Kerala High Court

Jithinraj V vs State Of Kerala on 22 April, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

W.A.No.825 of 2025
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                  &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947

                         WA NO. 825 OF 2025

         AGAINST THE ORDER DATED 16.04.2025 IN WP(C) NO.16399 OF

2025 OF HIGH COURT OF KERALA.

APPELLANT(S)/PETITIONERS:

     1       JITHINRAJ V,
             AGED 33 YEARS,
             S/O.RAMAKRISHNAN C, AMRUTHAM, PALOTTIL,
             HOSDURG, KASARAGOD, PIN - 671 314.

     2       ANUJITH V.DEV,
             AGED 28 YEARS,
             S/O.VASUDEVAN NAMBOODIRI,AKAPPURATH ILLAM,
             KARAYAD (PO), MEPAYUR (VIA) KOZHIKODE,
             PIN - 673 524.

     3       KRISHNA PRASAD P,
             AGED 35 YEARS,
             S/O. KRISHNANKUTTY P, KRISHNA, PANARUKANDIYIL,
             KAKKUR P.O., KOZHIKODE, PIN - 673 613.

     4       NASEEMA P.K.,
             AGED 36 YEARS,
             W/O.ABDUL BASHEER, KOOTHRADAN HOUSE, KALAMBADI
             UPHILL,MALAPPURAM MALAPPURAM P.O., PIN - 676 505.

     5       RAIHANATH M.,
             AGED 34 YEARS,
             W/O.SAJIL MUHAMMED, POTTAYIL, EDAPPULAM,
             PORUR, MALAPPURAM, PIN - 679 328.

     6       UMMUL HAREER P.T.,
             AGED 41 YEARS,
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            D/O MUHAMMED P, MELE CHUNDAYIL HOUSE,
            PANNIKOTTUR (P.O) KODOLY. NARIKKUNI,
            KOZHIKODE, PIN - 673 572.

     7      SHIJILA K.,
            AGED 33 YEARS,
            D/O.GOPALAKRISHNAN KODIYATH HOUSE,
            KERALA ESTATE (PO) MALAPPURAM DISTRICT,
            PIN - 676 525.

     8      SHYJA P,
            AGED 42 YEARS,
            W/O.AJAY KUMAR, NELLACHERY THAZHA,
            MANDARATHUR POST, KURUNTHODI, MANIYOOR P.P.,
            KOZHIKODU, PIN - 673 105.

     9      SHIMYA K.,
            AGED 34 YEARS,
            C/O.SUSHANTH K., NANDAYATH KUNNUMMEL,
            KIDARAMKUNNU, KURICHIYIL P.O., TEMPLE GATE,
            KANNUR, PIN - 670 102.

     0      JEENAMOL D.,
            AGED 42 YEARS,
            W/O.GODWIN SUMESH, DAFFODILS, CHITTAYAM, INCHAVILA
            P.O., PANAYAM, KOLLAM, PIN - 691 601.

     11     PRINCY VARGHEESE,
            AGED 44 YEARS,
            D/O VARGHEESE NJAROLICKAL, RAMAPURAM,
            IDIYANAL P.O., KOTTAYAM, PIN - 686 576.

     12     SHIMMY MANUEL,
            AGED 41 YEARS,
            D/O.MANI JOSEPH, VILAKKUNNEL, KOOTTAKKALLU,
            MOONNILAVU, MEENACHI, KOTTAYAM, PIN - 686 586.

     13     BINDHU S.R.,
            AGED 50 YEARS,
            W/O.PRAMOD R. KAIPPIRIKKAL HOUSE, KIZHATHIRI,
            RAMAPURAM, KOTTAYAM, PIN - 686 576.


            BY ADVS.
            J.JULIAN XAVIER
            FIROZ K.ROBIN
            AKHIL P.C.
            ASWATHY SUSAN PAUL
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            ROY JOSEPH
            ANIES MATHEW
            JOSE. V.V. (THENGATHARA)




RESPONDENT(S)/RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695 033.

     2      DIRECTOR GENERAL EDUCATION DEPARTMENT,
            OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM, PIN - 695 014.

     3      COMMISSIONER OF EXAMINATIONS,
            GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER FOR
            GOVERNMENT EXAMINATIONS, POOJAPPURA,
            THIRUVANANTHAPURAM, PIN - 695 012.

     4      SECRETARY,
            OFFICE OF THE COMMISSIONER FOR GOVERNMENT
            EXAMINATIONS, POOJAPPURA THIRUVANANTHAPURAM,
            PIN - 695 012.

     5      DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF DISTRICT EDUCATIONAL OFFICER, KANHANGAD,
            KANHANGAD (PO), KASARGOD, PIN - 671 315.

     6      DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF DISTRICT EDUCATIONAL OFFICER, VADAKARA,
            VADAKARA (PO), KOZHIKODE, PIN - 673 101.

     7      DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF DISTRICT EDUCATIONAL OFFICER, THAMARASSERY,
            THAMARASSERRY (PO), KOZHIKODE, PIN - 673 573.

     8      DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF DISTRICT EDUCATIONAL OFFICER, MALAPPURAM ,
            MALAPPURAM (PO), PIN - 676 505.

     9      DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF DISTRICT EDUCATIONAL OFFICER, WANDOOR,
            WANDOOR (PO), MALAPPURAM, PIN - 679 328.
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     10      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, THAMARASSERY,
             THAMARASSERRY (PO), KOZHIKODE, PIN - 673 573.

     11      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, WANDOOR,
             WANDOOR (PO), MALAPPURAM, PIN - 679 328.

     12      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, VADAKARA,
             VADAKARA (PO), KOZHIKODE, PIN - 673 101.

     13      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, KANNUR (PO),
             KANNUR, PIN - 670 002.

     14      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA,
             MAVELIKKARA (PO), ALAPPUZHA, PIN - 690 101.

     15      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY,
             KADUTHURUTHY (PO), KOTTAYAM -, PIN - 686 604.

     16      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY,
             KADUTHURUTHY (PO), KOTTAYAM -, PIN - 686 604.

     17      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF DISTRICT EDUCATIONAL OFFICER, PALA, PALA
             (PO), KOTTAYAM, PIN - 686 506.


             BY ADV.
             SRI T. K. VIPINDAS-SR GP


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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            DEVAN RAMACHANDRAN & P.V.BALAKRISHNAN, JJ.
          -------------------------------------------------------------
                              WA No.825 of 2025
               ---------------------------------------------------
                     Dated this the 22nd day of April 2025



                               JUDGMENT

This appeal is against the interim order of a learned Single

Judge of this Court dated 16/04/2025, which declined their prayer

that their applications be accepted and processed, for the ensuing

special K-TET examinations scheduled on 29/05/2025 and

30/05/2025.

2. Sri.Julian Xavier, learned counsel for the appellants,

pointed out that the learned Single Judge has refused the afore relief

solely based on Ext.P10 Government Order, but without adverting to

the factum that its stipulations, including that the examination will be

confined to those who are in service between 01/06/2012 and the

academic year 2019-20, are under challenge. He argued that, the

impugned interim order renders, the writ petition redundant; and

therefore, that his clients are justified in approaching this Court.

3. Sri.T.K.Vipindas - the learned Senior Government

Pleader, in response, submitted that Ext.P10 makes it unequivocally

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clear that only those teachers who were in service between

01/06/2012 and the academic year 2019-20, would be eligible to

appear for the examination; and argued that, therefore, the

impugned order is without error.

4. We are afraid that we cannot find favour with the

aforesaid submissions of Sri.Vipindas because, the petitioner has

challenged Ext.P10 government order, which limits entitlement to

write the examination to those teachers who are in service between

01/06/2012 and the academic year 2019-20. Obviously, therefore,

this stipulation could not have been used as a sole reason to deny

the interim relief.

5. We are hence of the firm view that, in order to

ensure that the writ petition does not become infructuous by elapse

of time, the applications of the appellants ought to be directed to be

accepted, however provisionally, so that the learned Single Bench

can then decide their right to take the examinations before the due

date. We are sure that this course would sufficiently balance the

rival interests.

6. In the above circumstances, we allow this appeal

and set aside the impugned order. Consequently, the respondents

are directed to accept the applications of the petitioners and process

it provisionally. However, the entitlement of the petitioners to write

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the examinations would depend upon the further orders to be issued

by the learned Bench in the writ petition.

This appeal is thus ordered.

SD/-

DEVAN RAMACHANDRAN JUDGE

SD/-

P.V.BALAKRISHNAN JUDGE

2025:KER:32906

APPELLANTS ANNEXURES:-

Annexure 1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1 ST PETITIONER (JITHINRAJ.V) ON 15.04.2025

Annexure 2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER (ANUJITH V.BEV) ON 14.04.2025

Annexure 3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER (KRISHNA PRASAD P.) ON 14.04.2025

Annexure 4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH PETITIONER (NASEEMA P.K.) ON 11.04.2025

Annexure 5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER (RAIHANATH M) ON 14.04.2025

Annexure 6 TRUE COPY OF THE APPLICATIONS SUBMITTED BY THE 6TH PETITIONER (UMMUL HAREER P.T) ON 14.04.2025

Annexure 7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 7TH PETITIONER (SHIJILA K) ON 14.04.2025

Annexure 8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 8TH PETITIONER (SHYJA P.) ON 15.04.2025

Annexure 9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 9TH PETITIONER (SHIMYA K) ON 15.04.2025

Annexure 10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 10TH PETITIONER (JEENAMOL D) ON 15.04.2025

Annexure 11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 11TH PETITIONER (PRINCY VARGHESE) ON 13.04.2025

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Annexure 12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 12TH PETITIONER (SHIMMY MANUEL) ON 15.04.2025

Annexure 13 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 13TH PETITIONER (BINDHU S.R) ON 13.04.2025