Manager vs State Of Kerala

Citation : 2022 Latest Caselaw 8729 Ker
Judgement Date : 7 July, 2022

Kerala High Court
Manager vs State Of Kerala on 7 July, 2022
WP(C)Nos.21794 OF 2022
& connected cases               1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 21794 OF 2022
PETITIONERS:

    1       MANAGER,
            MANJAPPARA V.H.S.S, MANJAPPARA PO, AYOOR, KOLLAM,
            ARUN SHAH.A.K, S/O.O.ABDUL VAHEED, AGED 40 YEARS,
            MANAPPARA VILA VEEDU, MANJAPPARA PO, AYUR (VIA),
            KOLLAM -691 533

    2       MANAGER,
            MATHA VOCATIONAL HIGHER SECONDARY SCHOOL,
            VILAKKUPARA PO, EROOR, ANCHAL, KOLLAM-691 312,
            ARUN SHAH.A.K, S/O.O.ABDUL VAHEED, AGED 40 YEARS,
            MANAPPARA VILA VEEDU, MANJAPPARA PO, AYUR (VIA),
            KOLLAM-691 533

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



RESPONDENTS:

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

    2       DIRECTOR OF GENERAL EDUCATION,
            GENERAL EDUCATION DEPARTMENT, JAGATHY,
            THIRUVANANTHAPURAM-695014

    3       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION,
            KOLLAM-691 008
 WP(C)Nos.21794 OF 2022
& connected cases                  2




    4          THE ASSISTANT DIRECTOR,
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               CHENGANNUR - 689121




               SMT NISHA BOSE, SR GOVERNMENT PLEADER




        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).21822/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases                     3



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 21822 OF 2022
PETITIONER:
         MANAGER, ST. JOHNS VOCATIONAL HIGHER SECONDARY
         SCHOOL ,
         UMMANNOOR, KOTTARAKARA,
         KOLLAM DISTRICT - 691 520 ,
         MARIAMMA GEORGE, D/O.LATE K.G.GEORGE, AGED 69
         YEARS, PAZHINJATHUJYOTHI, UMMANNOOR PO,
         KOTTARAKARA, KOLLAM DISTRICT -691 520
               BY ADVS.
               K.MOHANAKANNAN
               H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001
    2          DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION DEPARTMENT, JAGATHY,
               THIRUVANANTHAPURAM-695014
    3          THE ASSISTANT DIRECTOR,
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               KOLLAM-691 008
    4          THE ASSISTANT DIRECTOR,
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               CHENGANNUR - 689 121

               SMT.NISHA BOSE, SR.GOVERNMENT PLEADER

        THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).21794/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases               4




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 21842 OF 2022
PETITIONERS:

    1      MANAGER
           VIVEKANANDA HIGHER SECONDARY SCHOOL & VHSS,
           POREDOM PO, CHADAYAMANGALM, KOLLAM-691 534
           M.BADARUDHEEN, AGED 53 YEARS, S/O. MUHAMMED
           HANEEFA, NIHAL VILLA, POREDOM PO, CHADAYAMANGALM
           KOLLAM -691 534.
    2      MANAGER,
           K.R.K.P,M.B.H.S & V.H.S.S, KADAMPANAD, KADAMPANAD
           SOUTH PO, PATHANAMTHITTA DISTRICT -691 553
           P.SREELEKSHMI, AGED 50 YEARS, W/O. S.K.ANILKUMAR,
           VAISAKHOM, KADAMPANAD SOUTH PO, PATHANAMTHITTA
           DISTRICT.
           BY ADVS.
           K.MOHANAKANNAN
           H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
    2       DIRECTOR OF GENERAL EDUCATION,
            GENERAL EDUCATION DEPARTMENT, JAGATHY,
            THIRUVANANTHAPURAM - 695014.
    3       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION, KOLLAM-
            691 008.
    4       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION, CHENGANNUR
 WP(C)Nos.21794 OF 2022
& connected cases               5



            - 689 121.

            SMT.NISHA BOSE, SR.GOVERNMENT PLEADER

     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).21794/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases               6



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 21856 OF 2022


PETITIONERS:


    1      MANAGER
           KRGPMVHS & HIGHER SECONDARY SCHOOL, ODANAVATTOM,
           KOTTARAKKARA - 691 512, JAYADEVI T., AGED 59
           YEARS, D/O.LATE K.R.BALAKRISHNA PILLAI,
           "KRISHNA", KAIRALI NAGAR-I, KIZHAKKEKARA,
           KOTTARAKKARA - 691 506.
    2      MANAGER
           BJSM MADATHIL VHSS, THAZHAVA NORTH,
           KOLLAM - 690 523, L.CHANDRAMANI, AGED 79 YEARS,
           D/O.K.MADHAVAN PILLAI, MADATHIL HOUSE,
           MADATHILKARUNMA P.O., OCHIRA - 690 526.
           BY ADVS.
           K.MOHANAKANNAN
           H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:


    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
    2       DIRECTOR OF GENERAL EDUCATION
            GENERAL EDUCATION DIRECTORATE, JAGATHY,
            THIRUVANANTHAPURAM - 695 014.
    3       THE ASSISTANT DIRECTOR
            VOCATIONAL HIGHER SECONDARY EDUCATION, KOLLAM -
            691 008.
 WP(C)Nos.21794 OF 2022
& connected cases                  7



    4          THE ASSISTANT DIRECTOR
               VOCATIONAL HIGHER SECONDARY EDUCATION, CHENGANNUR
               - 689 121.

               SMT.NISHA BOSE, SR.GOVERNMENT PLEADER

        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).21794/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases               8




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 21882 OF 2022
PETITIONERS:

    1      PRIVATE SCHOOL (AIDED) MANAGERS ASSOCIATION,
           REPRESENTED BY ITS ASSISTANT GENERAL SECRETARY,
           THOMAS KOSHY, S/O.T.T.THOMAS, AGED 59 YEARS,
           RESIDING AT THAZHATHILLATH KRIPANILAYAM,
           VADASSERIKKARA PO, PATHANAMTHITTA-689 662.

    2      THOMAS KOSHI,
           MANAGER, TTTMVHSS, VADASSERIKKARA PO,
           PATHANAMTHITTA - 689 662.

    3      MANAGER,
           APPMVHSS, AVANEESWARAM, KUNNIKKODE PO, KOLLAM
           DISTRICT -691 508.

    4      K.SAINABA BEEVI,
           MANAGER, VHSS & HSS, THADIKKAD, KOLLAM DISTRICT-
           691 306.

    5      SARASU GEORGE,
           MANAGER, ST.MARY'S VHSS, VALIYAKUNNAM,
           THEEYADIKKAL PO, THIRUVALLA,
           PATHANAMTHITTA-689 613.

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



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
 WP(C)Nos.21794 OF 2022
& connected cases                  9



               THIRUVANANTHAPURAM - 695 001.

    2          DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION DEPARTMENT, JAGATHY,
               THIRUVANANTHAPURAM - 695014.

    3          THE ASSISTANT DIRECTOR,
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               KOLLAM-691 008.

    4          THE ASSISTANT DIRECTOR,
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               CHENGANNUR - 689 121.

               SMT.NISHA BOSE, SR.GOVERNMENT PLEADER

        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).21794/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases                 10



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 22126 OF 2022
PETITIONER:
          MANAGER,
          VOCATIONAL HIGHER SECONDARY SCHOOL, IRIMPANAM,
          TRIPUNITHURA, ERNAKULAM -682309, M.I.ANDREWS,
          AGED 77 YEARS, MUKKADAKKAL HOUSE, NEAR VHSS
          IRIMPANAM, -682 309

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


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001
    2       DIRECTOR OF GENERAL EDUCATION,
            GENERAL EDUCATION DEPARTMENT, JAGATHY,
            THIRUVANANTHAPURAM-695014
    3       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION,
            KOLLAM-691 008
    4       THE ASSISTANT DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION, 4TH FLOOR,
            KUNNUMPURAM - CIVIL STATION ROAD, VAZHAKKALA,
            KAKKANAD, KERALA-682030
            SMT NISHA BOSE, SR GOVERNMENT PLEADER


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   07.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C)Nos.21794 OF 2022
& connected cases                       11




                                  JUDGMENT

These writ petitions are filed challenging Circular No.L1/1598/2022 dated 08.06.2022 issued by the 3rd respondent wherein, among other conditions, it was stipulated that while conducting the interview for the appointment of teachers in Aided Vocational Higher Secondary Schools, the guidelines which are applicable to Government schools are to be followed.

2. This Court, in view of the contention raised by the petitioner that the 3rd respondent had no jurisdiction to impose a condition in the nature of Ext.P6 had directed the learned Government Pleader to get instructions.

3. It is submitted by the learned Government Pleader that the Circular which is impugned in this writ petition was withdrawn as early as on 30.06.2022. Further, it is submitted that it has also been ordered that daily wage teachers shall only be appointed as per the guidelines issued in the previous years subject to permission and gratification of the WP(C)Nos.21794 OF 2022 & connected cases 12 Asst.Director. In that view of the matter, the petitioners cannot have any further grievance.

These writ petitions are closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C)Nos.21794 OF 2022 & connected cases 13 APPENDIX OF WP(C) 21822/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO(RT)NO.2079/2017/G.EDN DATED 28/06/2017 Exhibit P2 TRUE COPY OF THE GO(MS)1841/2018/G.EDN.

DATED 18-5-2018 Exhibit P3 TRUE COPY OF THE GO(RT) 2016/2019/GEDN DATED 3-6-2019 Exhibit P4 TRUE COPY OF THE GO(MS)4754/2021/GEDN DATED 22-10-2021 Exhibit P5 TRUE COPY OF THE GO(MS)88/2022/GEDN DATED 27-5-2022 Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8-6-2022 ISSUED BY THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:

NIL WP(C)Nos.21794 OF 2022 & connected cases 14 APPENDIX OF WP(C) 21842/2022 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO(RT)NO.2079/2017/G.EDN DATED 28.06.2017.

Exhibit P2 TRUE COPY OF GO(MS)1841/2018/G.EDN. DATED 18-5-2018.

Exhibit P3 TRUE COPY OF GO(RT) 2106/2019/GEDN DATED 3-6-2019.

Exhibit P4 TRUE COPY OF GO(MS)4754/2021/GEDN DATED 22-

10-2021.

Exhibit P5 TRUE COPY OF THE GO(MS)88/2022/GEDN DATED 27-5-2022.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8-6-2022 ISSUED BY THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL WP(C)Nos.21794 OF 2022 & connected cases 15 APPENDIX OF WP(C) 21856/2022 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO(RT) NO.2079/2017/G.EDN.

DATED 28/06/2017.

Exhibit P2 TRUE COPY OF THE GO(MS) 1841/2018/G.EDN.

DATED 18/5/2018.

Exhibit P3 TRUE COPY OF THE GO(RT) 2016/2019/GEDN DATED 3/6/2019.

Exhibit P4 TRUE COPY OF THE GO(MS) 4754/2021/GEDN DATED 22/10/2021.

Exhibit P5 TRUE COPY OF THE GO(MS) 88/2022/GEDN DATED 27/5/2022.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8/6/2022 ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS:

NIL WP(C)Nos.21794 OF 2022 & connected cases 16 APPENDIX OF WP(C) 21882/2022 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF GO(RT)NO. 2079/2017/G.EDN DATED 28/06/2017.

Exhibit P2 TRUE COPY OF GO(MS) 1841/2018/G.EDN. DATED 18-5-2018.

Exhibit P3 TRUE COPY OF GO(RT) 2016/2019/GEDN DATED 3-6-2019.

Exhibit P4 TRUE COPY OF GO(MS)4754/2021/GEDN DATED 22-10-2021.

Exhibit P5 TRUE COPY OF GO(MS)88/2022/GEDN DATED 27-5-2022.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8-6-2022 ISSUED BY THE 3RD RESPONDENT.

RESPODNENTS' EXHIBITS:

NIL WP(C)Nos.21794 OF 2022 & connected cases 17 APPENDIX OF WP(C) 21794/2022 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO(RT) NO.2079/2017/G.EDN DATED 28.6.2017 Exhibit P2 TRUE COPY OF THE GO(MS)1841/2018/G.EDN.

DATED 18-5-2018 Exhibit P3 TRUE COPY OF THE GO(RT)2016/2019/GEDN DATED 3-6-2019 Exhibit P4 TRUE COPY OF THE GO(MS)4754/2021/GEDN DATED 22-10-2021 Exhibit P5 TRUE COPY OF THE GO(MS)88/2022/GEDN DATED 27-5-2022 Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8-6-2022 ISSUED BY THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:

NIL WP(C)Nos.21794 OF 2022 & connected cases 18 APPENDIX OF WP(C) 22126/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO(RT)NO.2079/2017/ G.EDN DATED 28.6.2017 Exhibit P2 TRUE COPY OF THE GO(MS)1841/2018/G.EDN DATED 18-5-2018 Exhibit P3 TRUE COPY OF THE GO(RT)2016/2019/GEDN DATED 3-6-2019 Exhibit P4 TRUE COPY OF THE GO(MS)4754/2021/GEDN DATED 22-10-2021 Exhibit P5 TRUE COPY OF THE GO(MS)88/2022/GEDN DATED 27-5-2022 Exhibit P6 TRUE COPY OF THE CIRCULAR NO.L1/1598/2022 DATED 8-6-2022 ISSUED BY THE 3RD RESPONDENT RESPODNENTS' EXHIBITS NIL