIVED BHAVAN, NAYATTUPARA,
PATTANUR .P.O., KANNUR-670595.
24SUHANA. K.R.,
AGED 46 YEARS
D/O. K.R. SREEDHARAN, UPST, KADAMBUR HIGHER
SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT PANAYIL HOUSE, VAYIPARAMBA, CHAL,
AZHIKODE, KANNUR DISTRICT.

¶153

WPC No. 290 of 2020 and conn. Cases

¶154

22

¶155

25REENA. K.,
AGED 46 YEARS
D/O. C.H. ONAKKAN, UPST, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT SHARU
NIVAS, KAMALPEEDIKA, P.O. EACHUR, KANNUR.
26JEEJITH. T.K.,
AGED 40 YEARS, S/O. KANARAN. T.K., UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT THONDIKOVUKKAL HOUSE, CHEMMARATHUR P.O.,
VATAKARA - 673104.
27DHAJINA. C.K.,
AGED 37 YEARS, D/O. GOPALAKRISHNAN. C.K., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT C.K. HOUSE, PARAL. P.O.,
THALASSERY-670671.
28VIPIN. M.,
AGED 36 YEARS, S/O. PURUSHOTHAMAN. M., UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT MAVALLY HOUSE, VENGAD. P.O.,
KANNUR-670612.
29RAJINA. C.P.,
AGED 42 YEARS, D/O. M.R. DAMODARAN., UPST, KADAMBUR
HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT,
RESIDING AT VIMALA NIVAS, TALAP, KANNUR-670002.
30RAJESH KUMAR. M.,
AGED 40 YEARS, S/O. V.P. DAMODARAN NAMBIAR, UPST,
KADAMBUR HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR
DISTRICT, RESIDING AT MANIYERI HOUSE, CHENNAKKODE,
KATTIPPOIL. P.O., NILESWARAM-671314, KASARGOD
DISTRCT.
31SNIJA. V. P.,
AGED 41 YEARS, HST (SS), KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT, RESIDING AT
DEEPTHI, PACHAPOIKA. P.O., KUTHUPARAMBA, KANNUR-
670643.

¶156

WPC No. 290 of 2020 and conn. Cases 23

¶157

BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
A.L.NAVANEETH KRISHNAN

¶158

RESPONDENTS:

¶159

1 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT - 695 014.

¶160

2 THE DEPUTY DIRECTOR OF EDUCATION, SUB REGISTRAR OFFICE ROAD, KANNUR - 670002.

¶161

3 THE DISTRICT EDUCATION OFFICER, THAVAKKARA, KANNUR - 670 002.

¶162

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2023, ALONG WITH WP(C).290/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶163

WPC No. 290 of 2020 and conn. Cases

¶164

¶165

P.V.KUNHIKRISHNAN, J.

¶166

------------------------------

¶167

W.P.(C)Nos.290 of 2020, 10664 of 2019, 12046 of 2021, 28179, 40219, 40849, 40889 and 40953 of 2022

¶168

----------------------------------------------

¶169

Dated this the 23^rd day of February, 2023

¶170

JUDGMENT

¶171

These eight writ petitions are connected therefore, I am disposing of these writ petitions by a common judgment. The leading case in this set of cases is W.P.(C)No.290/2020. Discussion of the facts in W.P.(C)No.290/2020 will be enough to cover the facts in all the other cases. Therefore, I will narrate the facts in W.P.(C)No.290/2020. The petitioners and the respondents referred to in this judgement will be the petitioners and respondents in W.P.(C)No.290/2020, unless otherwise specifically mentioned.

¶172

The petitioner, Sri.P.Muralidharan in

¶173

WPC No. 290 of 2020 and conn. Cases 25 W.P.(C)No.290/2020, is the Manager of Kadambur Higher Secondary School, Kadambur (hereinafter referred to as, “School”). In 1899 an L.P School was established as Kadambur Elementary School as per order No.5444 dated 23.08.1899. The School was upgraded as Upper Primary School with effect from 01.06.1958 as per the orders of the District Educational Officer, Thalassery. Subsequently, the School was upgraded as a High School as per the orders of the Government in G.O(MS)No.77/82/G.Edn. dated 29.05.1982 followed by the orders issued by the Educational authorities, Kannur. Subsequently, the petitioner's School was upgraded to a Higher Secondary School in the year 2000. It is the case of the petitioner that, around 7000 students are studying in the School from Classes I to XII. It is also the case of the petitioner that the School is providing transportation facilities to cater the needs of the students for which the Management has arranged 58 vehicles. It is further the case of the petitioner that, in 10^th standard alone, 1100 students have been appearing for the

¶174

WPC No. 290 of 2020 and conn. Cases 26 SSLC examination for the past several years, and it is also the claim of the petitioner that a record of cent percentage pass is there for the 10^th standard examination for the last 20 years continuously. It is also the case of the petitioner that the first batch of plus two students appeared for the Board examination in the year 2002. From then onwards, for the last 17 years, the School has a record of 100% pass continuously. It is the case of the petitioner that, even though students securing A+ are more than the students passing the SSLC examination when compared to other Schools, the management is unable to provide admission to all of them for want of seats and to facilitate the continued studies of the students in the same school. It is submitted that the classes for Higher Secondary School sections were also conducted in the same building as that of the High School Section . It is the further case of the petitioner that, due to the increase in the number of students in the Higher Secondary School section and based on the request by the Parent Teachers Association and other teachers, the

¶175

WPC No. 290 of 2020 and conn. Cases 27

¶176

Higher Secondary School section was shifted to a nearby building of the Management which was constructed for conducting a TTC college. It is the case of the petitioner that classes were conducted in the new building from the academic year 2013-14 onwards, and it was also communicated to the educational authorities. It is submitted that, on 11.08.2014, the Manager submitted a request seeking ratification of the shifting of the Higher Secondary School classes in the new building. It is also the case of the petitioner that the Regional Deputy Director inspected the new building and recorded that the new building has requisite facilities for conducting the Higher Secondary School section. It is the further case of the petitioner that on 23.09.2014, the Regional Deputy Director recommended to the Director of General Education to ratify the shifting of the Higher Secondary School section to the new building. It is the case of the petitioner that the said recommendation was pending before the Director from 2014 onwards, and the department was fully aware of the shifting of

¶177

WPC No. 290 of 2020 and conn. Cases 28

¶178

the High School section to the new building.

¶179

The petitioner submits that the Regional Deputy Director and the District Educational Officer conducted a joint inspection of the School and reported that the High school building does not have classrooms with adequate dimensions to conduct Higher Secondary classes, laboratories and libraries. It is the further case of the petitioner that the classes of the Higher Secondary School in the High School building were utilised for conducting the High School classes as there was a huge increase in the number of students. According to the petitioner, the increase in the number of students from the academic year 2013-14 to 2019-20 were as follows:

¶180

Academic year	Number of students	Fresh Admissions
2013-14	3728	940
2014-15	4200	1331
2015-16	4539	1265
2016-17	4904	1423
2017-18	5291	1463
2018-19	5892	1854
2019-20	6317	1875

¶181

WPC No. 290 of 2020 and conn. Cases 29

¶182

Hence it is submitted by the petitioner that there was an enormous increase in the number of students and accordingly the School was eligible for more divisions. It is also the case of the petitioner that the educational authorities as stated above were fully aware about the shifting of the Higher Secondary section to the new building. The classes of the Higher Secondary sections were being utilised for conducting the classes of the High School section.

¶183

On 12.07.2017, an inspection was conducted in the School before issuing the staff fixation for the academic year 2017-18, and the Educational authorities found that the entire accommodation facility was sufficient, and accordingly, the staff fixation order was issued on 10.04.2018. Even though it was found that the School was eligible for 142 divisions, only 140 divisions were sanctioned. Thereafter, Ext.P2 staff fixation order for the academic year 2018-19 was issued. Even though the School was eligible for 165 divisions, only 154 divisions

¶184

WPC No. 290 of 2020 and conn. Cases 30

¶185

were sanctioned is the submission.

¶186

Thereafter, on 15.01.2019, the 5^th respondent, the Super Check Cell Officer, inspected the School and submitted Ext.P3 note by stating that 26 divisions in the School are not functioning as of that date. It is the definite case of the petitioner that the said report was prepared without inspecting all the classes and was in violation of Ext.P4 Government Order. Thereafter, on 04.02.2019, the District Educational Officer conducted an inspection and submitted Ext.P7 report reiterating the report of the 5^th Respondent. It is the further case of the petitioner that the District Educational Officer did not inspect the classrooms before submitting the report and prepared the said report by just visiting the office. Subsequently, on 28.02.2019, a joint inspection was held by District Educational Officer, Deputy Director of Education and the Assistant Educational Officer, and they reported that 149 classes were ready to be conducted in the School. Thereafter Ext.P10 show cause notice was issued by the 5^th Respondent wherein the

¶187

WPC No. 290 of 2020 and conn. Cases 31 shifting of the Higher Secondary section was mentioned as the main issue for revising the sanctioned divisions. The petitioner submitted Ext.P11 explanation answering the charges alleged in Ext.P10 on 08.04.2019. A hearing was conducted pursuant to Ext.P10 show cause notice in July 2019. On 10.07.2019, the Headmistress of the School was suspended, which led to a writ petition before this Court, and as per Ext.P19 judgment, this Court was pleased to set aside the suspension order, specifically holding that the Educational authorities had abdicated their powers. Subsequently, on 31.12.2019, Ext.P17 order was issued ordering the revision of Ext.P2 staff fixation order for the academic year 2018-19 and to reduce 26 class divisions. It was further directed to revise all staff fixation orders from 2016-17 onwards, setting apart all the classrooms of the Higher Secondary sections. Aggrieved by Ext.P17, W.P.(C)No.290/2020 was filed, and this Court stayed Ext.P17 order on 08.01.2020. The interim order passed by this Court on 08.01.2020 is extracted hereunder:

¶188

WPC No. 290 of 2020 and conn. Cases 32

¶189

“Learned Government Pleader takes notice for respondents.

¶190

2. Sri. George Poonthottam, learned Senior Counsel submits that the procedure followed by the Director of Public Instructions/second respondent, while making the order in Ext.P17 is completely illegal. To quote one of the instances of illegality, he argues that the petitioner is not afforded full opportunity, by referring to which the second respondent proposes to exercise its jurisdiction under Chapter XXIII Rule 12E(3) of Kerala Education Rules and also fasten the liability on the headmaster, etc. The grievance is that several conclusions are recorded without putting the petitioner on notice. The attention of the Court is specifically invited to several sweeping observations made in Ext.P17 and argued that these observations are unsustainable from the record and on ground/physical verification of details. In other words, the reasons and conclusions in Ext.P17 are contrary to record.

¶191

3. Having regard to above submissions, I am satisfied that Ext.P17 needs to be suspended for eight weeks from today.

¶192

Post after four weeks for counter affidavit.”

¶193

7 . The interim order was extended until further orders

¶194

on 05.11.2020. Subsequently, on 16.03.2020, the Government issued a communication to the Deputy Director to suspend the Headmistress and to initiate action against the Manager. The Government issued the said direction as the Headmistress was due to retire on 31.05.2020. That order was challenged before

¶195

WPC No. 290 of 2020 and conn. Cases 33

¶196

this Court in W.P.(C)No.9998/2020, and the same is stayed and the writ petition is pending. On 28.06.2021, Ext.P23 order was issued by the Tribunal for Local Self Government Institutions directing the local Panchayath to grant the building number and fitness certificate to the building where Higher Secondary School was functioning. It is the case of the petitioner that, despite the order of the Tribunal, the Assistant Executive Engineer did not issue the fitness certificate. The petitioner approached this Court by filing W.P.(C)No.20258/2021, and this Court passed an interim order to issue a fitness certificate. Based on the same, that too after filing a Contempt case, the fitness certificate was issued on 16.11.2021. Thereafter, Ext.P25 order was issued by the Director of General Education permitting the conduct of classes for the Higher Secondary Section in the new building. Therefore, it is submitted by the petitioner that, in view of an interim order passed by this court in W.P.(C)No.12771/2020 and also in the light of Ext.P25 order, the Higher Secondary School is functioning in the new building

¶197

WPC No. 290 of 2020 and conn. Cases 34

¶198

without any legal impediment. As per Ext.P25, the Director General of Education (Higher Secondary Wing) directed the issuance of staff fixation order for the higher secondary section from 2014-15 onwards. Despite Ext.P25 order, no action was taken and hence the petitioner filed WP(C) Nos.32716 and 33882 of 2022 before this Court for the implementation of Ext.P25 order and the issuance of staff fixation order in the higher secondary school section. Thereafter, that is, after a positive direction from this Court, it is submitted that the staff fixation for the higher secondary school section for the year 2014-15 was issued. It is the submission of the petitioner that in view of Ext.P25 and the issuance of staff fixation orders in the higher secondary school sections, Ext.P17 order has become redundant, and there is no requirement to set apart classes in the higher secondary section for the higher secondary department as stated in Ext.P17. The main prayer in WP(C) No.290 of 2020 is to set aside Ext.P17 and to restore Ext.P2 staff fixation order. The staff fixation order for the academic

¶199

WPC No. 290 of 2020 and conn. Cases 35 year 2019-20 was issued on 17.07.2019, sanctioning only 126 divisions even though the petitioner’s school was eligible for 168 divisions. This is the reason for setting apart the classroom for the higher secondary section. Again on 18.08.2022 the staff fixation order for the academic year 2022-23 was issued. According to the petitioner, the school is eligible for 177 divisions, but only 126 divisions were sanctioned. In view of Ext.P25 setting apart of classrooms for the higher secondary school division, the petitioner filed WP(C) No.28179 of 2022 challenging the staff fixation order for the academic year 202223 on the ground that Ext.P17 order has become redundant in view of Ext.P25 order permitting to conduct all higher secondary classes in the new building. It will be better to extract the prayers in WP(C) No.28179 of 2022 hereunder:

¶200

“i. Issue a writ of certiorari calling for the records leading to Exhibits- P18 and to set aside the same;

¶201

ii. Issue a writ of mandamus directing respondents 2 and 3 to issue the staff fixation order for the academic year 2022-23 considering Exhibit-P16 and also the student strength and the accommodation facilities available at the school.

¶202

WPC No. 290 of 2020 and conn. Cases 36

¶203

iii. Issue a writ declaring that Exhibit-P18 is totally arbitrary, illegal and unsustainable.

¶204

iv. Issue a writ declaring that the 2nd respondent is bound by Exhibit- P16 and the same cannot be ignored;

¶205

v. Dispense with the filing of translation of vernacular documents;

¶206

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶207

Ext.P16 in WP(C)No.28179 of 2022 is Ext.P25 in WP(C) No.290 of 2020. Ext.P18 in WP(C) No.28179 of 2022 is the staff fixation order for the academic year 2022-23. It is the submission of the petitioner that Ext.P18 in WP(C) No.28179 of 2022 will not stand in the light of Ext.P16 in that case (Ext.P25 in WP(C) No.290 of 2022).

¶208

It is also the case of the petitioner that in view of Ext.P25 order and consequential issuance of staff fixation order in the higher secondary school for the year 2014-15, Ext.P17 and the directions therein to set apart classrooms for the higher secondary school division has become redundant and inoperative. Therefore, in the staff fixation order for the years

¶209

WPC No. 290 of 2020 and conn. Cases 37 2019-20 and 2022-23, sanctioning only 126 divisions is liable to be revised, and the requisite number of divisions and posts should be sanctioned is the submission.

¶210

It is also the further submission of the petitioner that the appointment of 85 teachers in the school is not approved in view of Ext.P17 order and in the pendency of WP(C) No.290 of 2020. These teachers were appointed either on promotion vacancy or on additional vacancy sanctioned. The petitioner has also appointed the required number of protected teachers as stipulated in the various executive orders issued by the Government for the approval of appointment in the additional vacancy, is the submission. Despite the same, the appointment of the teachers has not been approved and they have been working without salary for more than 5 to 6 years is the submission. The teachers and the manager have filed WP(C) No.40219 of 2022, 40849 of 2022, 40889 of 2022 and 40953 of 2022, seeking directions from the educational authorities to approve the appointment of 85 teachers. It will be better to

¶211

WPC No. 290 of 2020 and conn. Cases

¶212

¶213

extract the prayers in the above writ petitions hereunder:

¶214

WP(C) No.40219 of 2022

¶215

“i. Issue a writ of certiorari calling for the records leading to Exhibits-P12 to P28 and to quash the same;

¶216

ii. Issue a writ of mandamus directing respondents 2 & 3 to approve the appointment of respondents 2 to 18 (actually petitioner 2 to 18) in the light of Exhibit-P10 order of the 1st respondent and the staff fixations issued thereunder;

¶217

iii. Issue a writ of mandamus directing the respondents to disburse the salary, arrears of salary and other benefits expeditiously to petitioners 2 to 18 on approval of their appointment;

¶218

iv. Issue a writ declaring that the rejection of approval of appointment of petitioners is totally arbitrary, unjust and unfair;

¶219

v. Dispense with filing of the translation of vernacular documents;

¶220

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶221

WP(C) No.40849 of 2022

¶222

“i. Issue a writ of certiorari calling for the records leading to Exhibits-P12 to P18 and to quash the same;

¶223

ii. Issue a writ of mandamus directing respondents 2 & 3 to approve the appointment of petitioners 2 to 8 in the

¶224

¶225

WPC No. 290 of 2020 and conn. Cases

¶226

light of Exhibit-P10 order of the 1^st respondent and the staff fixations issued thereunder;

¶227

iii. Issue a writ of mandamus directing the respondents to disburse the salary, arrears of salary and other benefits expeditiously to petitioners 2 to 8 on approval of their appointment;

¶228

iv. Issue a writ declaring that the rejection of approval of appointment of petitioners 2 to 8 is totally arbitrary, unjust and unfair;

¶229

v. Dispense with filing of the translation of vernacular documents;

¶230

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶231

WP(C) No.40889 of 2022

¶232

“i. Issue a writ of certiorari calling for the records leading to Exhibit-P12 to P36 and to quash the same;

¶233

ii. Issue a writ of mandamus directing respondents 2 & 3 to approve the appointment of Petitioners 2 to 26 in the light of Exhibit-P10 order of the 1s respondent and the staff fixations issued thereunder;

¶234

iii. Issue a writ of mandamus directing the respondents to disburse the salary, arrears of salary and other benefits expeditiously to petitioners 2 to 26 on approval of their appointment;

¶235

iv. Issue a writ declaring that the rejection of approval of appointment of petitioners 2 to 26 is totally arbitrary, unjust and unfair;

¶236

¶237

WPC No. 290 of 2020 and conn. Cases

¶238

v. Dispense with filing of the translation of vernacular documents;

¶239

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶240

WP(C) No.40953 of 2022

¶241

“i. Issue a writ of certiorari calling for the records leading to Exhibit-P12 to P41 and to quash the same;

¶242

ii. Issue a writ of mandamus directing respondents 2 & 3 to approve the appointment of Petitioners 2 to 31 in the light of Exhibit-P10 order of the 1st respondent and the staff fixations issued thereunder;

¶243

iii. Issue a writ of mandamus directing the respondents to disburse the salary, arrears of salary and other benefits expeditiously to petitioners 2 to 31 on approval of their appointment;

¶244

iv. Issue a writ declaring that the rejection of approval of appointment of petitioners 2 to 31 is totally arbitrary, unjust and unfair;

¶245

v. Dispense with filing of the translation of vernacular documents;

¶246

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶247

WP(C) No.10664 of 2019 is filed by the petitioner

¶248

manager in WP(C) No.290 of 2020 challenging Ext.P1 in that

¶249

WPC No. 290 of 2020 and conn. Cases 41

¶250

writ petition by which a show cause notice is issued for taking over the management of the school. This Court stayed all further proceedings in Ext.P1 as per the order dated 04.04.2019. The main reason mentioned in Ext.P1 is based on Ext.P17 order in WP(C) No.290 of 2020.

¶251

WP(C) No.12046 of 2021 is filed by the petitioner in WP(C) No.290 of 2022 with following prayers:

¶252

“i. Issue a writ of certiorari calling for the records leading to Exhibits-P11, P12, P13 and P14 and to quash the same;

¶253

ii. Issue a writ in the nature of mandamus, directing the approval of the teachers, whose proposals have been rejected through Exhibits-P11 and P12 by following the Government Order and the Circular of the Director of General Education;

¶254

iii. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” (sic)

¶255

Exts.P11, P12, P13 and P14 are orders rejecting the

¶256

approval of appointment of teachers. The submission of the petitioners is that if Ext.P17 is set aside, the reconsideration of the above proposal is necessary. It is the petitioners' submission that a perusal of the dates and events in these

¶257

WPC No. 290 of 2020 and conn. Cases 42

¶258

cases would show that the school and the manager are being harassed on extraneous consideration. It is the case of the petitioners that the educational authorities were aware of the shifting of the higher secondary school section to the new building and even recommended the ratification of shifting to the new building. Thereafter, only in 2018-19, an issue was raised, that too, at the instance of the 6^th respondent, Sri. Dinesan Madathil, the then additional private secretary of the Hon’ble Minister for education, is the submission. It is the definite case of the petitioner that the 6^th respondent has a vendetta against the school and the manager as he was suspended from service based on the complaint submitted by the petitioner while the 6^th respondent was working as Deputy Director of Education, Kannur. A haste in issuing orders against the school, one after the other, would evidence the vendetta and extraneous consideration of the school. Hence, it is submitted that the prayers in WP(C) No.290 of 2020 may be allowed, and consequentially the prayers in the other writ

¶259

WPC No. 290 of 2020 and conn. Cases

¶260

¶261

petitions also may be allowed.

¶262

Heard the Senior Counsel, Sri.George Poonthottam, instructed by his retaining counsel Adv.A.L.Navaneeth Krishna. I also heard the Government Pleader, Sri.K.M.Faizal.

¶263

The Senior Counsel narrated the facts in detail and took me through all the exhibits in the writ petitions, especially in WP(C) No.290 of 2020. The crux of the submission of the Senior Counsel is that in the light of Ext.P25 order produced in WP(C) No.290 of 2020 Ext.P17 order will not stand, and therefore, Ext.P17 order in WP(C) No.290 of 2020 may be set aside and consequentially the prayers in the other writ petitions may also be allowed. The Senior Counsel submitted that the personal vendetta of the 6^th respondent, which is narrated in the writ petition, is the reason why the department is behind the school. The Senior Counsel submitted that the School is one of the best schools in Kannur District and the facilities in the school are first rate. The counsel also took me through a Commission Report submitted by the Advocate Commissioner,

¶264

WPC No. 290 of 2020 and conn. Cases 44

¶265

the Senior Counsel Smt.V.P.Seemanthini, which was submitted in WP(C) No.5143 of 2022. The Senior Counsel, with her advocate on record, inspected the school and submitted that the overall ambience of both the higher secondary and high school building complex is exemplary and fine. The personal vendetta of the 6^th respondent may not be an obstacle for the smooth functioning of the school.

¶266

The Government Pleader, on the other hand, supported the impugned orders. But the Government Pleader submitted that in view of the submission of the senior counsel for a reconsideration of the entire issue in the light of Ext.P25 order, there might not be any problem in reconsidering the entire issue by the department. But the Government pleader submitted that there may not be any specific observation by this court and let the statutory authorities pass appropriate orders in accordance with law.

¶267

This Court considered the contentions of the petitioner and the Government Pleader. The Kadambur Higher

¶268

WPC No. 290 of 2020 and conn. Cases 45 Secondary School is situated in Kannur District. About 7,000 students are studying in the school from

¶269

Classes I to XII. There is no serious dispute to the effect that for the last 20 years, there has been a record cent percentage pass of students in the SSLC examination. The 1^st batch of plus two students appeared for the Board examination in the year 2002 in the school. From then onwards, for the last 17 years, the school has had a record of 100% pass continuously.

¶270

A Senior Counsel of this Court, namely Adv.V.P.Seemanthini was appointed as the Commissioner in WP(C) No.5143 of 2022. The report of the Commissioner is produced as Ext.P34. It will be better to extract the contents of the report submitted by the Senior Counsel before this Court hereunder:

¶271

“First, we inspected the Higher Secondary School building block. Thereafter, we inspected the High School building block, which is situated 550 meters away from the Higher Secondary building block.

¶272

We inspected the facilities available in each and every floors of both Higher Secondary and High School building

¶273

WPC No. 290 of 2020 and conn. Cases 46

¶274

complex. Overall ambience of both Higher Secondary and High School building complex are exemplarily and attractive. All required infrastructural facilities for conducting both Higher Secondary and High School classes are available in those two building complexes.

¶275

We have taken note of installation of CCTV camera with voice recorder in all the rooms in the Higher secondary building complex.

¶276

It is reported that, the school was maintaining very high standard of education, with 100% pass results, up to the academic year 2019.

¶277

We are informed that, at the request of PTA, SMART CLASS rooms were started in the third floor of the Higher Secondary building complex, by installing highly sophisticated Hi-Tech facilities, for conducting both online and off line classes in all subjects to the Higher Secondary students.

¶278

We were informed that, such Hi-Tech facilities were installed by an " AMERICAN SOFTWARE CONCERN " in the year 2014.

¶279

The manager and few teachers present at the time of inspection informed us that, due to 6th respondent's nonco-operative attitude, the students were/are being prevented from taking full advantage of all those facilities.

¶280

They also informed us, that, because of the existence of such highly sophisticated SMART CLASS rooms in the school, throughout the COVID period, teachers had no difficulty at all, in imparting education to all students, in all subjects, as they had been doing in the normal periods.

¶281

We are also informed that, during COVID period,

¶282

¶283

WPC No. 290 of 2020 and conn. Cases

¶284

Victors TV channel personals have adopted their pattern, for imparting education to students throughout Kerala State.

¶285

TWO WRIT PETITIONERS WHO WERE PRESENT ON THE SPOT, THROUGHOUT THE INSPECTION PERIOD INFORMED US THAT, THE GRIEVANCE, THEY WANTED TO HIGHLIGHT BEFORE THIS HON'BLE COURT WAS; ABOUT THE DEFICIENCY OF THE TEACHING STAFF IN HIGHER SECONDARY SECTION. As a matter of fact, few Higher Secondary teachers complained about deficiency of teaching staff for the subjects, Physics, Maths, Chemistry and Malayalam.

¶286

Before concluding Higher Secondary building Block site inspection, more than 15 teachers of High school and few PTA members requested us to hear their grievance also. The grievance highlighted by the teachers was that, though all of them are working in the duly sanctioned posts, they have been compelled to work without salary for the last few years, only because of the pendency of various litigations before various forums (including the above writ petition). Those PTA members only highlighted the deficiency of required staff in the Higher Secondary section.

¶287

HIGH SCHOOL BUILDING COMPLEX

¶288

1.We could notices 82 SMART CLASS ROOMS in the High School Section.

¶289

2. In the High School building complex, no CCTV facilities are available. We could notice that, works are in progress for installation of the same in the High School class

¶290

WPC No. 290 of 2020 and conn. Cases

¶291

¶292

rooms.

¶293

3. The High School block is having more than the required number of urinals and toilets, as stipulated in Chapter IV Rule 9 KER.

¶294

SEPARATE REPORTS ON THE WORK MEMOS SUBIMITTED BY PETITIONERS AND 5TH RESPONDENT WITH THE SUPPORTING DOCUMENTS MADE AVAILABLE TO US BY THE 5TH RESPONDENT'S COUNSEL ARE ATTACHED WITH THIS REPORT AND MAYBE MARKED AS Annexure C2 & C3.

¶295

The following documents; which we feel, may help this Hon'ble Court, to get a clear picture, about the details to be reported by us, as shown in the work memos submitted by either side, which were made available to us (on our request) may be marked as Annexure C4 to C8.

¶296

Parties present on the spot at the time of inspection, including 5th and 6th respondents handed over to us separate written submissions (which are very voluminous in nature). All those documents are not being attached to this report. The same can made available to this Hon'ble Court, as and when required by this Hon'ble Court.”

¶297

From the above report, it can be seen that the school is functioning with highly sophisticated smart classrooms. There are CCTV cameras fixed in the school, and the senior counsel who was appointed as the Commissioner found that the overall ambience of both the Higher Secondary and High School

¶298

WPC No. 290 of 2020 and conn. Cases 49 building are exemplary and attractive. There is no serious dispute regarding the fact that the school is providing transportation facilities to cater the needs of students, for which the management has arranged 58 vehicles.

¶299

Very serious allegations are raised against the 6^th respondent in W.P.(C.) No. 290/2020, who was the then Addl. Private Secretary to Minister for General Education. The specific allegations raised against the 6^th respondent is not seen controverted by filing a counter affidavit by the 6^th respondent. After going through the dates and events in this case and the orders passed by the Department, I think there is some force in the argument of the petitioner that there is some enmity to the 6^th respondent against the management of the school.

¶300

Ext.P2 is the staff fixation order of the school for the academic year 2018-19. As per Ext.P2, 154 divisions were sanctioned. The petitioner claims that the school was eligible for 165 divisions. Thereafter, the 5th Respondent inspected the school and submitted Ext.P3 report stating that 26 divisions are

¶301

WPC No. 290 of 2020 and conn. Cases 50

¶302

not functioning at that time. It is important to note that the 5th Respondent inspected the school on 15.01.2019, which is the last quarter of the academic year. Ext.P4 is GO(MS) 6/89.G.Edn. dated 28.01.1989. It will be better to extract Ext.P4 Government Order.

¶303

“General Education-Staff Fixation-Supercheck Cells for detection and Prevention of irregularities in the staff fixation-Powers delegated to Supercheck Officers-Further Orders issued.

¶304

General Education (J) Department

¶305

G.O.(MS)6/89/G.Edn. Trivandrum, dated 26-1-1989 Read-1. G.O.(Ms)117/08/G.Edn. dated 10-7-1986

¶306

2.G.O.(Ms)72/78/G.Edn. Dated 13-5-1978

¶307

ORDER

¶308

As per the G.Os read above, two Supercheck Cells (one at Trivandrum, and the other at Kozhikode) were constituted in the Education Department for detection and Prevention of irregularities in staff fixation.

¶309

As per rule 16, Chapter XXII, KE.R., the Supercheck Officers can enter any school or any office of the Education Department, call for the relevant records and make enquiries to find out whether any irregularity has been committed in staff fixation. In the course of the said enquiry, the authorised officer can inspect school, verify the strength of pupils, check the area of class-rooms, call for records from the Headmasters, Managers

¶310

WPC No. 290 of 2020 and conn. Cases 51

¶311

and Educational Officers and do such other acts as may be deemed necessary. As soon as the enquiry is over the authorised officer shall send a detailed report there on to the Director for appropriate action in the matter.

¶312

In the G.O. read first, it has been ordered, among other things, that the Deputy Secretaries in charge of the Cells Will be delegated with the powers of the Director of Public Instruction for the purpose of staff fixation and connected activities, so they can themselves call for explanation based on their surprise check and for reduction of staff wherever necessary.

¶313

Pending issue of amendments to K.E.R. In the light of the above orders, Government hereby order as follows:i.Verification of Measurements of Buildings

¶314

The Supercheck Officers need not physically take measurements of school buildings as this is being done by the Controlling Officers at the time of fixation of Staff.

¶315

ii. Passing final orders by Supercheck Officers:-

¶316

This need not be done. It would suffice that, the Supercheck Officers send a report to the Director of Public instruction for necessary action as provided in the rules, vide para 2 above.

¶317

iii. Physical Verification of pupil Strength:-

¶318

In order to have some finality above the Physical verification of student strength, it is ordered, that the physical verification of pupils strength in the third Term of the academic year will be avoided. The last super check should be over on or before 30th November of every year at the latest.

¶319

The Director of Public Instruction will forward a comprehensive/revised proposal for amending relevant rules in

¶320

WPC No. 290 of 2020 and conn. Cases

¶321

¶322

KER.”

¶323

On a reading of Ext.P4 coupled with Ext.P3 report of the 5th Respondent, it is clear that the inspection of the 5th Respondent and some of the findings in Ext.P3 report of the 5th Respondent are in violation of Ext.P4.

¶324

In Ext.P3, it is stated that there are only 128 divisions available and 27 divisions are not functioning in the school till date. But it is interesting to note the entries in Exts.P5 and P6, the attendance register of the classes. Ext.P5 is the true copy of the attendance register of the classes, wherein the inspection was not conducted by the 5th Respondent and Ext.P6 is the attendance register of the classes, which the 5th Respondent inspected. This can be found out by the endorsement of the 5th Respondent’s officials in Ext.P5 and P6.

¶325

Thereafter, the District Educational Officer conducted an inspection. Ext.P7 is the report of the District Educational Officer. It is the definite case of the petitioner that the District Educational Officer did not inspect the classroom before

¶326

WPC No. 290 of 2020 and conn. Cases 53

¶327

submitting Ext.P7 report. That contention of the petitioner also seems to be correct. As stated by the writ petitioner, Ext.P7 is only a mere replication of Ext.P3 report. It is the definite case of the petitioner in W.P.(C)No.290/2020 that the 3^rd respondent remained in the office of the school and did not conduct an inspection as alleged in Ext.P7. Ext.P8 is produced to prove the same. It is the case of the petitioners that if the 3rd respondent or the 5 th respondent had actually conducted the inspection, the 3rd respondent or the 5 th respondent would have ascertained the total number of divisions functioning in the school and would have affixed their signature in the attendance register of the classroom, where they had allegedly conducted the inspection. That also seems to be correct.

¶328

Moreover, as per Ext.P9, a joint inspection was conducted in which it was found that 149 classrooms were ready to function. Ext.P9 report negates to some extent Ext.P3 and P7 by respondent Nos. 3 and 5. Thereafter, the petitioner received Ext.P10 show cause notice. The petitioner submitted

¶329

WPC No. 290 of 2020 and conn. Cases 54 Ext.P11 explanation to Ext.P10 Show Cause Notice. It is the

¶330

definite case of the petitioner that the students in classes IV, V and VI were clubbed at the time of inspection by the authorities because several teaching staff were on leave, and students in various divisions were clubbed only in their best interest. Thereafter, Ext.P17 report came. In Ext.P17, the main grounds are mentioned in paragraphs 30 onwards. But at this stage, Ext.P25 is to be looked into. As per Ext.P25, the Director of General Education directed to take necessary steps to issue staff fixation order in the Higher Secondary section of the school from 2014-15 onwards and the Manager was directed to submit the required fitness certificate for the forthcoming academic year 2022-23 before the RDD in respect of the building in which Higher Secondary Classes are going on at present. In light of Ext.P25 order, I am of the considered opinion that Ext.P17 will not stand. As per Ext.P25, DGE permitted the conduct of the Higher Secondary School in the building where the classes are now going on, and a direction

¶331

WPC No. 290 of 2020 and conn. Cases 55

¶332

was given to issue staff fixation order from 2014-15 onwards. It is submitted that the fitness certificate, as directed therein, was also submitted. Ext.P25 was issued by the DGE, considering all aspects, including the fitness certificate issued to the building. A reading of Ext.P25 will show that the same has brought quietus to the entire issue as the petitioner was permitted to conduct classes Higher Secondary Classes in the new building. Therefore, the main reason for issuing Ext.P17 has now become redundant, as submitted by the petitioners. Therefore, in my opinion, in the light of Ext.P25, Ext.P17 can be set aside.

¶333

A school which is functioning with high-tech facilities and good educational results should be encouraged by the Department is my considered opinion. There may be some minor defects or irregularities when such a big educational institution is functioning with about 7000 students studying. The department should be pragmatic in such situations. Those defects have to be cured by the Department by issuing appropriate direction to the Management at appropriate time,

¶334

WPC No. 290 of 2020 and conn. Cases 56

¶335

considering the future of the students. The students community

¶336

shall not suffer because of the lack of teaching staff and the teachers also shall not suffer to work without getting their salary. Without going further in detail, I think Ext.P17 can be set aside in the light of Ext.P25 and Ext.P2 staff fixation order in W.P.(C.) No. 290/2020 can be restored.

¶337

As far as W.P.(C.) Nos. 40219/2022, 40849/2022, 40953 and 40889/2022 are concerned those are filed by the affected teachers and the Management for approval against the rejection of approval of their appointment. Those orders can be set aside in the light of Ext.P10 produced in those writ petitions which is Ext P25 in W.P.(c) No.290 of 2020.

¶338

As far as W.P.(C.) No. 12046/2021 is concerned, the same is filed challenging Exts.P11, P12 and P13. The writ petition was filed by the Manager of the school challenging the rejection of approval of the appointment of teachers in light of Ext.P17 in W.P.(c) No.290 of 2020 and also for not following the orders of the government to appoint protected teachers. If the

¶339

WPC No. 290 of 2020 and conn. Cases 57

¶340

petitioner is ready to execute bond in tune with the G.O(P) 10/10/GEDN, there may not be any problem to pass approval orders of the teachers in the light of Ext.P25 in W.P.(c) No.290 of 2020. Hence the impugned orders in this case also can be set aside, and there can be a direction to reconsider the same, in the light of the fact that Ext.P25 in W.P.(C.) No. 290/2020.

¶341

W.P.(C.) No. 10664/2019 is filed against Ext.P1 show cause notice to take action against the Manager in the light of the findings in Ext.P17 in W.P.(C.) No. 290/2020. In the light of the fact that Ext.P17 is quashed, Exts.P1 and P20 can be quashed in W.P.(C.) No. 10664/2019.

¶342

W.P.(C)No.28179/2022 is filed challenging Ext.P18 produced in that W.P.(C), which is the staff fixation order for the academic year 2022-23. In the light of the fact that Ext.P17 in W.P.(C)No.290/2020 is quashed, Ext.P18 also can be quashed, directing to pass fresh orders by the educational authorities.

¶343

Therefore, these writ petitions are allowed in the following manner:

¶344

WPC No. 290 of 2020 and conn. Cases 58

¶345

1. W.P.(C.) No. 290/2020 is allowed. Ext.P17 is set

¶346

aside, and Ext.P2 staff fixation order is restored.

¶347

1. W.P.(C)Nos.40219/2022, 40849/2022, 40953/2022

¶348

and 40889/2022 are allowed, and the impugned orders in these writ petitions are set aside. There will be a direction to the competent authority among the respondents in these cases to approve the appointment of the teachers in these cases in the light of Ext.P10 in these writ petitions and also in the light of the findings in W.P.(C.) No. 290/2020, if the proposal for approval is otherwise in order, as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment.

¶349

W.P.(C.) No. 10664/2019 is allowed, and Exts.P1 and

¶350

P20 are quashed in the light of the findings in W.P.(C)No. 290/2020.

¶351

W.P.(C)No.12046/2021 is allowed, and Exts.P11, P12, P13 and P14 in this writ petition are quashed. There will be a direction to the competent authority among the

¶352

WPC No. 290 of 2020 and conn. Cases 59

¶353

respondents to approve the appointment of the teachers in the light of the observations in this judgement, if the proposal for approval is otherwise in order, as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment.

¶354

W.P.(C)No.28179/2022 is allowed. Ext.P18 is set aside and there will be a direction to the competent authority among the respondents to pass fresh staff fixation orders in the light of the findings in W.P. (C) No. 290/2020 as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment.

¶355

Sd/-

¶356

DM DAS SKS

¶357

P.V.KUNHIKRISHNAN JUDGE

¶358

APPENDIX OF WP(C) 10664/2019

¶359

WPC No. 290 of 2020 and conn. Cases 60

¶360

PETITIONER EXHIBITS

¶361

WPC No. 2	90 of 2020 a	nd conn. Cases 61
`EXHIBIT`	`P1`	`TRUE COPY OF THE SHOW CAUSE NOTICE` `NO.B2/5573/2019 DATED 21.03.2019 ISSUED BY` `THE DEPUTY DIRECTOR OF EDUCATION, KANUR`
`EXHIBIT`	`P2`	`TRUE COPY OF THE LETTER/COMPLAINT` `BO.B4/1159/2014 (2) DATED 19.07.2014` `ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION` `KANNUR`
`EXHIBIT`	`P3`	`TRUE COPY OF THE REPORT GIVEN BY THE` `DY.S.P. TO THIS SUPERIOR OFFICER DATED` `16.08.2014`
`EXHIBIT`	`P4`	`TRUE COPY OF THE COMPLAINT/LETTER DATED` `27.10.2014 ISSUED BY THE PARENT TEACHER` `ASSOCIATION TO THE HON'BLE CHIEF MINSTER` `OF KERALA`
`EXHIBIT`	`P5`	`TRUE COPY OF THE COMPLAINT DATED` `27.10.2014 ISSUED BY THE PETITIONER TO THE` `HON'BLE CHIEF MINISTER OF KERALA`
`EXHIBIT`	`P6`	`TRUE` `COPY` `OF` `THE` `NOTICE` `NO.63510/C3/2014/G.EDN DATED 13.11.2014` `ISSUED BY THE GOVERNMENT`
`EXHIBIT`	`P7`	`TRUE COPY OF THE ORDER NO.G.O.(RT)` `NO.147/2015/G.EDN DATED 13.01.2015 PASSED` `BY THE GOVERNMENT`
`EXHIBIT`	`P8`	`TRUE COPY OF THE ORDER NO.B4/11597/2014910` `DATED 26.06.2014 ISSUED BY THE DEPUTY` `DIRECTOR OF EDUCATION`
`EXHIBIT`	`P9`	`TRUE COPY OF ORDER NO.B4/11597/2014920` `DATED 26.06.2014 ISSUED BY THE DEPUTY` `DIRECTOR OF EDUCATION`
`EXHIBIT`	`P10`	`TRUE COPY OF THE COMMUNICATION NO.KHSS-A-` `32/2014 DATED 11.08.2014 ISSUED BY THE`
		`MANAGER TO THE DIRECTOR OF HIGHER` `SECONDARY EDUCATION`
`EXHIBIT`	`P11`	`TRUE COPY OF THE REMARKS ENTERED IN THE`

¶362

¶363

WPC No. 290 of 2020 and conn. Cases

¶364

VISIT BOOK BY THE REGIONAL DEPUTY DIRECTOR
ON 17.08.2014
EXHIBIT P11TRUE TYPED COPY OF EXHIBIT P11
EXHIBIT P12TRUECOPYOFTHECIRCULAR
NO.H92)/34017/2017/D.P.I DATED 20.06.2017
ISSUED BY THE DPI
EXHIBIT P13TRUE COPY OF THE ENTRY IN THE VISITORS
BOOK BY THE DEO DATED 12.07.2017
EXHIBIT P14TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2017-18 BEARING NO.B4/3514/2017
DHEE THEE (MAL) DATED 10.04.2018 ISSUED BY
THE DISTRICT EDUCATIONAL OFFICER
EXHIBIT P15TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED BY THE COMPETENT OFFICER
EXHIBIT P16TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED BY THE COMPETENT AUTHORITY DATED
31.05.2018
EXHIBIT P17TRUECOPYOFTHECOMMUNICATION
NO.A4/3091/2018 DATED 14.11.2018 ISSUED BY
THE REGIONAL DEPUTY DIRECTOR
EXHIBIT P18TRUE COPY OF THE COMMUNICATION/REPLY
NO,KHSS-MGR-242/2019 SUBMITTED BY THE
PETITIONER DATED 27.03.2019
EXHIBIT P19TRUE COPY OF THE COMMUNICATION SUBMITTED
BY THE PETITIONER TO THE DEPUTY DIRECTOR
OF EDUCATION DATED 30.03.2019
EXHIBIT P20TRUE COPY OF THE HEARING NOTICE
NO.B2/5573/2019 DATED 390.03.2019 ISSUED
BY THE DEPUTY DIRECTOR OF EDUCATION
EXHIBIT P21:TRUE COPY OF THE VISIT NOTE DATED
12/07/2019.
Exhibit P26TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR
LOCALSELFGOVERNMENTINSTITUTIONS

¶365

WPC No. 290 of 2020 and conn. Cases 63

¶366

	`DATED28/06/2021`	`IN APPEAL NO.731/2019.`
`Exhibit P27`	`TRUE COPY OF THE` `16/11/2021 FOR` `31/05/2022.`	`FITNESS CERTIFICATE DATED` `THE PERIOD 09/11/2021 TO`
`Exhibit P27(a)`	`TRUE COPY OF THE` `31/05/2022 FOR` `31/05/2023.`	`FITNESS CERTIFICATE DATED` `THE PERIOD 01/06/2022 TO`
`Exhibit P28`	`TRUE` `COPY` `NO.ACD.C3/166372`	`OF` `THE` `ORDER` `/HSE/2019 DATED 31/03/2022`
	`PASSED BY THE` `EDUCATION.`	`DIRECTOR OF GENERAL`
`Exhibit P29`	`TRUE COPY OF`	`THE PROPOSAL BEARING`
	`NO.K.H.S.S.-A-32` `GIVEN BY THE PET`	`/2014 DATED 05/04/2022` `ITIONER.`
`Exhibit P30`	`TRUE COPY OF`	`THE PROPOSAL BEARING`
	`NO.K.H.S.S.-A-32` `GIVEN BY THE PET`	`/2014 DATED 07/06/2022` `ITIONER.`

¶367

WPC No. 290 of 2020 and conn. Cases

¶368

¶369

APPENDIX OF WP(C) 12046/2021

¶370

PETITIONER EXHIBITS

¶371

`Exhibit P1`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO B4/6235/2017 K.DIS` `18.12.2017 ISSUED BY THE 4TH RESPOND`	`DATED` `ENT`
`Exhibit P2`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO B4/27772017 K.DIS` `14.7.2017 ISSUED BY THE 4TH RESPONDE`	`DATED` `NT`
`Exhibit P3`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO B4/2922/2018 K.DIS` `3.7.2018 ISSUED BY THE 4TH RESPONDEN`	`ORDER` `DATED` `T`
`Exhibit P4`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO .K.DIS B4/50798/2019` `17.7.2019 ISSUED BY THE 4TH RESPONDE`	`ORDER` `DATED` `NT`
`Exhibit P5`	`TRUE COPY OF THE GOVERNMENT ORDER B` `GO(P) NO 10/10/G.DN DATED 12.1.2010`	`EARING`
`Exhibit P6`	`TRUE COPY OF THE ORDER DATED 4.` `PASSED BY THE HONBLE SUPREME COU` `SLA(C0 NO 5875/2016`	`4.2016` `RT IN`
`Exhibit P7`	`TRUE COPY OF THE GOVERNMENT ORDER B` `GO(P) NO 4/2021/G.EDN DATED 6.2.2021`	`EARING`
`Exhibit P8`	`TRUE COPY OF THE GOVERNMENT ORDER /` `BEARING` `NO` `J2/87/2020/G.EDN` `25.2.2021`	`LETTER` `DATED`
`Exhibit P9`	`TRUE` `COPY` `OF` `THE` `CIRCULAR` `H2/19500/2019/D.G.E DATED 26.2.202` `ENCLOSED FORMAT OF UNDERTAKING`	`NO` `1 WITH`
`Exhibit P10`	`TRUE COPY OF THE COMMUNICATIO` `K.H.S.S.H.S-10/2021 DATED 12.3.2021` `BY THE PETITIONER WITH LIST OF TEACH`	`N NO` `ISSUED` `ERS`
`Exhibit P11`	`TRUE COPY OF THE COMMUNICATIO`	`N NO`
	`B4/1314/2021 DATED 4.5.2021 ISSUED`	`BY THE`

¶372

WPC No. 290 of 2020 and conn. Cases 65

¶373

	`4TH RESPONDENT ALONG WITH ENCLOSED` `AFFIDAVIT DATED 15.3.2021`
`Exhibit P12`	`TRUE COPY OF THE LIST OF TEACHERS` `SUBMITTED FOR APPROVAL THROUGH THE` `SAMANWAYA PORTAL`
`Exhibit P13`	`TRUE COPY OF THE ORDER NO B4/20967/2021` `DATED 20.5.2021 ISSUED BY THE D.E.O KANNUR`
`Exhibit P14`	`TRUE COPY OF THE ORDER NO B4/21074/2021` `DATED 22.5.2021 ISSUED BY THE D.E.O KANNUR`
`Exhibit P15`	`TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR` `LOCAL SELF GOVERNMENT INSTITUTIONS DATED` `28/06/2021 IN APPEAL NO.731/2021.`
`Exhibit P16`	`TRUE COPY OF THE FITNESS CERTIFICATE DATED`
	`16/11/2021 FOR THE PERIOD 09/11/2021 TO` `31/05/2022.`
`Exhibit P16(a)`	`TRUE COPY OF THE FITNESS CERTIFICATE DATED`
	`31/05/2022 FOR THE PERIOD 01/06/2022 TO` `31/05/2023.`
`Exhibit P17`	`TRUE` `COPY` `OF` `THE` `ORDER`
	`NO.ACD.C3/166372/HSE/2019 DATED 31/03/2022`
	`PASSED BY THE DIRECTOR OF GENERAL` `EDUCATION.`
`Exhibit P18`	`TRUE COPY OF THE PROPOSAL BEARING`
	`NO.K.H.S.S-A-32/2014DATED 05/04/2022 GIVEN` `BY THE PETITIONER.`
`Exhibit P19`	`TRUE COPY OF THE PROPOSAL BEARING`
	`NO.K.H.S.S.-A-32/2014 DATED 07/06/2022` `GIVEN BY THE PETITIONER.`

¶374

WPC No. 290 of 2020 and conn. Cases

¶375

¶376

APPENDIX OF WP(C) 28179/2022

¶377

PETITIONER EXHIBITS

¶378

`Exhibit P1`	`TRUE COPY OF THE FITNESS CERTIFICATE DATED`
	`31.05.2018 ISSUED BY THE ASSISTANT` `ENGINEER,` `LSGD` `SECTION,` `KADAMBUR` `PANCHAYATH FOR THE ACADEMIC YEAR 2018-19.`
`Exhibit P2`	`TRUE COPY OF THE ORDER NO.4/2922/2018`
	`K.DIS DATED 03.07.2018 ISSUED BY THE 2ND` `RESPONDENT.`
`Exhibit P3`	`TRUE COPY OF THE REPORT NOTED IN THE` `INSPECTION BOOK BY THE AUTHORISED OFFICER.`
`Exhibit P4`	`TRUE COPY OF THE REPORT SUBMITTED BY THE` `DEO` `ALONG` `WITH` `COVERING` `LETTER` `NO.B4/645/2019 DATED 21.02.2018.`
`Exhibit P5`	`TRUE COPY OF THE REPORT DATED 28.02.2019` `SUBMITTED BY THE 3RD RESPONDENT.`
`Exhibit P6`	`TRUE` `COPY` `OF` `THE` `NOTICE`
	`NO.S.C/10/2019/K.K.D` `DATED` `23.03.2019` `ISSUED BY THE 1ST RESPONDENT.`
`Exhibit P7`	`TRUE COPY OF THE VISIT NOTE DATED` `12.07.2017 ISSUED BY THE D.E.O.`
`Exhibit P8`	`TRUE COPY OF THE REQUEST DATED 11.08.2014` `SUBMITTED BY THE PETITIONER TO THE` `DIRECTOR OF HIGHER SECONDARY EDUCATION.`
`Exhibit P9`	`TRUE COPY OF THE NOTE OF THE RDO IN THE` `VISIT BOOK DATED 17.08.2014, WITH ITS` `TYPED COPY.`
`Exhibit P10`	`TRUE COPY OF THE LETTER NO.A9/5933/2014` `DATED 23.09.2014 ISSUED BY THE REGIONAL`
	`DEPUTY DIRECTOR OF HIGHER SECONDARY` `EDUCATION.`
`Exhibit P11`	`TRUE` `COPY` `OF` `THE` `ORDER`

¶379

WPC No. 290 of 2020 and conn. Cases 67

¶380

	`NO.S.C.10/2019/K.K.D` `DATED` `31.12.2019` `PASSED BY THE 1ST RESPONDENT.`
`Exhibit P12`	`TRUE COPY OF THE IINTERIM ORDER DATED` `08.01.2020 IN W.P(C)NO.20/2020 PASSED BY` `THIS HON'BLE COURT.`
`Exhibit P13`	`TRUE COPY OF THE PROVISIONAL FITNESS` `CERTIFICATE ISSUED TO THE SCHOOL BUILDING` `DATED 16.11.2021.`
`Exhibit P14`	`TRUE COPY OF THE PROVISIONAL FITNESS` `CERTIFICATE ISSUED TO THE SCHOOL BUILDING` `DATED 31.05.2022`
`Exhibit P15`	`TRUE COPY OF THE INTERIM ORDER DATED` `07.07.2020 IN W.P.(C)NO.12771/2020 PASSED` `BY THIS HON'BLE COURT.`
`Exhibit P16`	`TRUE` `COPY` `OF` `THE` `ORDER` `NO.ACD.C3/166372/HSE/2019 DATED 31.03.2022`
	`ISSUED BY THE DIRECTOR OF GENERAL` `EDUCATION.`
`Exhibit P17`	`TRUE COPY OF THE ORDER NO.K.DIS` `B4/50798/2019 DATED 17.07.2019 ISSUED BY` `THE D.E.O, KANNUR.`
`Exhibit P18`	`TRUE COPY OF THE ORDER NO.K.DIS` `B4/43558/2022 DATED 18.08.2022 ISSUED BY` `THE D.E.O, KANNUR.`

¶381

WPC No. 290 of 2020 and conn. Cases 68

¶382

APPENDIX OF WP(C) 40219/2022

¶383

PETITIONER EXHIBITS

¶384

`Exhibit P1`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO.B4/6235/2017 K.DIS` `18.12.2017 ISSUED BY THE D.E.O., KANN`	`DATED` `UR.`
`Exhibit P2`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2777/2017 K.DIS` `14.07.2017 ISSUED BY THE D.E.O., KANN`	`ORDER` `DATED` `UR.`
`Exhibit P3`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2922/2018 K.DIS` `03.07.2018 ISSUED BY THE D.E.O., KANN`	`ORDER` `DATED` `UR.`
`Exhibit P4`	`TRUE COPY OF THE STAFF FIXATION` `BEARING` `NO.K.DIS.B4/50798/2019` `17.07.2019.`	`ORDER` `DATED`
`Exhibit P5`	`TRUE COPY OF THE GOVERNMENT ORDER B` `G.O.(P)NO. 4/2021/G.EDN DATED 06.02.2`	`EARING` `021.`
`Exhibit P6`	`TRUE COPY OF THE CIRCULAR NO.J2/87/`	`2020/`
	`G.EDN DATED 25.02.2021 ISSUED BY` `GOVERNMENT.`	`THE`
`Exhibit P7`	`TRUE COPY OF THE DECLARATION`	`DATED`
	`15.03.2021` `SUBMITTED` `BY` `THE` `PETITIONER.`	`1ST`
`Exhibit P8`	`TRUE COPY OF THE LETTER NO. B4/1314/`	`2021`
	`DATED 04.05.2021 ISSUED BY THE` `RESPONDENT.`	`3RD`
`Exhibit P9`	`TRUE COPY OF THE ORDER NO. SC/10/ 20`	`19/KKD`
	`DATED 31.12.2019 ISSUED BY THE` `RESPONDENT.`	`1ST`
`Exhibit P10`	`TRUE` `COPY` `OF` `THE`	`ORDER`
	`NO.ACD.C3/166372/HSE/2019 DATED 31.0` `ISSUED BY THE IST RESPONDENT.`	`3.2022`
`Exhibit P11`	`TRUE COPY OF THE INTERIM ORDER`	`DATED`

¶385

WPC No. 290 of 2020 and conn. Cases

¶386

¶387

	`18.10.2022 IN W.P.(C) 32716/2022 PASSED BY` `THIS HON'BLE COURT.`
`Exhibit P11 A`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.10.2022 IN W.P.(C) NO. 33882 OF 2022` `PASSED BY THIS HON'BLE COURT.`
`Exhibit P12`	`TRUE COPY OF THE ORDER NO.BA/ 20941/2021` `DATED 20.05.2021 REJECTING THE APPROVAL OF` `APPOINTMENT OF THE 2ND PETITIONER.`
`Exhibit P13`	`TRUE COPY O F THE ORDER NO.BA/` `14595/2919/K.DIS` `DATED` `01.12.2019`
	`REJECTING THE APPROVAL OF APPOINTMENT OF` `THE 3RD PEITIONER.`
`Exhibit P14`	`TRUE COPY OF THE ORDER NO.BA/ 20943/2021` `DATED 20.05.2021 REJECTING THE APPROVAL OF` `APPOINTMENT OF THE 4 TH PETITIONER.`
`Exhibit P15`	`TRUE COPY OF THE ORDER NO.84/ 18361/2020` `DATED 18.11.2020 REJECTING THE APPROVAL OF` `APPOINTMENT OF THE 5TH PETITIONER.`
`Exhibit P16`	`TRUE` `COPY` `OF` `THE` `ORDER` `NO.BA/`
	`15758/2019/Y.DIS` `DATED` `01.12.2019`
	`REJECTING THE APPROVAL OF APPOINTMENT OF` `THE 6TH PETITIONER.`
`Exhibit P17`	`TRUE COPY OF THE ORDER NO.BA/ 15757/2019/K`
	`DIS DATED 01.12.2019 REJECTING THE`
	`APPROVAL OF APPOINTMENT OF THE 7TH` `PETITIONER.`
`Exhibit P18`	`TRUE COPY OF THE ORDER NO.BA/ 15753/2019/K`
	`DIS DATED 01.12.2019 REJECTING THE`
	`APPROVAL OF APPOINTMENT OF THE 8TH` `PETITIONER.`
`Exhibit P19`	`TRUE` `COPY` `OF` `THE` `ORDER` `NO.B4/`
	`15762/2019/K.DIS` `DATED` `01.12.2019`
	`REJECTING THE APPROVAL OF APPOINTMENT OF` `THE 9TH PETITIONER.`

¶388

WPC No. 290 of 2020 and conn. Cases 70

¶389

`Exhibit P20`	`TRUE` `COPY` `OF` `THE`	`ORDER` `NO.B4/`
	`15761/2019/K.DIS` `DATED`	`01.12.2019`
	`REJECTING THE APPROVAL OF` `THE 10TH PETITIONER.`	`APPOINTMENT OF`
`Exhibit P21`	`. TRUE COPY OF THE` `15756/2019/K.DIS` `DATED` `REJECTING THE APPROVAL OF` `THE 11TH PETITIONER.`	`ORDER NO.B4/` `01.12.2019` `APPOINTMENT OF`
`Exhibit P22`	`TRUE COPY OF THE ORDER NO`	`.B4/ 15749/2019`
	`K.DIS DATED 01.12.2019`	`REJECTING THE`
	`APPROVAL OF APPOINTMENT` `PETITIONER.`	`OF THE 12TH`
`Exhibit P23`	`TRUE` `COPY` `OF` `THE` `15754/2019/K.DIS` `DATED`	`ORDER` `NO.B4/` `01.12.2019`
	`REJECTING THE APPROVAL OF` `THE 13TH PETITIONER.`	`APPOINTMENT OF`
`Exhibit P24`	`TRUE COPY OF THE ORDER NO` `DATED 20.05.2021 REJECTING` `APPOINTMENT OF THE 14TH PET`	`.B4/ 20934/2021` `THE APPROVAL OF` `ITIONER.`
`Exhibit P25`	`TRUE COPY OF THE ORDER NO` `DATED 25.11.2019 REJECTING` `APPOINTMENT OF THE 15TH PET`	`.B4/ 15763/2019` `THE APPROVAL OF` `ITIONER.`
`Exhibit P26`	`TRUE COPY OF THE ORDER NO` `DATED 20.05.2021 REJECTING` `APPOINTMENT OF THE 16TH PET`	`.B4/ 20944/2021` `THE APPROVAL OF` `ITIONER.`
`Exhibit P27`	`TRUE COPY OF THE ORDER NO` `DATED 31.12.2019 REJECTING` `APPOINTMENT OF THE 17TH PET`	`.B4/ 15759/2019` `THE APPROVAL OF` `ITIONER.`
`Exhibit P28`	`TRUE COPY OF THE ORDER NO` `DATED 22.05.2021 REJECTING` `APPOINTMENT OF THE 18TH PET`	`.B4/ 21075/2021` `THE APPROVAL OF` `ITIONER.`
`Exhibit P29`	`TRUE COPY OF THE APPOINTME`	`NT ORDER DATED`
	`01.06.2016 ISSUED IN FAVOUR` `PETITIONER WITH APPROVAL`	`OF THE 13 THE` `VIDE REF. NO.`

¶390

¶391

WPC No. 290 of 2020 and conn. Cases

¶392

	`B4/2737/20`	`16/D.DIS`	`DATED 07.03.2020.`
`Exhibit P30`	`TRUE COPY`	`OF THE`	`APPOINTMENT ORDER`	`DATED`
	`01.06.2016` `PETITIONER` `4/ 2730/20`	`ISSUED` `WITH A` `16 DATED`	`IN FAVOUR OF THE` `PPROVAL VIDE REF.` `06.03.2020.`	`12 TH` `NO. B-`
`Exhibit P31`	`TRUE COPY`	`OF THE`	`APPOINTMENT ORDER`	`DATED`
	`01.06.2015`	`ISSUED`	`IN FAVOUR OF THE`	`15 TH`
	`PETITIONER` `2247/15/D.`	`WITH AP` `DIS DATE`	`PROVAL VIDE REF. N` `D 18.04.2018.`	`O. 54/`
`Exhibit P32`	`TRUE COPY`	`OF THE`	`APPOINTMENT ORDER`	`DATED`
	`01.06.2016`	`ISSUED`	`IN FAVOUR OF THE`	`8 TH`
	`PETITIONER` `B4/2721/ 2`	`WITH` `016/D.DI`	`APPROVAL VIDE REF` `S DATED 06.03.2020`	`. NO.` `.`
`Exhibit P33`	`TRUE COPY`	`OF THE`	`GOVERNMENT ORDER B`	`EARING`
	`G.O.(MS)` `12.02.2021`	`NO.` `.`	`58/2021/G.EDN`	`DATED`
`Exhibit P34`	`TRUE COPY` `G.O.(MS)` `18.08.2021`	`OF THE` `NO.` `.`	`GOVERNMENT ORDER B` `179/2021/G.EDN`	`EARING` `DATED`

¶393

WPC No. 290 of 2020 and conn. Cases

¶394

¶395

APPENDIX OF WP(C) 40849/2022

¶396

PETITIONER EXHIBITS

¶397

`Exhibit P1`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO.B4/6235/2017 K.DIS` `18.12.2017 ISSUED BY THE D.E.O., KANN`	`DATED` `UR.`
`Exhibit P2`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO.B4/2777/2017 K. DIS` `14.07.2017 ISSUED BY THE D.E.O., KANN`	`DATED` `UR.`
`Exhibit P3`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2922/2018 K.DIS` `03.07.2018 ISSUED BY THE D.E.O., KANN`	`ORDER` `DATED` `UR.`
`Exhibit P4`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.K. DIS.B4/50798/2019` `17.07.2019.`	`ORDER` `DATED`
`Exhibit P5`	`TRUE COPY OF THE GOVERNMENT ORDER B` `G.O.(P)NO. 4/2021/G.EDN DATED 06.02.2`	`EARING` `021.`
`Exhibit P6`	`TRUE COPY OF THE CIRCULAR NO.J2/87/`	`2020/`
	`G.EDN DATED 25.02.2021 ISSUED BY` `GOVERNMENT.`	`THE`
`Exhibit P7`	`TRUE COPY OF THE DECLARATION`	`DATED`
	`15.03.2021` `SUBMITTED` `BY` `THE` `PETITIONER.`	`1ST`
`Exhibit P8`	`TRUE COPY OF THE LETTER NO. B4/131`	`4/2021`
	`DATED 04.05.2021 ISSUED BY THE` `RESPONDENT.`	`3RD`
`Exhibit P9`	`TRUE COPY OF THE ORDER NO. SC/10/ 20`	`19/KKD`
	`DATED 31.12.2019 ISSUED BY THE` `RESPONDENT.`	`1ST`
`Exhibit P10`	`TRUE` `COPY` `OF` `THE` `ORDER`	`NO.`
	`ACD.C3/166372/HSE/2019 DATED 31.0` `ISSUED BY THE 1ST RESPONDENT.`	`3.2022`
`Exhibit P11`	`TRUE COPY OF THE INTERIM ORDER`	`DATED`

¶398

WPC No. 290 of 2020 and conn. Cases 73 18.10.2022 IN W.P.(C) NO. 32716/2022 PASSED BY THIS HON'BLE COURT. Exhibit P11 A TRUE COPY OF THE INTERIM ORDER DATED 25.10.2022 IN W.P.(C) NO. 33882 OF 2022 PASSED BY THIS HON'BLE COURT. Exhibit P12 TRUE COPY OF THE ORDER NO. B4/ 21088/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P13 TRUE COPY OF THE ORDER NO. B4/ 21091/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 3RD PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P14 TRUE COPY OF THE ORDER NO. B4/ 21090/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P15 TRUE COPY OF THE ORDER NO. B4/ 21089/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 5TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P16 TRUE COPY OF THE ORDER NO. B4/ 21086/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 6TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P17 TRUE COPY OF THE ORDER NO. B4/ 21093/2021 DATED 21.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 7TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P18 TRUE COPY OF THE ORDER NO. B4/ 21087/2021 DATED 01.06.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 8TH PETITIONER ISSUED BY THE DEO, KANNUR.

¶399

RESPONDENT EXHIBITS

¶400

WPC No. 290 of 2020 and conn. Cases 74 EXHIBIT R3(a) TRUE COPY OF THE CIRCULAR NO.H2/19500/2019/DGE DATED 26-02-2021 PETITIONER EXHIBITS Exhibit P19 TRUE COPY OF THE G.O.(P) NO. 2/2023/GEDN DATED 23.01.2023.

¶401

WPC No. 290 of 2020 and conn. Cases

¶402

¶403

APPENDIX OF WP(C) 40889/2022

¶404

PETITIONER EXHIBITS

¶405

`Exhibit P1`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO.B4/6235/2017 K.DIS` `18.12.2017 ISSUED BY THE D.E.O., KANN`	`DATED` `UR.`
`Exhibit P2`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO. B4/2777/2017 K.DIS` `14.7.2017 ISSUED BY THE D.E.O., KANNU`	`DATED` `R.`
`Exhibit P3`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2922/2018 K.DIS.` `3.7.2018 ISSUED BY THE D.E.O., KANNUR`	`ORDER` `DATED` `.`
`Exhibit P4`	`TRUE COPY OF THE STAFF FIXATION` `BEARING` `NO.K.DIS.B4/50798/2019` `17.7.2019.`	`ORDER` `DATED`
`Exhibit P5`	`TRUE COPY OF THE GOVERNMENT ORDER B` `G.O.(P) NO.4/2021/G.EDN. DATED 6.2.20`	`EARING` `21.`
`Exhibit P6`	`TRUE` `COPY` `OF` `THE` `CI`	`RCULAR`
	`NO.J2/87/2020/G.EDN.` `DATED` `25.` `ISSUED BY THE GOVERNMENT.`	`2.2021`
`Exhibit P7`	`TRUE COPY OF THE DECLARATION`	`DATED`
	`15.3.2021 SUBMITTED BY THE 1ST PETITI`	`ONER.`
`Exhibit P8`	`TRUE COPY OF THE LETTER NO.B4/131`	`4/2021`
	`DATED 4.5.2021 ISSUED BY THE` `RESPONDENT.`	`3RD`
`Exhibit P9`	`TRUE COPY OF THE ORDER NO.SC/10/20`	`19/KKD`
	`DATED 31.12.2019 ISSUED BY THE` `RESPONDENT.`	`1ST`
`Exhibit P10`	`TRUE` `COPY` `OF` `THE`	`ORDER`
	`NO.ACD.C3/166372/HSE/2019 DATED 31.` `ISSUED BY THE 1ST RESPONDENT.`	`3.2022`
`Exhibit P11`	`TRUE COPY OF THE INTERIM ORDER`	`DATED`
	`18.10.2022 IN WPC NO 32716/2022 PAS`	`SED BY`

¶406

WPC No. 290 of 2020 and conn. Cases 76

¶407

	`THIS HON'BLE CO`	`URT.`
`Exhibit P11(A)`	`TRUE COPY OF` `25.10.2022 IN` `BY THIS HON'BLE`	`TH` `WPC` `COU`	`E INTERIM ORDER DATED` `NO 33882 OF 2022 PASSED` `RT.`
`Exhibit P12`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/21096/2021` `JECTING THE APPROVAL OF` `2ND PETITIONER`
`Exhibit P13`	`TRUE COPY OF` `DATED 1.12.201` `APPOINTMENT OF`	`THE` `9 RE` `THE`	`ORDER NO B4/15755/2019` `JECTING THE APPROVAL OF` `3RD PETITIONER`
`Exhibit P14`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20904/2021` `JECTING THE APPROVAL OF` `4TH PETITIONER`
`Exhibit P15`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/21101/2021` `JECTING THE APPROVAL OF` `5TH PETITIONER`
`Exhibit P16`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20942/2021` `JECTING THE APPROVAL OF` `6TH PETITIONER`
`Exhibit P17`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20918/2021` `JECTING THE APPROVAL OF` `7TH PETITIONER`
`Exhibit P18`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20901/2021` `JECTING THE APPROVAL OF` `8TH PETITIONER`
`Exhibit P19`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20910/2021` `JECTING THE APPROVAL OF` `9TH PETITIONER`
`Exhibit P20`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20913/2021` `JECTING THE APPROVAL OF` `10TH PETITIONER`
`Exhibit P21`	`TRUE COPY OF` `DATED 20.5.202`	`THE` `1 RE`	`ORDER NO B4/20903/2021` `JECTING THE APPROVAL OF`

¶408

WPC No. 2	90 of 2020	and conn. Cases 77 `APPOINTMENT OF`	`THE`	`11TH PETITIONER`
`Exhibit`	`P22`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20912/2021` `JECTING THE APPROVAL OF` `12TH PETITIONER`
`Exhibit`	`P23`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20908/2021` `JECTING THE APPROVAL OF` `13TH PETITIONER`
`Exhibit`	`P24`	`TRUE COPY OF` `DATED 1.6.2021` `APPOINTMENT OF`	`THE` `RE` `THE`	`ORDER NO B4/21083/2021` `JECTING THE APPROVAL OF` `14TH PETITIONER`
`Exhibit`	`P25`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20914/2021` `JECTING THE APPROVAL OF` `15TH PETITIONER`
`Exhibit`	`P26`	`TRUE COPY OF` `DATED 1.6.2021` `APPOINTMENT OF`	`THE` `RE` `THE`	`ORDER NO B4/21084/2021` `JECTING THE APPROVAL OF` `16TH PETITIONER`
`Exhibit`	`P27`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/21098/2021` `JECTING THE APPROVAL OF` `17TH PETITIONER`
`Exhibit`	`P28`	`TRUE COPY OF` `DATED 1.12.201` `APPOINTMENT OF`	`THE` `9 RE` `THE`	`ORDER NO B4/15750/2019` `JECTING THE APPROVAL OF` `18TH PETITIONER`
`Exhibit`	`P29`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20906/2019` `JECTING THE APPROVAL OF` `19TH PETITIONER`
`Exhibit`	`P30`	`TRUE COPY OF` `DATED 20.5.202` `APPOINTMENT OF`	`THE` `1 RE` `THE`	`ORDER NO B4/20917/2021` `JECTING THE APPROVAL OF` `20TH PETITIONER`
`Exhibit`	`P31`	`TRUE COPY OF` `DATED 29.11.20` `APPOINTMENT OF`	`THE` `19 R` `THE`	`ORDER NO B4/15748/2019` `EJECTING THE APPROVAL OF` `21ST PETITIONER`
`Exhibit`	`P32`	`TRUE COPY OF` `DATED 20.5.202`	`THE` `1 RE`	`ORDER NO B4/21097/2021` `JECTING THE APPROVAL OF`

¶409

WPC No. 290 of 2020 and conn. Cases 78

¶410

APPOINTMENT OF THE 22ND PETITIONER
Exhibit P33TRUE COPY OF THE ORDER NO B4/11658/2019
DATED 25.11.2019 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 23RD PETITIONER
Exhibit P34TRUE COPY OF THE ORDER NO B4/20911/2021
DATED 20.5.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 24TH PETITIONER ,(THE
NAME OF THE 24TH PETITIONER IS WRONGLY
TYPED AS HRUDHYA P.K.IN THE REJECTION
ORDER )
Exhibit P35TRUE COPY OF THE ORDER NO B4/15751/2019
DATED 1.12.2019 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 25TH PETITIONER
Exhibit P36TRUE COPY OF THE ORDER NO B4/21100/2011
DATED 20.5.2021 REJECTING THE APPROVAL OF
APPOINTMENT 0F THE 26TH PETITIONER

¶411

WPC No. 290 of 2020 and conn. Cases

¶412

¶413

APPENDIX OF WP(C) 40953/2022

¶414

PETITIONER EXHIBITS

¶415

`Exhibit P1`	`TRUE COPY OF THE STAFF FIXATION`	`ORDER`
	`BEARING NO.B4/6235/2017 K. DIS` `18.12.2017 ISSUED BY THE D.E.O., KAN`	`DATED` `NUR.`
`Exhibit P2`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2777/2017 K.DIS` `14.07.2017 ISSUED BY THE D.E.O., KAN`	`ORDER` `DATED` `NUR.`
`Exhibit P3`	`TRUE COPY OF THE STAFF FIXATION` `BEARING NO.B4/2922/2018 K.DIS` `03.07.2018 ISSUED BY THE D.E.O., KAN`	`ORDER` `DATED` `NUR.`
`Exhibit P4`	`TRUE COPY OF THE STAFF FIXATION` `BEARING` `NO.K.DIS.B4/50798/2019` `17.07.2019.`	`ORDER` `DATED`
`Exhibit P5`	`TRUE COPY OF THE GOVERNMENT ORDER B` `G.O.(P)NO. 4/2021/G.EDN DATED 06.02.`	`EARING` `2021.`
`Exhibit P6`	`TRUE COPY OF THE CIRCULAR NO.` `2020/G.EDN DATED 25.02.2021 ISSUED` `GOVERNMENT.`	`J2/87/` `BY THE`
`Exhibit P7`	`TRUE COPY OF THE DECLARATION`	`DATED`
	`15.03.2021` `SUBMITTED` `BY` `THE` `PETITIONER.`	`1ST`
`Exhibit P8`	`TRUE COPY OF THE LETTER NO. B4/ 131`	`4/2021`
	`DATED 04.05.2021 ISSUED BY TH` `RESPONDENT.`	`E 3RD`
`Exhibit P9`	`TRUE COPY OF THE ORDER NO. SC/10/ 20`	`19/KKD`
	`DATED 31.12.2019 ISSUED BY TH` `RESPONDENT.`	`E 1ST`
`Exhibit P10`	`TRUE` `COPY` `OF` `THE` `ORDER`	`NO.`
	`ACD.C3/166372/HSE/2019 DATED 31.0` `ISSUED BY THE 1ST RESPONDENT.`	`3.2022`
`Exhibit P11`	`TRUE COPY OF THE INTERIM ORDER`	`DATED`

¶416

WPC No. 290 of 2020 and conn. Cases 80 18.10.2022 IN W.P.(C) NO. 32716/2022 PASSED BY THIS HON'BLE COURT. Exhibit P11 A TRUE COPY OF THE INTERIM ORDER DATED 25.10.2022 IN W.P.(C) NO. 33882 OF 2022 PASSED BY THIS HON'BLE COURT. Exhibit P12 TRUE COPY OF THE ORDER NO. B4/20932/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P13 TRUE COPY OF THE ORDER NO. B4/ 20931/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 3RD PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P14 TRUE COPY OF THE ORDER NO. B4/ 20933/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P15 TRUE COPY OF THE ORDER NO. B4/ 21102/ 2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 5TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P16 TRUE COPY OF THE ORDER NO. B4/ 20959/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 6TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P17 TRUE COPY OF THE ORDER NO. B4/20961/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 7TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P18 TRUE COPY OF THE ORDER NO. B4/ 20953/2021 DATED 20.05.2021 REJECTING THE APPROVAL OF APPOINTMENT OF THE 8TH PETITIONER ISSUED BY THE DEO, KANNUR. Exhibit P19 TRUE COPY OF THE ORDER NO. B4/ 20962/2021

¶417

WPC No. 290 of 2020 and conn. Cases 81

¶418

DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 9TH PETITIONER ISSUED
BY THE DEO, KANNUR.

¶419

Exhibit P20TRUE COPY OF THE ORDER NO. B4/ 20960/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 10TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P21TRUE COPY OF THE ORDER NO. B4/ 20955/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 11TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P22TRUE COPY OF THE ORDER NO. B4/ 20956/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 12TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P23TRUE COPY OF THE ORDER NO. B4/ 20949/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 13TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P24TRUE COPY OF THE ORDER NO. B4/ 20958/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 14TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P25TRUE COPY OF THE ORDER NO. B4/ 21103/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 15TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P26TRUE COPY OF THE ORDER NO. B4/ 20967/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 16TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P27TRUE COPY OF THE ORDER NO. B4/ 20951/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 17TH PETITIONER ISSUED

¶420

WPC No. 290 of 2020 and conn. Cases 82

¶421

	`BY THE DEO, KANNU`	`R.`
`Exhibit P28`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20952/2021` `REJECTING THE APPROVAL OF` `E 18TH PETITIONER ISSUED` `R.`
`Exhibit P29`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20947/2021` `REJECTING THE APPROVAL OF` `E 19TH PETITIONER ISSUED` `R.`
`Exhibit P30`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20950/2021` `REJECTING THE APPROVAL OF` `E 20TH PETITIONER ISSUED` `R.`
`Exhibit P31`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20929/2021` `REJECTING THE APPROVAL OF` `E 21ST PETITIONER ISSUED` `R.`
`Exhibit P32`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20928/2021` `REJECTING THE APPROVAL OF` `E 22ND PETITIONER ISSUED` `R.`
`Exhibit P33`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20948/2021` `REJECTING THE APPROVAL OF` `E 23RD PETITIONER ISSUED` `R.`
`Exhibit P34`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `BY THE DEO, KANNU`	`ORDER NO. B4/ 20946/2021` `REJECTING THE APPROVAL OF` `E 24TH PETITIONER ISSUED` `R.`
`Exhibit P35`	`TRUE COPY OF THE` `DATED 20.05.2021` `APPOINTMENT OF TH` `THE DEO, KANNUR,`	`ORDER NO. B4/ 20828/2021` `REJECTING THE APPROVAL OF` `E 25 PETITIONER ISSUED BY`
`Exhibit P36`	`TRUE COPY OF THE`	`ORDER NO. B-4/ 20964/2021`

¶422

WPC No. 290 of 2020 and conn. Cases 83

¶423

DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 26TH PETITIONER ISSUED
BY THE DEO, KANNUR.

¶424

Exhibit P37TRUE COPY OF THE ORDER NO. B4/ 20965/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 27TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P38TRUE COPY OF THE ORDER NO. B4/ 20963/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 28TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P39TRUE COPY OF THE ORDER NO. B4/ 21095/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 29TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P40TRUE COPY OF THE ORDER NO. B4/ 20827/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 30TH PETITIONER ISSUED
BY THE DEO, KANNUR.
Exhibit P41TRUE COPY OF THE ORDER NO. B4/ 20936/2021
DATED 20.05.2021 REJECTING THE APPROVAL OF
APPOINTMENT OF THE 31ST PETITIONER ISSUED
BY THE DEO, KANNUR.

¶425

WPC No. 290 of 2020 and conn. Cases

¶426

¶427

APPENDIX OF WP(C) 290/2020

¶428

PETITIONER EXHIBITS

¶429

`EXHIBIT P1`	`TRUE COPY OF THE FITNESS CERTIFICATE`
	`ISSUED BY THE ASSISTANT ENGINEER, LSGD`
	`SECTION, KADAMBUR PANCHAYAT FOR THE` `ACADEMIC YEAR 2017-18.`
`EXHIBIT P1A`	`TRUE COPY OF THE FITNESS CERTIFICATE`
	`ISSUED BY THE CERTIFICATE ISSUED BY THE` `ASSISTANT ENGINEER, LSGD SECTION, KADAMBUR` `PANCHAYAT FOR THE ACADEMIC YEAR 2018-19.`
`EXHIBIT P2`	`TRUE COPY OF THE ORDER DATED 03.07.2018 OF` `THE 3RD RESPONDENT.`
`EXHIBIT P3`	`TRUE COPY OF THE REPORT NOTED IN THE` `INSPECTION BOOK BY THE AUTHORISED OFFICER.`
`EXHIBIT P4`	`TRUE COPY OF THE GO(MS) NO.6/89/G.EDN.` `DATED 28.01.1989.`
`EXHIBIT P5`	`TRUE COPY OF THE ATTENDANCE REGISTER OF` `CLASSES WHEREIN THE INSPECTION WAS NOT` `CONDUCTED BY THE 5TH RESPONDENT .`
`EXHIBIT P6`	`TRUE COPY OF THE ATTENDANCE REGISTER OF` `THE CLASSES WHICH WAS INSPECTED BY THE 5TH` `RESPONDENT .`
`EXHIBIT P7`	`TRUE COPY OF THE REPORT SUBMITTED BY THE` `3RD RESPONDENT.`
`EXHIBIT P8`	`TRUE COPY OF THE ATTENDANCE REGISTER OF` `FEW CLASS ROOMS FOR THE MONTH OF FEBRUARY.`
`EXHIBIT P9`	`TRUE COPY OF THE REPORT DATED 28.02.2019.`
`EXHIBIT P10`	`TRUE COPY OF NOTICE NO.SC.C/10/2019/KKD` `DATED 23.03.2019.`
`EXHIBIT P11`	`TRUE COPY OF EXPLANATION DATED 08.04.2019`
	`SUBMITTED BY THE PETITIONER WITHOUT ITS`

¶430

WPC No. 290 of 2020 and conn. Cases

¶431

¶432

		`ANNEXRUES.`
`EXHIBIT`	`P12`	`TRUE COPY OF VISIT NOTE DATED 12.07.2019.`
`EXHIBIT`	`P13`	`TRUE COPY OF COMMUNICATION ISSUED BY THE` `REGIONAL DEPUTY DIRECTOR, KANNUR TO THE` `DIRECTOR, HIGHER SECONDARY EDUCATION DATED` `23.09.2014.`
`EXHIBIT`	`P14`	`TRUE COPY OF NOTE APPENDED BY THE REGIONAL`
		`DEPUTY DIRECTOR AFTER AN INSPECTION ON` `19.08.2014.`
`EXHIBIT`	`P15`	`TRUE COPY OF INTIMATION NOTE DATED`
		`12.07.2017 IN THE INSPECTION BOOK BY THE` `3RD RESPONDENT.`
`EXHIBIT`	`P16`	`TRUE COPY OF ORDER DATED 10.04.2018 ISSUED` `BY THE 3RD RESPONDENT.`
`EXHIBIT`	`P17`	`TRUE COPY OF ORDER DATED 31.12.2019 ISSUED`
		`BY THE 2ND RESPONDENT ALONG WITH ITS` `ENGLISH TRANSLATION.`
`EXHIBIT`	`P18`	`TRUE COPY OF ORDER DATED 10.07.2019 ISSUED` `BY THE 3RD RESPONDENT.`
`EXHIBIT`	`P19`	`TRUE COPY OF JUDGMENT DATED 25.09.2019 IN`
		`WPC 18597/2019 PASSED BY THIS HON'BLE` `COURT.`
`EXHIBIT`	`P20`	`TRUE COPY OF PROPOSAL COMPLAINT DATED` `19.07.2014 ISSUED BY THE 4TH RESPONDENT.`
`EXHIBIT`	`P21`	`TRUE COPY OF GOVERNMENT ORDER DATED` `13.01.2015.`
`EXHIBIT`	`P22`	`TRUE COPY OF RTI REPLY DATED 03.05.2019` `ISSUED BY THE 5TH RESPONDENT .`
`RESPOND`	`ENT EXHIBITS`
`Exhibit`	`R2(a)`	`TRUE COPY OF G.O.(RT) 3422/19/G.EDN. DATED` `27/08/2019.`
`Exhibit`	`R2(b)`	`TRUE COPY OF LETTER NO.A4/3091/2018 DATED`

¶433

WPC No. 290 of 2020 and conn. Cases

¶434

¶435

15/12/2018.

¶436

Exhibit R2(c)TRUE COPY OF LETTER NO.380/T2/2018/G.EDN.
DATED 02/03/2019.

¶437

PETITIONER EXHIBITS

¶438

Exhibit P23TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTIONS DATED
28.06.2021 IN APPEAL NO. 731/2021.
Exhibit P24TRUE COPY OF THE FITNESS CERTIFICATE DATED
16.11.2021 FOR THE PERIOD 09.11.2021 TO
31.05.2022
Exhibit P24 aTRUE COPY OF THE FITNESS CERTIFICATE DATED
31.05.2022 FOR THE PERIOD 01.06.2022 TO
31.05.2023
Exhibit P25TRUE COPY OF THE ORDER NO. ACD.C3/ 16637/
HSE/2019 DATED 31.03.2022 PASSED BY THE
DIRECTOR OF GENERAL EDUCATION
Exhibit P26TRUE COPY OF THE PROPOSAL BEARING NO. KHSS
A-32/2014 DATED 05.04.2022 GIVEN BY THE
PETITIONER.
Exhibit P27TRUE COPY OF THE PROPOSAL BEARING NO. KHSS
A -32/2014 DATED 07.06.2022 GIVEN BY THE
PETITIONER.
Exhibit P28TRUE COPY OF THE CERTIFICATE NO.
C/2926/2021 DATED 16/08/2021 ISSUED BY THE
KADAMBUR GRAMA PANCHAYATH
Exhibit P29TRUE COPY OF THE LETTER NO. D2-SCHOOL
FITNESS/338/19 DATED 10/08/2021 ISSUED
FROM THE OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER
Exhibit P30TRUE COPY OF THE STRUCTURAL STABILITY
REPORT DATED 20/09/2021
Exhibit P31TRUECOPYOFTHELETTERNO.
AE/LSGD/KGP/32/2021DATED25/09/2021

¶439

¶440

WPC No. 290 of 2020 and conn. Cases

¶441

ISSUED BY THE ASSISTANT ENGINEER, KADAMBUR
GRAMA PANCHAYATH

¶442

Exhibit P32TRUE COPY OF THE W.P(C) 20528/2021,
WITHOUT EXHIBITS
Exhibit P33TRUE COPY OF THE INTERIM ORDER DATED
06/10/2021 IN W.P(C) 20528/2021 PASSED BY
THIS HONOURABLE COURT

¶443

RESPONDENT EXHIBITS

¶444

EXHIBIT R7(a)TRUE COPY OF CIRCULAR No.42448/EW3/11-LSGD
DATED 12.09.2011.
EXHIBIT R7(b)TRUE COPY OF CIRCULAR No.EW3/330/2019-LSGD
DATED 24.01.2020
EXHIBIT R7(c)TRUE COPY OF CIRCULAR No.EWA3/179/2020-
LSGD DATED 15.02.2021.

¶445

EXHIBIT R7(d)TRUE COPY OF PROCEEDINGS No.15/2021 DATED
27.07.2021 OF THE SECRETARY, KADAMBUR
GRAMA PANCHAYATH, KANNUR
PETITIONER EXHIBITS
Exhibit P34TRUE COPY OF THE COMMISSION REPORT DATED
24.08.2022 FILED BEFORE THIS HON'BLE COURT
IN W.P.(C) NO. 5143 OF 2022

P.Muralidharan, v. State of Kerala

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P.Muralidharan, v. State of Kerala

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