Disposed¶61

C P Mustafa v. State of Kerala

Kerala HC25 Mar 2025WP(C)/45393/2024

Case brief

AI extract

What is this about?

UID upload; SAMPOORNA portal; aided school Manager; abolition/reduction of teacher post; staff fixation order; General Education Department Kerala; GO(RT)No.8287/2024/GEDN dated 23-11-2024; GO(RT)7125/24/GEDN dated 9-10-2024; Circular dated 04.12.2023; Ext.P8 set aside; reconsideration and fresh orders within three months; hearing parties; WP(C) 45393/2024; WP(C) 4517/2025; Palakkad; Mannarkkad; Justice N. Nagresh; 2025:KER:25729.

What did the court decide?

Ext.P8 orders set aside in both writ petitions; 1st respondent directed to reconsider the matter in the light of the Circular dated 04.12.2013 (as printed) and pass appropriate orders afresh within three months, after hearing the parties. ¶61

C P Mustafa Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶61

Issue for consideration

Whether the Ext.P8 Government orders reducing/abolishing one post of Teacher each for failure to upload the UID of students by the stipulated date can stand, given that they do not refer to the Government Circular dated 04.12.2023 enlarging the time for uploading UID.

¶60

Court's answer

The impugned Ext.P8 orders of the Government do not contain a reference to the Circular dated 04.12.2023 (by which, per the petitioners, the time for uploading UID of students had been enlarged).

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Ratio / Principle

Both writ petitions are disposed of with Ext.P8 set aside in each of them.

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Key takeaways

The 1st respondent (State of Kerala) is directed to reconsider the matter in the light of the Circular dated 04.12.2013 (as printed in the operative direction; the Circular relied upon in the body of the judgment and in the exhibits is dated 04.12.2023) and to pass appropriate orders afresh within a period of three months, after hearing the parties.ratio¶61

Detailed headnote1 paragraphs

Kerala High Court (N. Nagresh, J.), WP(C) Nos.45393/2024 & 4517/2025, decided 25.03.2025 (2025:KER:25729): Managers of aided schools challenged Government orders (Ext.P8 — GO(RT)No.8287/2024/GEDN dated 23-11-2024 and GO(RT)7125/24/GEDN dated 9-10-2024) abolishing/reducing one teacher post each on the ground that student UIDs were not uploaded by the stipulated date. Finding that Ext.P8 did not refer to the Government Circular dated 04.12.2023 enlarging the time for uploading UID, the Court set aside Ext.P8 in both writ petitions and directed the 1st respondent (State of Kerala) to reconsider the matter in the light of the Circular — recorded in the operative direction as 'Circular dated 04.12.2013' — and pass appropriate orders afresh within three months after hearing the parties. No statute or precedent was cited or applied.

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2025:KER:25729

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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WP(C) NO. 45393 OF 2024

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PETITIONER:

¶8

C P MUSTAFA
AGED 49 YEARS
MANAGER, ALP SCHOOL, THRIKKALUR,
AMBALAPARA PO, ALANELLUR,
PALAKKAD DISTRICT
S/O C P UMMERHAJI,
RESIDING AT CHETTIYAMPARAMBIL HOUSE
THIRUVIZHAMKUNNU PO, ALANELLUR (VIA)
PALAKKAD, PIN - 678601

¶9

BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)

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RESPONDENTS:

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

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

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3 THE JOINT DIRECTOR OF GENERAL EDUCATION(ACADEMIC) VAZHUTHACAUD POOJAPPURA ROAD THIRUVANANTHAPURAM, PIN - 695006

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2025:KER:25729

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WP(C) Nos.45393/2024 & 4517/2025

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4 DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU PALAKKAD, KERALA, PIN - 678001

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5 ASSISTANT EDUCATION OFFICER OFFICE OF THE DISTRICT EDUCATION OFFICER MANNARKKAD, MANNARKAD-I, PALAKKAD, PIN - 678582

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BY ADV.
SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2025, ALONG WITH WP(C).4517/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶21

2025:KER:25729

¶22

WP(C) Nos.45393/2024 & 4517/2025

¶23

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶26

THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

¶28

WP(C) NO. 4517 OF 2025

¶29

PETITIONER:

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A YOUSAF AGED 77 YEARS S/O KUNHALAVI

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MANAGER, ALP SCHOOL, KATTUKULAM, ALANALLUR PO
PALAKKAD DISTRICT, RESIDING AT ALAYAL HOUSE
ALANALLUR PO, PALAKKAD DISTRICT, PIN - 678601

¶32

BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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3 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION JAGATHI THIRUVANANTHAPURAM, PIN - 695001

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2025:KER:25729

¶38

WP(C) Nos.45393/2024 & 4517/2025

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4 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001

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5 ASSISTANT EDUCATION OFFICER NADAMALIGA ROAD, MANNARKAD-I, PALAKKAD, PIN - 678582

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BY ADV.

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SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER

¶44

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2025, ALONG WITH WP(C).45393/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶45

2025:KER:25729

¶46

WP(C) Nos.45393/2024 & 4517/2025

¶47

¶48

JUDGMENT

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Dated this the 25^th day of March, 2025 [W.P.(C) Nos.45393/2024 & 4517/2025]

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The petitioners in both the writ petitions are

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Managers of Aided Schools. On an allegation that UID of students were not been uploaded as on the stipulated date, one post of Teacher each has been reduced / abolished by the Educational Authorities.

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The petitioners would submit that by Circular dated 04.12.2023, the time for uploading UID was enlarged by the Government. This crucial aspect was not considered by

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the respondents while passing impugned Ext.P8 orders.

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I have heard the learned counsel for the

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petitioners and the learned Government Pleader representing

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2025:KER:25729

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WP(C) Nos.45393/2024 & 4517/2025

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the respondents.

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Going through Ext.P8 orders of the

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Government, I find that it does not contain a reference to the Circular dated 04.12.2023. In the circumstances, I am of the view that the 1^st respondent shall reconsider the matter in the light of Circular dated 04.12.2013.

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The writ petitions are accordingly disposed of setting aside Ext.P8 in both the writ petitions and directing the 1^st respondent to reconsider the matter in the light of Circular dated 04.12.2013 and pass appropriate orders afresh within a

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period of three months, after hearing the parties.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) Nos.45393/2024 & 4517/2025

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2025:KER:25729

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¶70

APPENDIX OF WP(C) 45393/2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE` `TH RE`	`COPY OF` `SPONDENT`	`THE` `DATE`	`PROCEEDINGS OF THE 5` `D 16-8-2023`
`Exhibit P2`	`TRUE` `THE` `RESPO`	`COPY OF` `PETITIO` `NDENT AG`	`THE` `NER` `AINST`	`APPEAL SUBMITTED BY` `BEFORE THE 4 TH` `EXHIBIT P1`
`Exhibit P3`	`TRUE` `TH RE`	`COPY OF` `SPONDENT`	`THE` `DATE`	`PROCEEDINGS OF THE 4` `D 25-1-2024`
`Exhibit P4`	`TRUE` `ND RE`	`COPY OF` `SPONDENT`	`THE` `ON 5`	`REVISION BEFORE THE 2` `-2-2024`
`Exhibit P5`	`TRUE` `RD RE`	`COPY OF` `SPONDENT`	`THE` `DATE`	`PROCEEDINGS OF THE 3` `D 8-4-2024`
`Exhibit P6`	`TRUE` `PETIT` `AGAIN`	`COPY OF` `IONER` `ST EXHIB`	`THE` `BEFOR` `IT P5`	`REVISION FILED BY THE` `E THE GOVERNMENT,` `ON 12-4-2024`
`Exhibit P7`	`TRUE` `2024`	`COPY OF` `IN WRIT`	`THE` `PETIT`	`JUDGMENT DATED 11-6-` `ION(C)20891/2020`
`Exhibit P8`	`TRUE` `2024/`	`COPY` `GEDN DAT`	`OF` `ED 23`	`THE GO(RT)NO.8287/` `-11-2024`
`Exhibit P9`	`TRUE` `STUDE` `OFF D`	`COPY O` `NTS OBT` `ATE`	`F T` `AINED`	`HE DETAILS OF THE` `UID AFTER THE CUT`
`Exhibit P10`	`TRUE` `2023`	`COPY OF`	`THE`	`CIRCULAR DATED 4-12-`

¶73

WP(C) Nos.45393/2024 & 4517/2025

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2025:KER:25729

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¶76

APPENDIX OF WP(C) 4517/2025

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE LIST OF 33 STUDENTS
UPLOADED IN THE SAMPOORNA PORTAL BY
THE MANAGER.
Exhibit P2TRUE COPY OF THE STAFF FIXATION ORDER
ISSUED BY THE 5 TH RESPONDENT DATED
16.08.2023
Exhibit P3TRUE COPY OF THE PROCEEDINGS OF THE
4TH RESPONDENT DATED 25.01.2024
Exhibit P4TRUE COPY OF THE REVISION FILED BY THE
PETITIONER BEFORE THE 2 ND RESPONDENT
DATED NIL
Exhibit P5TRUE COPY OF ORDER DATED 08.04.2024 OF
THE 3 RD RESPONDENT
Exhibit P6TRUE COPY OF THE REVISION FILED BY THE
PETITIONER BEFORE THE GOVERNMENT DATE
12.4.2024

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Exhibit P7TRUE COPY OF JUDGMENT IN WP(C) NO.
20791/2024 DATED 11.06.2024
Exhibit P8TRUE COPY OF THE GO(RT)7125/24/ GEDN
DATED 9-10-2024

¶80

Exhibit P9TRUECOPYOFTHECIRCULAR
NO.DDE/21163/2023/S3(B) DATED 4-12-
2023

C P Mustafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

C P Mustafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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