Akshay Kumar K.C Vs State of Kerala — Kerala HC (2025) — LawSathi Research

Akshay Kumar K.C Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 5th respondent-Assistant Educational Officer to resubmit the proposals for approval of the petitioners' appointments to the 4th respondent-District Educational Officer; the District Educational Officer to grant approval if the petitioners are otherwise eligible, with orders to be passed within two months.

Issue for consideration

Whether pendency of a management dispute can be a reason to decline approval of the appointment of duly appointed teachers of aided schools. +1 more

Court's answer

Relying on its earlier judgment in Noushar P.K. v. State of Kerala [2016 (3) KHC 339], the Court held that pendency of a management dispute is not a reason to decline approval of the appointment of Teachers of Aided Schools, and therefore the competent authority has to reconsider the approval of the petitioners' appointments.

Ratio / Principle

The writ petitions were disposed of with directions to the 5th respondent-Assistant Educational Officer to resubmit the proposals for the petitioners' appointments to the 4th respondent-District Educational Officer, who shall consider the proposals and grant approval if the petitioners are otherwise eligible.

Key takeaways

The competent authority was directed to pass the orders within a period of two months.ratio¶113

Detailed headnote1 paragraphs

High Court of Kerala at Ernakulam (N. Nagaresh, J.), 01-04-2025, disposing of W.P.(C) Nos.43937, 44158, 44168 and 44176 of 2024 filed by four teachers (two LPSTs, one Junior Hindi Teacher and one UPST) of Karuvancheri Upper Primary School, Vadakara, whose proposals for approval of appointment, made by the then Manager, had been returned by the Assistant Educational Officer, Vadakara citing a management dispute. Relying on the Court's earlier judgment in Noushar P.K. v. State of Kerala [2016 (3) KHC 339], the Court held that pendency of a management dispute is not a reason to decline approval of appointment of Teachers of Aided Schools, and disposed of the writ petitions by directing the 5th respondent-Assistant Educational Officer to resubmit the proposals to the 4th respondent-District Educational Officer, who shall grant approval if the petitioners are otherwise eligible, with orders to be passed within two months.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 1^ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 43937 OF 2024

PETITIONER:

MUHAMMAD SUNEER N.K., AGED 26 YEARS, S/O. NAZAR NALOMKANDY HOUSE, PALAYAD NADA P.O., IRINGAL, VADAKARA, KOZHIKODE, LOWER PRIMARY SCHOOL TEACHER (LPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYAD NADA P.O., VADAKARA, KOZHIKODE, PIN - 673521

BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM,, PIN - 695014

3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

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4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

5 THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101

6 RAMAKRISHNAN V.P., AGED 67 YEARS, S/O. KUNJIRAMA PANICKER, RESIDING AT KURUMAYIL POYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620

BY ADVS. K.P.SUDHEER ARUNDHATI NAIR(K/1514/2023) TONY AUGUSTINE, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.43937/2024 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 1^ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 44158 OF 2024

PETITIONER:

REMYA KP, AGED 40 YEARS, W/O. LINEESH N, ASARIPARAMBATH HOUSE, PALAYAD NADA POST, VADAKARA, KOZHIKODE, JUNIOR HINDI TEACHER, KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYADNADA.P.O., VADAKARA, KOZHIKODE, PIN - 673521

BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014

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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101

6 RAMAKRISHNAN V.P., S/O. KUNJIRAMAPANICKER, RESIDING AT KURUMAYILPOYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620

BY ADVS.

K.P. SUDHEER ARUNDHATI NAIR(K/1514/2023) TONY AUGUSTINE, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.43937/2024 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 1^ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 44168 OF 2024

PETITIONER:

RUBINA P.T., AGED 32 YEARS, W/O. SABEESH, KARIPPOLNILATH HOUSE, IRINGAL POST, VADAKARA, KOZHIKODE, UPPER PRIMARY SCHOOL TEACHER (UPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYAD NADA.P.O., VADAKARA, KOZHIKODE, PIN - 673521

BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014

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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101

6 RAMAKRISHNAN V.P., S/O. KUNJIRAMA PANICKER, RESIDING AT KURUMAYIL POYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE, (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620

BY ADVS. K.P. SUDHEER ARUNDHATI NAIR(K/1514/2023) TONY AUGUSTINE, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).43937/2024, 44158/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.43937/2024 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 1^ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 44176 OF 2024

PETITIONER:

AKSHAY KUMAR K.C., AGED 26 YEARS, S/O. PRAVEEN KUMAR KIZHAKKECHALIL HOUSE, MANIYOOR POST, PAYYOLI, KOZHIKODE LOWER PRIMARY SCHOOL TEACHER (LPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYADNADA.P.O., VADAKARA, KOZHIKODE, PIN - 673523

BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014

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3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001

5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101

6 RAMAKRISHNAN V.P., S/O. KUNJIRAMAPANICKER, RESIDING AT KURUMAYILPOYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620

BY ADVS. K.P. SUDHEER SHERRY M.V.(K/976/2001) TONY AUGUSTINE, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 1^st day of April , 2025

[W.P.(C) Nos.43937, 44158, 44168 and 44176 of 2024]

The petitioners in these four writ petitions are working as LPST, Junior Hindi Teacher, UPST and LPST respectively. The petitioners state that though they were duly appointed by the then Manager, the proposal for approval of their appointment has been returned by the Assistant Educational Officer stating that there is management dispute. The petitioners would contend that even though there is management dispute, this Court has held in a number of judgments that the management dispute cannot be a reason to decline approval of the appointment of duly appointed Teachers.

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The petitioners would further submit that if the

competent authority takes a decision, they have a right to file appeal and thereafter revision. But, returning of the proposal would jeopardise the career of the petitioners. The petitioners would further submit that due to the management dispute, now Assistant Educational Officer is functioning as the Manager.

Government Pleader entered appearance and resisted the writ petitions. The Government Pleader submitted that the legality of appointment of the petitioners are doubtful as there is serious management dispute and that is the reason why the Assistant Educational Officer returned the proposal.

I have heard the learned counsel for the

petitioners and the learned Government Pleader representing the respondents.

This Court has held in the judgment in Noushar P.K. v. State of Kerala and others [2016 (3) KHC

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339] that pendency of management dispute is not a reason to decline the approval of the appointment of Teachers of Aided Schools. In that view of the matter, the competent authority has

to reconsider the issue of approval of appointment granted to the petitioners.

The writ petitions are accordingly disposed of directing the 5^th respondent-Assistant Educational Officer to resubmit the proposals in respect of the appointment of the petitioners to the 4^th respondent-District Educational Officer. The 4^th respondent shall consider the proposal and grant approval to the petitioners' appointments, if the petitioners are otherwise eligible. Orders shall be passed within a period of two months.

Sd/- N. NAGARESH JUDGE

SR

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APPENDIX OF WP(C) 43937/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P4 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023

Exhibit P5 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P6 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.

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APPENDIX OF WP(C) 44158/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2161/22 DATED 19-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT ALONG WITH TYPED COPY Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.

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APPENDIX OF WP(C) 44168/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.2163/22 DATED 08-07-2022 ISSUED BY THE 5TH RESPONDENT

Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023

Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT

W.P.(C) No.43937/2024 & con.cases

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APPENDIX OF WP(C) 44176/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 20-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2380/22 DATED 30-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER NO. L1/258/2023G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.