Kerala High Court
The Manager vs Kerala Pradesh School Teacher’S ... on 3 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
1 2024:KER:66812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1307 OF 2024
AGAINST THE JUDGMENT DATED 01.08.2024 IN WP(C) NO.21992 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/3RD RESPONDENT :
MANAGER
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686669
BY ADVS.
K.MOHANAKANNAN
NAVANEETH D.PAI
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1,2 AND 4 :
1 K. M. ABDULLA
AGED 53 YEARS
S/O MOHAMMED ABDU RAHIMAN PD TEACHER,
GOVT. BOYS, HSS, COURT RD, KACHERIPPADI,
MANJERI, MALAPPURAM DISTRICT - 676121.
RESIDING AT KOORIMANNIL (H), ANAKKAYAM P. O.
MALAPPURAM DISTRICT, PIN - 676509
2 P. K. AZEEZ
AGED 54 YEARS
S/O MUHAMMED HM, FRANCIS ROAD ALPS (AIDED SCHOOL)
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
2 2024:KER:66812
FRANCIS ROAD, KOZHIKODE -673001. RESIDING AT
KAMAPURATH (H), P. O. VAYDIRANGADI, RAMANATTUKARA,
KOZHIKODE, PIN - 673633
STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
3 GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
5 PARENT TEACHERS ASSOCIATION
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT., PIN - 686669
OTHER PRESENT:
SPL GP SRI P SANTHOSH KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA NO.1337 OF 2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
3 2024:KER:66812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1337 OF 2024
AGAINST THE JUDGMENT DATED 01.08.2024 IN WP(C) NO.21811 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/3RD RESPONDENT :
THE MANAGER
EBENEZER HIGHER SECONDARY SCHOOL NELLAD.P.O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686669
BY ADV K.MOHANAKANNAN
RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 AND 2 :
1 KERALA PRADESH SCHOOL TEACHER'S ASSOCIATION
REPRESENTED BY ITS PRESIDENT (K.ABDUL MAJEED),
CHINMAYA SCHOOL LANE, KUNNUMPURAM,
THIRUVANANTHAPURAM, PIN - 695001
2 P.K. ARAVINDAKSHAN
AGED 53 YEARS
HEAD MASTER, G.U.P. SCHOOL, KANNUR,
KOZHIKODE DISTRICT, PIN - 673305
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
4 2024:KER:66812
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
4 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
OTHER PRESENT:
SRI.GEORGE KANNANTHANAM (SR)
SPL GP SRI P SANTHOSH KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024
ALONG WITH WA NO.1307 OF 2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
5 2024:KER:66812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1350 OF 2024
AGAINST THE JUDGMENT DATED 01.08.2024 IN WP(C) NO.22878 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/3RD RESPONDENT IN WPC :
MANAGER
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686669
BY ADVS.
K.MOHANAKANNAN
NAVANEETH D.PAI
RESPONDENT(S)/PETITIONERS AND RESPONDENT 1,2 AND 4 :
1 KERALA ARABIC TEACHERS FEDERATION (KATF)
REP. BY ITS PRESIDENT, ABDUL HAQUE T. P.
AGED 55 YEARS, S/O ABDUL RAHMAN T. P., AUPS,
IRUMBUCHOLA, AR NAGAR P. O., MALAPUURAM - 676305
RESIDING AT THEKKE PURAAYIL, IYYAD P. O.,
PIN - 673574
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
6 2024:KER:66812
2 MAHI K.A.
AGED 52 YEARS
S/O K. S. ALI, LG (ARABIC), GUHSS, NORTH EDAPPALLY,
ERNAKULAM -682024. RESIDING AT KUNNAMKULATHIL (H),
KALAYATTINKARA P. O., ERNAKULAM, PIN - 682315
3 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
5 PARENT TEACHERS ASSOCIATION
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT., PIN - 686669
OTHER PRESENT:
SPL GP SRI P SANTHOSH KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH W.A. NO.1337 OF 2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
7 2024:KER:66812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1330 OF 2024
AGAINST THE JUDGMENT DATED 01.08.2024 IN WP(C) NO.21992 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/4TH RESPONDENT IN WP(C):
PARENT TEACHERS ASSOCIATION
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT., PIN - 686669
BY ADVS. K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
SACHIN RAMESH
MANIKANTAN S.KANDATHIL
AISHWARYA SATHEESAN
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1 TO 3 IN WP(C):
1 K. M. ABDULLA
AGED 53 YEARS
S/O MOHAMMED ABDU RAHIMAN PD TEACHER, GOVT. BOYS,
HSS, COURT RD, KACHERIPPADI, MANJERI, MALAPPURAM
DISTRICT - 676121. RESIDING AT KOORIMANNIL (H),
ANAKKAYAM P. O. MALAPPURAM DISTRICT, PIN - 676509
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
8 2024:KER:66812
2 P. K. AZEEZ
AGED 54 YEARS
S/O MUHAMMED HM, FRANCIS ROAD ALPS (AIDED SCHOOL)
FRANCIS ROAD, KOZHIKODE - 673001. RESIDING AT
KAMAPURATH (H), P. O. VAYDIRANGADI, RAMANATTUKARA,
KOZHIKODE, PIN - 673633
3 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
5 MANAGER
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686669
OTHER PRESENT:
SPL GP SRI P SANTHOSH KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA NO.1337 OF 2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
9 2024:KER:66812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1331 OF 2024
AGAINST THE JUDGMENT DATED 1.8.2024 IN WP(C) NO.22878 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/4TH RESPONDENT IN WP(C):
PARENT TEACHERS ASSOCIATION
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT., PIN - 686669
BY ADVS. K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
SACHIN RAMESH
MANIKANTAN S.KANDATHIL
AISHWARYA SATHEESAN
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1 TO 3 IN WP(C):
1 KERALA ARABIC TEACHERS FEDERATION (KATF)
REP. BY ITS PRESIDENT, ABDUL HAQUE T. P.
AGED 55 YEARS
S/O ABDUL RAHMAN T. P., AUPS, IRUMBUCHOLA,
AR NAGAR P. O., MALAPUURAM – 676305
RESIDING AT THEKKE PURAAYIL, IYYAD P. O.,
PIN - 673574
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
10 2024:KER:66812
2 MAHI K.A.
AGED 52 YEARS
S/O K. S. ALI, LG (ARABIC), GUHSS,
NORTH EDAPPALLY, ERNAKULAM -682024
RESIDING AT KUNNAMKULATHIL (H),
KALAYATTINKARA P. O., ERNAKULAM,
PIN - 682315
3 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
5 MANAGER
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD P. O.,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686669
OTHER PRESENT:
SPL GP SRI P SANTHOSH KUMAR
SRI K MOHANAKANNAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA NO.1337 OF 2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
11 2024:KER:66812
AMIT RAWAL & EASWARAN S., JJ.
--------------------------------
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
------------------------------------------
Dated this the 3rd day of September, 2024
JUDGMENT
AMIT RAWAL, J.
This order shall dispose of five writ appeals preferred
against the common judgment of the learned Single Judge dated
01.08.2024 in W.P.(C) No.21811 of 2024 and connected cases.
The controversy involved in the present case is whether the
schools can be permitted to impart education on Saturdays to
complete 220 days provided under the Right to Education Act.
The order was passed in favour of the schools, which was set
aside by the learned Single Bench with a direction to the Principal
Secretary to reconsider the matter.
2. Sri.Jaju Babu assisted by Sri.Brijesh Mohan, learned
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
12 2024:KER:66812
counsel for the appellants in W.A. Nos.1330 of 2024 and 1331 of
2024 and Sri.Mohanakannan, learned counsel appearing for the
appellants in W.A. Nos.1307, 1337 and 1350 of 2024 submitted
that only the Government Officials were heard and the matter
has been disposed of for reconsideration owing to the fact that
there was certain non compliance of the provisions of the Kerala
Educational Rules.
3. The operative part of the judgment reads as under :
" In such circumstances, I am convinced that, Ext.P6
decision of the 2nd respondent and Ext. P3 Academic
Calendar are not legally sustainable to the extent that it
declared 25 Saturdays as working days. Accordingly,
Exts. P3 and P6 are quashed to that extent, with a
direction to the 1st respondent to reconsider the
same by taking note of the requirements in the Right of
Children to Free and Compulsory Education Act, 2009,
after considering the views of the stakeholders by
extending a reasonable opportunity to them and also
considering the views of the experts as mentioned
above. Since, this Court did not issue notice, to the
petitioners in Ext. P2 judgment, before taking a
decision notice should be issued to them as well.
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
13 2024:KER:66812
However, considering the fact that, by this time, Ext.P3
is implemented, and on several Saturdays during this
academic year, the schools functioned, it is clarified that
this judgment shall be made applicable to the coming
Saturdays, which are declared as working days as per
Ext.P3 calendar ."
4. We have heard Sri.Jaju Babu and Sri.Tony George
Kannanthanam, learned Senior Counsel; Sri.K.Mohanakannan,
and Sri.Santhosh Kumar, learned Special Government Pleader.
During the course of hearing, we have been informed that the
hearing of the matter is fixed on 9.9.2024 and appellants who
have not been heard would be at liberty to raise their points.
5. In view of the aforesaid contentions, we are of the view
that the appellants who have not been heard before the Single
Bench will be at liberty to appear before the Principal Secretary
seized off the matter with regard to the declaration of 25
Saturdays as working days and place on record all materials and
make submissions. In other words, the Principal Secretary is
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
14 2024:KER:66812
directed to afford an opportunity to all the affected parties who
were even not heard but were parties before the Single Bench and
pass appropriate orders in accordance with law.
Appeals are disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
NS
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
15 2024:KER:66812
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EDUCATIONAL CALENDAR 2024-
25 PUBLISHED BY THE 1ST RESPONDENT ALONG
WITH ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
25120/23 DATED 26.2.2024 PASSED BY THIS
HONBLE COURT
Exhibit P3 TRUE COPY OF ORDER NO. S2(A)
1599098/2023/DGE DATED 25.4.2024 ISSUED BY
THE 2ND RESPONDENT ALONG WITH ENGLISH
TRANSLATION
W.A. Nos.1307, 1330, 1331,
1337 & 1350 of 2024
16 2024:KER:66812
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EDUCATIONAL CALENDAR 2024-
25 PUBLISHED BY THE 1ST RESPONDENT ALONG
WITH ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
25120/2023 DATED 26.2.2024 PASSED BY THIS
HON'BLE COURT
Exhibit P3 TRUE COPY OF ORDER NO. S2(A)
1599098/2023/DGE DATED 25.4.2024 ISSUED BY
THE 2ND RESPONDENT ALONG WITH ENGLISH
TRANSLATION
Exhibit R2(a) TRUE COPY OF ORDER NO.
S2(A)/15999098/2023/DGE DATED 25.4.2024 OF
THE DGE, THIRUVANANTHAPURAM ALONG WITH
ENGLISH TRANSLATION
Exhibit R2(b) TRUE COPY OF THE MINUTES OF THE MEETING OF
QIP MONITORING COMMITTEE HELD ON 25.5.24
ALONG WITH ENGLISH TRANSLATION
Exhibit R2(c) TRUE COPY OF THE CONSOLIDATED STATEMENT OF
THE EDUCATIONAL CALENDAR
