WP(C) No.27286/2020 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
IA.NO.1/2022 IN WP(C) NO. 27286 OF 2020(I)
PETITIONERS/PETITIONERS:
1. BYJU.V.P AGED 48 YEARS S/O.KRISHNAN, UPSA, MEMUNDA HIGHER SECONDARY
SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
VALIYAPARAMBATHU, KURICHAKKAVU P.O.,
KUTTIYADI-673508.Phone.9846792434
2. RAJESH V.P., AGED 47 YEARS S/O.BALAN V.P., UPSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
VALIYAPARAMBATH HOUSE, VADAKARA (VIA)-673542.Phone.9495641990
3. SURESH V., AGED 48 YEARS UPSA, MEMUNDA HIGHER SECONDARY SCHOOL,
MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VATAKKAYIL HOUSE,
MEMUNDA P.O., VADAKARA (VIA)-673104, VADAKARA (VIA)-673542.
4. MANOJ KACHERIPARAMBATH, AGED 51 YEARS S/O.KUNJIRAMAN, UPSA, MEMUNDA
HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
RED STAR HOUSE, KARTHIKAPPALLI, VILLIAPPATH-673542.phone.9074754499
5. K.M.SHEEJA, AGED 50 YEARS D/O.CHANDU NAMBIAR, UPSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
KAYYALAMEETHAL HOUSE, MEMUNDA P.O., PAYYOLI (VIA) -673523.
6. MOHANDAS KULAMULLATHIL, AGED 53 YEARS S/O. KUNJIRAMAN, LG HINDI,
MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104,
RESIDING AT KULAMULLATHIL HOUSE, AYANCHERI P.O., THIRUVALLUR-673541.
7. SHYJU T.K., AGED 45 YEARS S/O.DAMU, UPSA, MEMUNDA HIGHER SECONDARY
SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT THANAKANDIYIL
HOUSE, MEMUNDA P.O., VATAKARA-673104.
8. SREEJITH K.K., AGED 46 YEARS S/O.BALACHANDRAN, UPSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
KARUANKANDIYIL HOUSE, MEMUNDA P.O., VATAKARA-673104.phone.9495142901
9. JISHA O.K., AGED 48 YEARS D/O.KUMARAN O.K., HSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
OTHAYOTHKANDI HOUSE,THURATHIYAD P.O., BALUSSERY (VIA)-673612.
10. RAVI C.V., AGED 50 YEARS S/O.CHATHU, LG HINDI, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
CHERIYAVAYARAMVELI HOUSE, PALAYADNADU P.O., PUDUPANAM (VIA)-673521.
11. SHEEJA VANNATHAN KANDIYIL, AGED 52 YEARS D/O.LAKSHMANAN, UPSA,
MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104,
RESIDING AT VANNATHANKANDIYIL HOUSE, MEMUNDA P.O., VADAKARA
(VIA)-673104.
12. SAKEESH K.K., AGED 40 YEARS S/O.KARUNAKARAN, UPSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
KALLUVETTUKUZHIYIL HOUSE, CHERAPURAM, KAKKATTIL
(VIA)-673507.mob.6282682991
13. SHAJI S., AGED 48 YEARS S/O. NANU V.K., UPSA, MEMUNDA HIGHER
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT
SHAJINILAYAM, MEMUNDA P.O., VATAKARA (VIA)-673104.mob.9946060969
14. AMRUTHA J., AGED 38 YEARS D/O.JANARDHANAN, HSA, MEMUNDA HIGHER
WP(C) No.27286/2020 2/7
SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VISAKH
HOUSE, MEMUNDA P.O., VATAKARA (VIA)-673104.
15. JAYAPRAKASH THAYYULLATHIL, AGED 50 YEARS S/O.PADMANABHAN, LG HINDI,
MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104,
RESIDING AT THAYYULLATHIL HOUSE, PUDUPANAM P.O., VADAKARA
(VIA)-673105.
16. RAGESH P., AGED 38 YEARS S/O.KUMARAN, UPSA, MEMUNDA HIGHER SECONDARY
SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT PUTTARATH HOUSE,
KEEZHAL P.O., VATAKARA VIA-673104.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR GENERAL OF EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.
3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN-673001.
4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA-673101.
5. THE MANAGER, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673101.
Application praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to carry out the following corrections in the judgment dated 11-03-2022 in WP(C) No.27286/2020 as follows:
"The name of the 4th petitioner which has been erroneously mentioned in the cause title as "Manoj Kacheriparambath" has to be corrected as "Manojkumar Kacheri Parambath". Similarly, the name of the 15th petitioner which has been erroneously mentioned in the cause title as "Jayaprakash Thayyullathil" has to be corrected as "Jayaprakashan Thayyullathil". Further, in ground C of the Writ Petition, which is extracted in paragraph 1 of the judgment, the period of approval sought for by the 9th petitioner which has been erroneoously stated as "from 14-07-2006 to 31-05-2007" has to be corrected as "17-07-2006 to 31-05-2007". Similarly, the period of approval sought for by the 12th petitioner which has been erroneously stated as "from 03-08-2009 to 31-05-2010" has to be corrected as "03-08-2009 to 31-05-2011". Further, the period of approval sought for by the 15th pettiioner which has been erroneously stated as "from 12-07-2010 to 31-08-2010" has to be corrected as "12-07-2010 to 31-08-2011".
It is respectfully submitted that the mistakes that crept in while mentioning the names of the 4th and 15th petitioners in the cause title are only typographical errors as can be evidenced from Exhibits P11 and P41 respectively. Similarly, the mistakes that crept in while mentioning the period of approval sought for by the 9th, 12th and 15th pettiioners are also typographical errors as can be deciphered from Exhibits P27, P36 and P41 respectively. Therefore all of the said errors have to be rectified in the manner mentioned above".
WP(C) No.27286/2020 3/7 This Application coming on for orders upon perusing the application and the affidavit filed in support thereof, and this court's judgment dated 11-03-2022 and upon hearing the arguments of M/s.ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL, SIDHARTH SUDHEER, Advocates for the petitioners in IA/WP(C),GOVERNMENT PLEADER for R1 to R4 in IA/WP(C) and M/s. DINESH KUMAR K., K.P.SHEREEF Advocates for R5 in IA/WP(C), the court passed the following:
WP(C) No.27286/2020 4/7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944 IA.NO.2/2022 IN WP(C) NO. 27286 OF 2020(I) PETITIONERS/PETITIONERS:
1. BYJU.V.P AGED 48 YEARS S/O.KRISHNAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VALIYAPARAMBATHU, KURICHAKKAVU P.O., KUTTIYADI-673508.Phone.9846792434
2. RAJESH V.P., AGED 47 YEARS S/O.BALAN V.P., UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VALIYAPARAMBATH HOUSE, VADAKARA (VIA)-673542.phone.9495641990
3. SURESH V., AGED 48 YEARS UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VATAKKAYIL HOUSE, MEMUNDA P.O., VADAKARA (VIA)-673104, VADAKARA (VIA)-673542.
4. MANOJ KACHERIPARAMBATH, AGED 51 YEARS S/O.KUNJIRAMAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT RED STAR HOUSE, KARTHIKAPPALLI, VILLIAPPATH-673542.phone.9074754499
5. K.M.SHEEJA, AGED 50 YEARS D/O.CHANDU NAMBIAR, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT KAYYALAMEETHAL HOUSE, MEMUNDA P.O., PAYYOLI (VIA) -673523.
6. MOHANDAS KULAMULLATHIL, AGED 53 YEARS S/O. KUNJIRAMAN, LG HINDI, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT KULAMULLATHIL HOUSE, AYANCHERI P.O., THIRUVALLUR-673541.
7. SHYJU T.K., AGED 45 YEARS S/O.DAMU, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT THANAKANDIYIL HOUSE, MEMUNDA P.O., VATAKARA-673104.
8. SREEJITH K.K., AGED 46 YEARS S/O.BALACHANDRAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT KARUANKANDIYIL HOUSE, MEMUNDA P.O., VATAKARA-673104.
9. JISHA O.K., AGED 48 YEARS D/O.KUMARAN O.K., HSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT OTHAYOTHKANDI HOUSE,THURATHIYAD P.O., BALUSSERY (VIA)-673612.
10. RAVI C.V., AGED 50 YEARS S/O.CHATHU, LG HINDI, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT CHERIYAVAYARAMVELI HOUSE, PALAYADNADU P.O., PUDUPANAM (VIA)-673521.
11. SHEEJA VANNATHAN KANDIYIL, AGED 52 YEARS D/O.LAKSHMANAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VANNATHANKANDIYIL HOUSE, MEMUNDA P.O., VADAKARA (VIA)-673104.
WP(C) No.27286/2020 5/7
12. SAKEESH K.K., AGED 40 YEARS S/O.KARUNAKARAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT KALLUVETTUKUZHIYIL HOUSE, CHERAPURAM, KAKKATTIL (VIA)-673507.
13. SHAJI S., AGED 48 YEARS S/O. NANU V.K., UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT SHAJINILAYAM, MEMUNDA P.O., VATAKARA (VIA)-673104.
14. AMRUTHA J., AGED 38 YEARS D/O.JANARDHANAN, HSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT VISAKH HOUSE, MEMUNDA P.O., VATAKARA (VIA)-673104.
15. JAYAPRAKASH THAYYULLATHIL, AGED 50 YEARS S/O.PADMANABHAN, LG HINDI, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT THAYYULLATHIL HOUSE, PUDUPANAM P.O., VADAKARA (VIA)-673105.
16. RAGESH P., AGED 38 YEARS S/O.KUMARAN, UPSA, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673104, RESIDING AT PUTTARATH HOUSE, KEEZHAL P.O., VATAKARA VIA-673104.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR GENERAL OF EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.
3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN-673001.
4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA-673101.
5. THE MANAGER, MEMUNDA HIGHER SECONDARY SCHOOL, MEMUNDA P.O., KOZHIKODE-673101.
Application praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to carry out the following corrections in WP(C) No.27286/2020 as follows:
"The name of the 4th petitioner which has been erroneously mentioned in the cause title as "Manoj Kacheriparambath" has to be corrected as "Manojkumar Kacheri Parambath". Similarly, the name of the 15th petitioner which has been erroneously mentioned in the cause title as "Jayaprakash Thayyullathil" has to be corrected as "Jayaprakashan Thayyullathil". Further, in ground C of the Writ Petition, which is extracted in paragraph 1 of the judgment, the period of approval sought for by the 9th petitioner which has been erroneoously stated as "from 14-07-2006 to 31-05-2007" has to be corrected as "17-07-2006 to 31-05-2007". Similarly, the period of approval sought for by the 12th petitioner which has been erroneously stated as "from 03-08-2009 to 31-05-2010" has to be corrected as "03-08-2009 to 31-05-2011". Further, the period of approval sought for by the 15th pettiioner which has been erroneously stated as "from 12-07-2010 to 31-08-2010" has to be WP(C) No.27286/2020 6/7 corrected as "12-07-2010 to 31-08-2011".
It is respectfully submitted that the mistakes that crept in while mentioning the names of the 4th and 15th petitioners in the cause title are only typographical errors as can be evidenced from Exhibits P11 and P41 respectively. Similarly, the mistakes that crept in while mentioning the period of approval sought for by the 9th, 12th and 15th pettiioners are also typographical errors as can be deciphered from Exhibits P27, P36 and P41 respectively. Therefore all of the said errors have to be rectified in the manner mentioned above".
This Application coming on for orders upon perusing the application and the affidavit filed in support thereof, and this court's judgment dated 11-03-2022 and upon hearing the arguments of M/s.ELVIN PETER P.J., K.R.GANESH, KAIMAL PRIYA PADMANABHA, GOURI BALAGOPAL, SIDHARTH SUDHEER, Advocates for the petitioners in IA/WP(C),GOVERNMENT PLEADER for R1 to R4 in IA/WP(C) and M/s. DINESH KUMAR K., K.P.SHEREEF Advocates for R5 in IA/WP(C), the court passed the following:
ORDER Heard. Allowed.
Sd/- VIJU ABRAHAM JUDGE 03-06-2022 /True Copy/ Assistant Registrar WP(C) No.27286/2020 7/7 APPENDIX OF WP(C) 27286/2020 EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER DATED 4.6.2007 ISSUED TO THE 4TH PETITIONER BY THE 5TH RESPONDENT MANAGER APPOINTING HIM AS UPSA.
EXHIBIT P27 TRUE COPY OF THE APPOINTMENT ORDER DATED 11.7.2006 ISSUED TO THE 9TH PETITIONER BY THE 5TH RESPONDENT MANAGER APPOINTING HER AS UPSA.
EXHIBIT P36 TRUE COPY OF THE APPOINTMENT ORDER DATED 3.8.2009 ISSUED TO THE 12TH PETITIONER BY THE 5TH RESPONDENT MANAGER APPOINTING HIM AS UPSA.
EXHIBIT P41 TRUE COPY OF THE APPOINTMENT ORDER DATED 12.7.2010 ISSUED TO THE 15TH PETITIONER BY THE 5TH RESPONDENT MANAGER APPOINTING HIM AS LG HINDI.