Ulliyeri Secondary School Committee vs The District Educational Officer
2025 Latest Caselaw 1851 Ker

Kerala High Court

Ulliyeri Secondary School Committee vs The District Educational Officer on 1 August, 2025

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

        FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947

                       WP(C) NO. 36970 OF 2022

PETITIONERS:

    1       ULLIYERI SECONDARY SCHOOL COMMITTEE
            ULLIYERI, KOYILANDY, KOZHIKODE DISTRICT, A SOCIETY REP.
            BY ITS PRESIDENT, VENUGOPALAN NAMBIAR, PIN - 673620

    2       ASHRAF
            AGED 52 YEARS
            S/O. POKKAR HAJI, KUNIYIL HOUSE, ULLIYERI AMSOM DESOM,
            KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673573

            BY ADVS.
            SHRI.K.P.SUDHEER
            SMT.ANJALI MENON

RESPONDENT:

            THE DISTRICT EDUCATIONAL OFFICER
            THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573

            BY GP - RIYAL DEVASSY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2025,    ALONG   WITH    WP(C).22387/2022,   THE   COURT   ON   THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.22387 & 36970 of 2022             -2-




                                                        2025:KER:57520


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947

                        WP(C) NO. 22387 OF 2022

PETITIONERS:

     1      ULLIYERI SECONDARY SCHOOL COMMITTEE
            AGED 52 YEARS
            ULLIYERI, KOYILANDY, KOZHIKODE DISTRICT, A SOCIETY
            REP. BY ITS PRESIDENT, ASHRAF, AGED 52 YEARS, S/O.
            POKKAR HAJI, KUNIYIL HOUSE, ULLIYERI AMSOM DESOM,
            KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673620

     2      ASHRAF
            AGED 52 YEARS
            MANAGER, PALORA HIGHER SECONDARY SCHOOL, ULLIYERI,
            KOYILANDY, KOZHIKODE DISTRICT, PIN - 673620

            BY ADVS.
            SHRI.K.P.SUDHEER
            SRI.P.K.SURESH KUMAR (SR.)
            SMT.ANJALI MENON


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
            DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

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

     3      REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
            EDUCATION
            REGIONAL DIRECTORATE OF HIGHER SECONDARY EDUCATION,
            KOZHIKODE, PIN - 673001
 WP(C) Nos.22387 & 36970 of 2022         -3-




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     4      THE DISTRICT EDUCTIONAL OFFICER
            THAMARASSERY, KOZHIKODE DISTRICT,, PIN - 673573

     5      CO - ORDINATOR
            ICT CELL (1ST YEAR ADMISSION), OFFICE OF THE
            DIRECTOR GENERAL OF EDUCATION, JAGATHY,
            THIRUVANANTHAPURAM, PIN - 695014

     6      V RAVEENDRAN NAIR
            AGED 69 YEARS
            AGED 69 YEARS, S/O. LATE RAGHAVAN NAMBIAR, VARIKKATT
            HOUSE, ULLIYERI, KOZHIKODE DISTRICT,, PIN - 673323

     7      VISWANATHAN NAIR
            S/O. SREEDHARAN NAIR, RESIDING AT ARATHI HOUSE,
            KUNNATHARA POST, KOYILANDY, KOZHIKODE DISTRICT, PIN
            - 673620

            BY ADVS.
            SHRI.K.B.PRADEEP
            SHRI.JEEVAN KRISHNAKUMAR
            GP - RIYAL DEVASSY

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.08.2025, ALONG WITH WP(C).36970/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.22387 & 36970 of 2022              -4-




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                                  JUDGMENT

Dated this the 1st day of August, 2025

In the above writ petitions Ext.P9 order in WP(C) No.36970 of

2022 was issued rejecting the approval of the appointment of the

Manager for the reason that WP(C) Nos.26283 of 2022 and 19254 of

2023 were pending consideration.

Now that these writ petitions are disposed of, I deem it

appropriate to dispose of these writ petitions setting aside Ext.P9

order in WP(C) No.36970 of 2022, directing the District Education

Officer, Kalamassery to reconsider the issue afresh after notice to

the petitioners and the petitioners in WP(C) Nos.26283 of 2022 and

19254 of 2023. Any fresh decision taken as per the direction issued

by this Court will be subject to the result of the election to be

conducted. Till a decision is taken as directed above the interim

order granted by this Court in WP(C) No.22387 of 2022 will continue

which shall be subject to the result of the election to be conducted.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

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APPENDIX OF WP(C) 22387/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF COMMON JUDGMENT DATED 27.7.2017 IN OP (CIVIL) NOS. 1564 AND 1598 OF 2017 AND WP(C) NO. 14281/2017 PASSED BY THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF G.O. (RT) NO. 538/2020/ G.EDN. DATED 29.01.2020 ISSUED BY JOINT SECRETARY FOR AND ON BEHALF OF THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 31.3.2021 IN WP(C) NO. 13160/2020 PASSED BY THIS HON'BLE COURT EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 31.3.2021 IN WP(C) NO. 6641/2021 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF ORDER NO. K. DIS. B3/ 224/2021 DATED 6.5.2021 ISSUED BY THE 4TH RESPONDENT EXHIBIT P6 :- TRUE COPY OF JUDGMENT DATED 12.10.2021 IN WP(C) NO. 12813 OF 2021 PASSED BY THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF NOTICE NO. EM3/12874/2021/ DGE DATED 15.1.2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF COUNTER AFFIDAVIT DATED 25.1.2022 FILED BY THE PETITIONERS EXCLUDING THE DOCUMENTS BEFORE THE 2ND RESPONDENT AND THE COVERING LETTER. EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 18.5.2022 IN O.S. NO. 6/2017 ON THE FILE OF THE MUNSIFF'S COURT, KOYILANDY.

EXHIBIT P10 TRUE COPY OF NOTICE DATED 29.6.2022 ISSUED BY THE 1ST PETITIONER.

EXHIBIT P11 TRUE COPIES OF THE POSTAL RECEIPTS EVIDENCING ISSUANCE OF NOTICE TO 18 MEMBERS OF THE SOCIETY.

EXHIBIT P12 TRUE COPY OF ORDER NO. B3/3140/2022 DATED 24.6.2022 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P13 TRUE COPY OF COMMUNICATION ISSUED BY TEAM SAMANWAYA INTIMATING THE DEACTIVATION OF THE TENURE OF THE 2ND PETITIONER. EXHIBIT P14 TRUE COPY OF LETTER NO. A4/ 3951/2022

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DATED 5.7.2022 ISSUED BY THE 3RD RESPONDENT TO THE PRINCIPAL OF PALORA HIGHER SECONDARY SCHOOL.

EXHIBIT P15 TRUE COPY OF ORDER DATED 18.7.2018 IN WP(C) NO. 23606/2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P16 :- TRUE COPY OF ORDER DATED 31.5.2019 IN I.A. NO. 3/2019 IN WP(C) NO. 17255/2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P17 TRUE COPY OF THE ORDER DATED 29.7.2020 IN I.A. NO. 1/2020 IN WP(C) NO. 17255/2018 PASSED BY THIS HON'BLE COURT.

RESPONDENT EXHIBITS

Exhibit R7 A TRUE COPY OF THE NOTICE DATED 29/6/2022 ISSUED BY THE 2ND PETITIONER.

Exhibit R7 B TRUE COPY OF THE COMPLAINT DATED 18/5/2022 SEND TO THE 4TH RESPONDENT.

Exhibit R7c TRUE COPY OF THE LETTER NOTICE 12/08/2022 BY RAMACHANDRAN NAIR AND 3 OTHERS ADDRESSED TO DEO, THAMARASSERY. PETITIONER EXHIBITS

EXHIBIT P 18 TRUE COPY OF THE SCREENSHOT TAKEN BY THE PETITIONER FROM THE WEBSITE OF THE DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA

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APPENDIX OF WP(C) 36970/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ORDER NO. K.DIS B3/224/2021 DATED 06/05/2021 ISSUED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 18.5.2022 IN O.S. NO. 6/2017 ON THE FILE OF THE MUNSIFF'S COURT, KOYILANDY.

EXHIBIT P3 TRUE COPY OF ORDER NO. B3/3140/2022 DATED 24/06/2022 ISSUED BY THE RESPONDENT. EXHIBIT P4 TRUE COPY OF APPLICATION DATED 17/07/2022 SUBMITTED BY THE SECRETARY OF THE FIRST PETITIONER SOCIETY TO THE RESPONDENT EXHIBIT P 5 TRUE COPY OF REMINDER DATED 10/06/2024 SUBMITTED BY THE 2ND PETITIONER TO THE RESPONDENT EXHIBIT P 6 TRUE COPY OF ORDER NO. M3/12871/DGE DATED 30/06/2023 THE ISSUED BY THE DIRECTOR GENERAL OF EDUCATION, GOVERNMENT OF KERALA.

EXHIBIT P 7 TRUE COPY OF NOTICE BEARING NO.

DEOTSY/1251/2024-B3 DATED 20/06/2024 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER AND TWO OTHERS NAMELY V. RAVEENDRAN NAIR AND VISWANATHAN NAIR. EXHIBIT P 8 TRUE COPY OF ARGUMENT NOTES DATED 27/06/2024 WITHOUT THE EXHIBITS. EXHIBIT P 9 A TRUE COPY OF ORDER NO. B3-1251/24 DATED 27.7.2024 ISSUED BY THE RESPONDENT