Bismi S vs The State Of Kerala
2024 Latest Caselaw 4747 Ker

Kerala High Court

Bismi S vs The State Of Kerala on 7 February, 2024

W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                    ..1..


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                          WP(C) NO. 40865 OF 2023
PETITIONER:

              DIVYA P., AGED 39 YEARS,
              UPST, SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT - 690 525 RESIDING AT
              AMPITHARA HOUSE, THAZHAVA, KUTHIRAPANTHY P.O,
              KOLLAM DISTRICT, PIN - 690523.

             BY ADVS.M/S.V.A.MUHAMMED & M.SAJJAD


RESPONDENTS:

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

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

      3       THE DISTRICT EDUCATIONAL OFFICER,
              CIVIL STATION, KOLLAM DISTRICT, PIN - 691013.

      4       THE MANAGER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525.

      5       THE HEADMASTER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                           ..2..

             BY ADVS.M/S.A.N.RAJAN BABU & P.GOPALAKRISHNAN

              SRI.PREMCHAND R.NAIR, SR.G.P.


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON     07.02.2024,            ALONG        WITH    WP(C).NOS.40896/2023       &
40901/2023,        THE    COURT       ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                    ..3..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                          WP(C) NO. 40896 OF 2023
PETITIONER:

             BISMI S., AGED 40 YEARS,
             UPST, SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
             CLAPPANA, KOLLAM DISTRICT - 690 525 (RESIDING AT
             SARASWATHEE BHAVANAM, CLAPPANA NORTH, KOLLAM
             DISTRICT, PIN - 690525.

             BY ADVS.M/S. V.A.MUHAMMED & M.SAJJAD



RESPONDENTS:

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

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

      3       THE DISTRICT EDUCATIONAL OFFICER,
              CIVIL STATION, KOLLAM DISTRICT, PIN - 691013.

      4       THE MANAGER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525.
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                           ..4..

      5       THE HEADMASTER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525.

             BY ADVS.M/S.A.N.RAJAN BABU & P.GOPALAKRISHNAN

              SRI.PREMCHAND R.NAIR, SR.G.P.

          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON     07.02.2024,            ALONG        WITH    WP(C).NOS.40865/2023       &
40901/2023,        THE    COURT       ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                    ..5..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                          WP(C) NO. 40901 OF 2023
PETITIONER:

              ARCHA PRASANNA KUMAR, AGED 29 YEARS,
              UPST, SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT - 690 525 RESIDING AT
              CHAITHANYA MEMANA OACHIRA. P.O, KOLLAM DISTRICT,
              PIN - 690526.

             BY ADVS.M/S.V.A.MUHAMMED & M.SAJJAD


RESPONDENTS:

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

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

      3       THE DISTRICT EDUCATIONAL OFFICER,
              CIVIL STATION, KOLLAM DISTRICT, PIN - 691013.

      4       THE MANAGER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525.
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                           ..6..

      5       THE HEADMASTER,
              SHANMUGHA VILASAM HIGHER SECONDARY SCHOOL,
              CLAPPANA, KOLLAM DISTRICT, PIN - 690525.

             BY ADVS.M/S.A.N.RAJAN BABU &
             P. P.GOPALAKRISHNAN

                 SRI.PREMCHAND R.NAIR, SR.G.P.

          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON     07.02.2024,            ALONG        WITH    WP(C).NOS.40865/2023       &
40896/2023,        THE    COURT       ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) Nos. 40865, 40896 &
40901 of 2023

                                   ..7..


                         MOHAMMED NIAS C. P. , J.

               ==================================
                W.P.(C) Nos. 40865, 40896 & 40901 of 2023
               ==================================
                  Dated this the 7th day of February, 2024


                              JUDGMENT

The petitioner in WP(C). No.40865/2023 (Smt. Divya P.) was

appointed as UPST on 1.6.2022 against the promotion vacancy of one

Sri. Ratheesh, who was promoted as HSA (Maths) against an anticipated

additional division vacancy from 2022-2023. The petitioner in WP(C).

No.40896/2023 (Smt. Bismi S.) was appointed as UPST on 1.6.2022

against the promotion vacancy of one Smt. Pournami Thankachi, who

was promoted as HSA (English) against an anticipated additional division

vacancy from 2022-2023. The petitioner in WP(C). No.40901/2023

(Smt. Archa Prasanna Kumar) was appointed w.e.f 3.1.2023 against an

anticipated additional vacancy of UPSA during the year 2022-2023 and

again re-appointed w.e.f. 1.6.2022 against the retirement vacancy of

Smt. P. Mini (UPST). Thereafter, a new Manager had taken charge and it

is the submission of the learned counsel for the petitioner that, the W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..8..

petitioners were prevented from marking their attendance and steps taken

to withdraw the proposal for appointments. This was challenged in a Writ

Petition and by orders of this Court, the petitioners were permitted to

mark their attendance. A Writ Appeal was carried by the Management,

where the District Educational Officer was directed to take a decision,

according to which he ordered status quo as regards the cancellation of

the proposal by the Management.

2. The learned counsel for the petitioners now submits that the

District Educational Officer had since rejected the proposal for approval

of the petitioners' appointment, against which the petitioners have

preferred revisions before the Government. The petitioner in WP(C). No.

40865/2023 (Smt. Divya P.) has filed a revision marked as Ext.P-35 on

14.9.2023. The petitioner in WP(C). No.40896/2023 (Smt. Bismi S.) has

filed a revision marked as Ext.P-36 on 14.9.2023 and the petitioner in

WP(C). No.40901/2023 (Smt. Archa Prasanna Kumar) has filed a

revision marked as Ext.P-33 on 14.9.2023.

3. In the above circumstances, to resolve the dispute, there will be a

direction to the 1st respondent to consider the revisions preferred by the W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..9..

petitioners as noted above, with notice to the petitioners and also to other

affected parties including the Manager, and pass orders in accordance

with law, after affording an opportunity of hearing to them. It will be

open to the parties to raise all contentions available to them under law,

which will be adverted to by the 1st respondent while passing orders.

Taking note of the above facts orders as directed above shall be passed

within a period of 2 months from today. Till orders are passed as directed

above, the status quo as of today shall be maintained. The entitlement of

the petitioners from the date of appointment will be considered by the

1st respondent in the revisions preferred by them. The benefits to which

the petitioners are entitled will be subject to the orders to be passed as

directed above.

The Writ Petitions are disposed of, as above.

Sd/-

MOHAMMED NIAS C. P., JUDGE

MMG W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..10..

APPENDIX OF WP(C).NO.40865/2023 PETITIONER'S EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE G.O.(P)NO.3/2019/G.EDN DATED 28.02.2019

EXHIBIT P-2 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN DATED 08.03.2019

EXHIBIT P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2022

EXHIBIT P-4 TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 01.06.2022

EXHIBIT P-5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO.B4/807087/2022/K.DIS DATED 17.04.2023

EXHIBIT P-6 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO.

B4/807087/2022/K.DIS DATED 10.07.2023

EXHIBIT P-7 TRUE COPY OF THE HEARING NOTICE VIDE NO.

B4/807087/2022 DATED 22.06.2023 ISSUED BY THE DEO, SLATING THE HEARING ON 27.06.2023

EXHIBIT P-8 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.17563/2023 DATED 31.05.2023

EXHIBIT P-9 TRUE COPY OF THE LETTER BY THE NEW MANAGER DATED 20.07.2023

EXHIBIT P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO, KOLLAM DATED 24.07.2023

EXHIBIT P-11 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 444 DATED 11.09.1997 (PADMANABHAN NAMBIAR V. GOVERNMENT OF KERALA) W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..11..

EXHIBIT P-12 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 DATED 21.12.2001 (MANAGER, ST.MARY'S H.S V.BEJI ABRAHAM)

EXHIBIT P-13 TRUE COPY OF THE DECISION REPORTED IN 2007 (1) KLT 127 DATED 20.10.2006 (G.SOMANATHA PILLAI V.STATE OF KERALA AND OTHERS)

EXHIBIT P-14 TRUE COPY OF THE G.O.(RT) NO.95/2019/G.EDN DATED 10.01.2019

EXHIBIT P-15 TRUE COPY OF THE G.O.(RT)NO.1818/2019/G.EDN DATED 21.05.2019

EXHIBIT P-16 TRUE COPY OF THE G.O.(RT)NO.4503/2019/G.EDN DATED 29.10.2019

EXHIBIT P-17 TRUE COPY OF THE G.O.(RT)NO.5048/2019 DATED 23.11.2019

EXHIBIT P-18 TRUE COPY OF THE G.O.(MS.)NO.29/2023/G.EDN DATED 24.03.2023

EXHIBIT P-19 TRUE COPY OF THE G.O.(RT) NO.2836/2022/G.EDN DATED 09.05.2022

EXHIBIT P-20 TRUE COPY OF THE G.O.(RT)NO.598/2022/G.EDN DATED 04.02.2022

EXHIBIT P-21 TRUE COPY OF THE G.O.(RT)NO.8272/2022/G.EDN DATED 21.12.2022

EXHIBIT P-22 TRUE COPY OF THE G.O.(RT)NO.1952/2022/G.EDN DATED 23.03.2022

EXHIBIT P-23 TRUE COPY OF THE G.O.(RT)NO.974/2022/G.EDN DATED 21.02.2022

EXHIBIT P-24 TRUE COPY OF THE JUDGMENT IN WP(C).NO.28232/2023 DATED 23.08.2023 W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..12..

EXHIBIT P-25 TRUE COPY OF THE JUDGMENT IN WA NO.1661/2023 DATED 25.10.2023

EXHIBIT P-26 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE ORDER NO.B4/1580/2023 DATED 10.11.2023

EXHIBIT P-27 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE HEADMASTER DATED 30.11.2023

EXHIBIT P-28 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DATED 30.11.2023

EXHIBIT P-29 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04.12.2023

EXHIBIT P-30 TRUE COPY OF THE G.O.(RT).NO.4981/2023/GEDN DATED 07.09.2023

EXHIBIT P-31 TRUE COPY OF THE DECEISION REPORTED IN 2015 (4) KHC 153 = 2015 (4) KHC 153 (BEEBA K NATH V. STATE OF KERALA AND OTHERS) DATED 27.07.2015

EXHIBIT P- 32 TRUE COPY OF THE JUDGMENT IN WA 2628/2015 DATED 29.01.2016

EXHIBIT P-33 TRUE COPY OF THE G.O.(RT).NO.2098/2017/G.EDN DATED 29.06.2017

EXHIBIT P-34 TRUE COPY OF THE LETTER OF THE PRINCIPAL SECRETARY ADDRESSING THE DIRECTOR VIDE NO.G.EDN-JR1/502/2023/G.EDN DATED 01.11.2023

EXHIBIT P-35 TRUE COPY OF THE REVISION PETITION DATED 14.09.2023 BEFORE THE SECRETARY TO GOVERNMENT

RESPONDENTS' EXHIBITS:

W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..13..

EXHIBIT -R4(E) TRUE COPY OF THE JUDGMENT DATED 31-5-2022 IN W.P.(C) NO.17668/22 IS PRODUCED

EXHIBIT -R4(A) TRUE COPY OF THE MEMO OF APPOINTMENT DATED 1- 6-2022 ISSUED BY THEN MANAGER RRENOJ TO THE PETITIONER AS UPSA RECEIVED FROM THE SCHOOL RECORDS

EXHIBIT -R4(D) TRUE COPY OF THE SAID ORDER NO.SVHSS/16/2023 DATED 21-08-2023

EXHIBIT -R4(F) TRUE COPY OF THE JUDGMENT DATED 07/06/2023 IN

EXHIBIT -R4(G) TRUE COPY OF THE APPEAL DATED 4-12-2023 AGAINST EXT.P26 ORDER SUBMITTED BEFORE THE DY. DIRECTOR OF EDUCATION, KOLLAN

EXHIBIT -R4(H) TRUE COPY OF THE STAY PETITION DATED 4-12- 2023 AGAINST EXT.P26 ORDER SUBMITTED BEFORE THE DY. DIRECTOR OF EDUCATION, KOLLAN

EXHIBIT -R4(C) TRUE COPY OF THE ORDERNO.B4/37232/2022 DATED 03/07/2023 OF THE 3RD RESPONDENT REJECTING THE APPROVAL OF THE APPOINTMENT OF THE PETITIONER W.E.F. 01-06-2022

EXHIBIT -R4(B) TRUE COPY OF THE ORDER NO.B4/37237/22DATED 11-4-2023 ISSUED BY 2ND RESPONDENT W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..14..

APPENDIX OF WP(C).NO.40896/2023 PETITIONER'S EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE G.O.(P)NO.3/2019/G.EDN DATED 28.02.2019

EXHIBIT P-2 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN DATED 08.03.2019

EXHIBIT P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2022

EXHIBIT P-4 TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 01.06.2022

EXHIBIT P-5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO.B4/807087/2022/K.DIS DATED 17.04.2023

EXHIBIT P-6 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO.

B4/807087/2022/K.DIS DATED 10.07.2023

EXHIBIT P-7 TRUE COPY OF THE HEARING NOTICE VIDE NO.

B4/807087/2022 DATED 22.06.2023 ISSUED BY THE DEO, SLATING THE HEARING ON 27.06.2023

EXHIBIT P-8 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.17563/2023 DATED 31.05.2023

EXHIBIT P-9 TRUE COPY OF THE LETTER SO ISSUED BY THE NEW MANAGER DATED 20.07.2023

EXHIBIT P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO, KOLLAM DATED 24.07.2023

EXHIBIT P-11 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 444 DATED 11.09.1997 (PADMANABHAN NAMBIAR V. GOVERNMENT OF KERALA) W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..15..

EXHIBIT P- 12 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 DATED 21.12.2001 (MANAGER, ST.MARY'S H.S V.BEJI ABRAHAM)

EXHIBIT P-13 TRUE COPY OF THE DECISION REPORTED IN 2007 (1) KLT 127 DATED 20.10.2006 (G.SOMANATHA PILLAI V.STATE OF KERALA AND OTHERS)

EXHIBIT P-14 TRUE COPY OF THE G.O.(RT) NO.95/2019/G.EDN DATED 10.01.2019

EXHIBIT P-15 TRUE COPY OF THE G.O.(RT)NO.1818/2019/G.EDN DATED 21.05.2019

EXHIBIT P-16 TRUE COPY OF THE G.O.(RT)NO.4503/2019/G.EDN DATED 29.10.2019

EXHIBIT P-17 TRUE COPY OF THE G.O.(RT)NO.5048/2019 DATED 23.11.2019

EXHIBIT P-18 TRUE COPY OF THE G.O.(MS.)NO.29/2023/G.EDN DATED 24.03.2023

EXHIBIT P-19 G.O.(RT) NO.2836/2022/G.EDN DATED 09.05.2022

EXHIBIT P-20 TRUE COPY OF THE G.O.(RT)NO.598/2022/G.EDN DATED 04.02.2022

EXHIBIT P-21 TRUE COPY OF THE G.O.(RT)NO.8272/2022/G.EDN DATED 21.12.2022

EXHIBIT P-22 TRUE COPY OF THE G.O.(RT)NO.1952/2022/G.EDN DATED 23.03.2022

EXHIBIT P-23 TRUE COPY OF THE G.O.(RT)NO.974/2022/G.EDN DATED 21.02.2022

EXHIBIT P-24 TRUE COPY OF THE JUDGMENT IN WP(C).NO.28217/2023 DATED 23.08.2023 W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..16..

EXHIBIT P-25 TRUE COPY OF THE JUDGMENT IN WA NO.1639/2023 DATED 25.10.2023

EXHIBIT P-26 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE ORDER NO.B4/1578/2023 DATED 10.11.2023

EXHIBIT P-27 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE HEADMASTER DATED 30.11.2023

EXHIBIT P-28 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DATED 30.11.2023

EXHIBIT P-29 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04.12.2023

EXHIBIT P-30 TRUE COPY OF THE G.O.(RT).NO.4981/2023/GEDN DATED 07.09.2023

EXHIBIT P-31 TRUE COPY OF THE DECISION REPORTED IN 2015 (4) KHC 153 = 2015 (4) KHC 153 (BEEBA K NATH V. STATE OF KERALA AND OTHERS) DATED 27.07.2015

EXHIBIT P-32 TRUE COPY OF THE JUDGMENT IN WA 2628/2015 DATED 29.01.2016

EXHIBIT P-33 TRUE COPY OF THE G.O.(RT).NO.2098/2017/G.EDN DATED 29.06.2017

EXHIBIT P-34 TRUE COPY OF THE LETTER OF THE PRINCIPAL SECRETARY ADDRESSING THE DIRECTOR VIDE NO.G.EDN-JR1/502/2023/G.EDN DATED 01.11.2023

EXHIBIT P-35 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE NO.D.DIS.B4/58834/2023 DATED 21.08.2023 OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..17..

EXHIBIT P-36 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 14.09.2023

RESPONDENTS' EXHIBITS:

EXHIBIT R(4) A TRUE COPY OF THE MEMO OF APPOINTMENT DATED01/06/2022

EXHIBIT R(4)B TRUE COPY OF THE ORDER NO. B4/37234/22DATED 12/04/2023

EXHIBIT R(4)C TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT REJECTING THE APPROVAL OF THE APPOINTMENT OF THE PETITIONER DATED 01/06/2022

EXHIBIT R(4)D TRUE COPY OF THE ORDER NO. SVHSS/17/2023 DATED 21/08/2023

EXHIBIT R(4)E TRUE COPY OF THE JUDGMENT IN WP (C) NO.

17668/2022 DATED 31/05/2022

EXHIBIT R(4)F TRUE COPY OF THE JUDGMENT IN WP (C) NO.17563/2023 DATED07/06/2023

EXHIBIT R(4)G TRUE COPY OF THE APPEAL DATED04/12/2023

EXHIBIT -R4(H) A TRUE COPY OF TENURE LIST OF JAYACHANDRAN AND RENOJ RECORDED IN SAMUNYA IS CREATED ON 27/07/2023

EXHIBIT -R4(I) TRUE COPY OF APPOINTMENT ORDER OF ANUJA G DATED 06-11-2023,

EXHIBIT -R4(J) TRUE COPY OF ORDER OF SMT.PARVATHY A. IS VALIDLY APPOINTED AS PROBATORY U.P.S.T. DATED 03-11-2023, W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..18..

APPENDIX OF WP(C).NO.40901/2023 PETITIONER'S EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.01.2023

EXHIBIT P-2 TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 03.01.2023

EXHIBIT P-2(A) TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL OF THE PETITIONER DATED 01.06.2023

EXHIBIT P-3 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO.B4/807087/2022/K.DIS DATED 17.04.2023

EXHIBIT P-4 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE NO. B4/807087/2022/K.DIS DATED 10.07.2023

EXHIBIT P-5 TRUE COPY OF THE HEARING NOTICE VIDE NO.

B4/807087/2022 DATED 22.06.2023 ISSUED BY THE DEO, SLATING THE HEARING ON 27.06.2023

EXHIBIT P-6 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.17563/2023 DATED 31.05.2023

EXHIBIT P-7 TRUE COPY OF THE LETTER SO ISSUED BY THE NEW MANAGER DATED 20.07.2023

EXHIBIT P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO, KOLLAM DATED 24.07.2023

EXHIBIT P-9 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 444 DATED 11.09.1997 (PADMANABHAN NAMBIAR V. GOVERNMENT OF KERALA) W.P.(C) Nos. 40865, 40896 & 40901 of 2023

..19..

EXHIBIT P-10 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 DATED 21.12.2001 (MANAGER, ST.MARY'S H.S V.BEJI ABRAHAM)

EXHIBIT P-11 TRUE COPY OF THE DECISION REPORTED IN 2007 (1) KLT 127 DATED 20.10.2006 (G.SOMANATHA PILLAI V.STATE OF KERALA AND OTHERS)

EXHIBIT P-12 TRUE COPY OF THE G.O.(RT) NO.95/2019/G.EDN DATED 10.01.2019

EXHIBIT P-13 TRUE COPY OF THE G.O.(RT)NO.1818/2019/G.EDN DATED 21.05.2019

EXHIBIT P-14 TRUE COPY OF THE G.O.(RT)NO.4503/2019/G.EDN DATED 29.10.2019

EXHIBIT P-15 TRUE COPY OF THE G.O.(RT)NO.5048/2019 DATED 23.11.2019

EXHIBIT P-16 TRUE COPY OF THE G.O.(MS.)NO.29/2023/G.EDN DATED 24.03.2023

EXHIBIT P-17 TRUE COPY OF THE G.O.(RT) NO.2836/2022/G.EDN DATED 09.05.2022

EXHIBIT P-18 TRUE COPY OF THE G.O.(RT)NO.598/2022/G.EDN DATED 04.02.2022

EXHIBIT P-19 TRUE COPY OF THE G.O.(RT)NO.8272/2022/G.EDN DATED 21.12.2022

EXHIBIT P-20 TRUE COPY OF THE G.O.(RT)NO.1952/2022/G.EDN DATED 23.03.2022

EXHIBIT P-21 TRUE COPY OF THE G.O.(RT)NO.974/2022/G.EDN DATED 21.02.2022

EXHIBIT P-22 TRUE COPY OF THE JUDGMENT IN WP(C).NO.28033/2023 DATED 23.08.2023 W.P.(C) Nos. 40865, 40896 & 40901 of 2023

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EXHIBIT P-23 TRUE COPY OF THE JUDGMENT IN WA NO.1774/2023 DATED 25.10.2023

EXHIBIT P-24 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM VIDE ORDER NO.B4/1579/2023 DATED 10.11.2023

EXHIBIT P-25 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE HEADMASTER DATED 30.11.2023

EXHIBIT P-26 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DATED 30.11.2023

EXHIBIT P-27 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04.12.2023

EXHIBIT P-28 TRUE COPY OF THE G.O.(RT).NO.4981/2023/GEDN DATED 07.09.2023

EXHIBIT P-29 TRUE COPY OF THE DECEISION REPORTED IN 2015 (4) KHC 153 = 2015 (4) KHC 153 (BEEBA K NATH V. STATE OF KERALA AND OTHERS) DATED 27.07.2015

EXHIBIT P-30 TRUE COPY OF THE JUDGMENT IN WA 2628/2015 DATED 29.01.2016

EXHIBIT P-31 TRUE COPY OF THE G.O.(RT).NO.2098/2017/G.EDN DATED 29.06.2017

EXHIBIT P-32 TRUE COPY OF THE LETTER OF THE PRINCIPAL SECRETARY ADDRESSING THE DIRECTOR VIDE NO.G.EDN-JR1/502/2023/G.EDN DATED 01.11.2023

EXHIBIT P-33 TRUE COPY OF THE REVISION PETITION DATED 14.09.2023 BEFORE THE SECRETARY TO GOVERNMENT

RESPONDENTS' EXHIBITS:

W.P.(C) Nos. 40865, 40896 & 40901 of 2023

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TRUE COPY OF THE ORDER NO.B4/43969/22 EXHIBIT R4(A) DATED 20/11/2022

TRE COPY OF THE ORDER NO. B4/4586/2023 DATED 03/07/2023 OF THE 3RD REPONDENT EXHIBIT R4(B) REJECTING THE APPROVAL OF THE APPOINTMENT OF THE PETITIONER

TRUE COPY OF THE ORDER NO. SVHSS/18/2023 DATED 21/08/2023 TERMINATED THE SERVICE EXHIBIT R4(C) OF THE PETITIONER BY WITHDRAWING HER APPOINTMENT

TRUE COPYOF THE JUDGMENT IN EXHIBIT R4(D) WP(C)NO.17668/2022 DATED 31/05/2022

TRUE COPYOF THE JUDGMENT IN WP(C) NO.

EXHIBIT R4(E)
                              17563/2023 DATED 07/06/2023

                              TRUE    COPY   OF    THE  APPEAL   DATED
EXHIBIT R4(F)                 04/12/2023BEFORE THE DEPUTY DR.EDUCATION
                              FOR STAY THE PROCEEDINGS

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