Greeshmalatha M.R vs State Of Kerala
2025 Latest Caselaw 4607 Ker

Kerala High Court

Greeshmalatha M.R vs State Of Kerala on 28 February, 2025

                                       1
W.P(C) No.13103 of 2020
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                          WP(C) NO.13103 OF 2020


PETITIONER:

              SUNITHA NAIR D., AGED 49 YEARS,
              W/O.A.SREEKUMAR, L.P.S.A. (PROTECTED TEACHER),
              S.V.MODEL L.P.S., AREEKKAL BHAGOM, VENDAR P.O.,
              KOLLAM-691507.


              BY ADV.S.M.PRASANTH


RESPONDENTS:

    1         STATE OF KERALA, REPRESENTED BY SECRETARY TO
              THE DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

    2         THE DIRECTOR OF GENERAL EDUCATION,
              OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY P.O., THIRUVANANTHAPURAM-695014.

    3         DEPUTY DIRECTOR OF EDUCATION,
              OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
              KOLLAM-ELAMBALLOOR ROAD, THEVALLY NAGAR, PALACE NAGAR,
              THEVALLY P.O., KOLLAM, KERALA-691009.

    4         ASSISTANT EDUCATIONAL OFFICER,
              OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
              KACHERI JUNCTION, KOTTARAKKARA P.O., KOLLAM-691506.

    5         MANAGER, S.V.MODEL L.P.S., AREEKKAL BHAGOM,
              VENDAR P.O., KOLLAM-691507.
                                  2
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    6      SANTHA KUMARI AMMA A., THIRUVATHIRA, VENDAR P.O.,
           PIN-691507, KOTTARAKARA, KOLLAM.

    7      AJITHA KUMARI S., L.P.S.A., S.V. MODEL L.P.S.,
           AREEKKAL BHAGOM, VENDAR P.O., KOLLAM-691507.

 ADDL.R8   USHAKUMARI D., L.P.S.A., S.V.MODEL L.P.S.,
           AREEKKAL BHAGOM, VENDAR P.O., KOLLAM -691507.

           (ADDL.R8 IS IMPLEADED AS PER ORDER DATED 06.02.2025 IN
           I.A.NO.5 OF 2021)


           BY SENIOR GOVERNMENT PLEADER, SRI.ANTONY MUKKATH
           SRI.P.B.SAHASRANAMAN
           SRI.T.S.HARIKUMAR


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2025,
ALONG WITH WP(C).24328/2023 AND CONNECTED CASES, THE COURT ON
28.02.2025 DELIVERED THE FOLLOWING:
                                       3
W.P(C) No.13103 of 2020
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                         WP(C) NO. 24328 OF 2023


PETITIONER:

              GREESHMALATHA M.R., AGED 54 YEARS,
              D/O P. GOVINDAN, LPST (SELECTION GRADE),
              RAMAGURU U.P. SCHOOL, PUZHATHI, CHIRACKKAL P.O.,
              KANNUR DISTRICT, PIN - 670011.


              BY ADVS.
              P.M.PAREETH
              AISWARYA VENUGOPAL
              NAJEEB P.S


RESPONDENTS:

    1         STATE OF KERALA , REPRESENTED BY CHIEF SECRETARY TO
              GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

    2         SECRETARY TO GOVERNMENT
              GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

    3         DIRECTOR OF GENERAL EDUCATION
              JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.

    4         DISTRICT EDUCATIONAL OFFICER
              CIVIL STATION, KANNUR DISTRICT, PIN - 670002.

    5         ASSISTANT EDUCATIONAL OFFICER
              PAPPINISSERY, KANNUR DISTRICT, PIN - 670561.
                                  4
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    6     MANAGER, RAMAGURU U.P. SCHOOL, PUZHATHI
          CHIRACKKAL P.O., KANNUR DISTRICT, PIN - 670011.

    7     DHANALAKSHMI K.P., LPST (WORKING AS UNAPPROVED
          HEADMISTRESS), RAMAGURU U.P. SCHOOL, PUZHATHI,
          CHIRACKKAL P.O., KANNUR DISTRICT, PIN - 670011.

    8     REGIONAL DIRECTOR, SOUTHERN REGIONAL COMMITTEE,
          NATIONAL COUNCIL FOR TEACHER EDUCATION,
          NAGARBHAVIJANABHARATHI CAMPUS ROAD,
          OPPOSITE NATIONAL LAW SCHOOL, BANGALORE,
          PIN - 570072.

          BY ADVS.
          VINOD KUMAR P
          S M PRASANTH
          ABRAHAM P.MEACHINKARA
          BY SENIOR GOVERNMENT PLEADER, SRI.ANTONY MUKKATH

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2025,
ALONG WITH WP(C) NO.13103/2020 AND CONNECTED CASES, THE COURT ON
28.02.2025 DELIVERED THE FOLLOWING:
                                     5
W.P(C) No.13103 of 2020
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                          WP(C) NO.39748 OF 2022


PETITIONER:

              DHANALAKSHMI K.P., AGED 51 YEARS,
              W/O. VASUDEVAN K. O., HEADMISTRESS, RAMAGURU UP SCHOOL,
              PUZHATHI CHIRAKKAL, KANNUR- 670011. RESIDING AT VARNAM,
              VESALA, CHATTUKAPPARA P.O., KANNUR- 670592.

              BY ADVS.
              S.M.PRASANTH
              K.BALAKRISHNAN


RESPONDENTS:

    1         STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
              THE DEPARTMENT OF GENERAL EDUCATION,
              THIRUVANANTHAPURAM -695001.

    2         THE DIRECTOR OF GENERAL EDUCATION,
              VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.

    3         THE DISTRICT EDUCATIONAL OFFICER,
              CIVIL STATION, KANNUR - 670002.

    4         THE ASSISTANT EDUCATIONAL OFFICER,
              PAPPINISSERY, KANNUR - 670561.

    5         THE MANAGER, RAMAGURU AUP SCHOOL,
              PUZHATHI CHIRAKKAL, KANNUR- 670011.

    6         SMT.GREESHMALATHA M.R.,
              RAMAGURU AUP SCHOOL, PUZHATHI CHIRAKKAL,
              KANNUR- 670011.
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W.P(C) No.13103 of 2020
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          BY ADVS.
          VINOD KUMAR POOVATHUMMOOTTIL
          P.M.PAREETH
          AISWARYA VENUGOPAL(K/755/2020)
          NAJEEB P.S(K/328/2020)
          BY SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2025,
ALONG WITH WP(C).13103/2020 AND CONNECTED CASES, THE COURT ON
28.02.2025 DELIVERED THE FOLLOWING:
                                        7
W.P(C) No.13103 of 2020
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                          WP(C) NO.40214 OF 2022


PETITIONER:

              DINESHKUMAR T.K., AGED 48 YEARS,
              S/O.KUNJIRAMAN NAIR, HEADMASTER, MATTANODE AUP SCHOOL,
              MATTANODE P. O., KOZHIKODE - 673 527, RESIDING AT
              THARATH HOUSE, MATTANODE P. O., KOZHIKODE - 673 527.


              BY ADV.S.M.PRASANTH


RESPONDENTS:

    1         THE STATE OF KERALA, REPRESENTED BY THE
              SECRETARY TO THE DEPARTMENT OF GENERAL EDUCATION,
              THIRUVANANTHAPURAM -695001.

    2         THE DIRECTOR OF GENERAL EDUCATION,
              VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.

    3         THE DISTRICT EDUCATIONAL OFFICER,
              CIVIL STATION, KOZHIKODE -673020.

    4         THE ASSISTANT EDUCATIONAL OFFICER,
              PERAMBRA, KOZHIKODE - 673525.

    5         THE MANAGER, MATTANODE AUP SCHOOL,
              PATTANODE P.O., KOZHIKODE - 673 527.

    6         SAJEEVAN K., UPST, MATTANODE AUP SCHOOL,
              PATTANODE P.O., KOZHIKODE - 673 527.
                                  8
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          BY K.RAKESH ROSHAN
          THUSHARA.V
          BY SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2025,
ALONG WITH WP(C).13103/2020 AND CONNECTED CASES, THE COURT ON
28.02.2025 DELIVERED THE FOLLOWING:
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                           JUDGMENT

[WP(C) Nos.13103/2020, 24328/2023,

39748/2022, and 40214/2022]

These writ petitions have been filed challenging the

amendment to Rule 18(1) of the Kerala Right of Children to

Free and Compulsory Education Rules, 2011 (hereinafter

referred to as 'the Rules'), insofar as it exempts Headmasters

who have crossed 50 years of age from acquiring the test

qualifications.

2. I have heard the learned counsel for the petitioners

and the learned Government Pleader.

3. The issues raised in these writ petitions have already

been considered by this Court in W.P(C) No.34092 of 2019

and connected cases and by judgment dated 27.02.2025, it

is held as under:-

"On the whole, these writ petitions would stand disposed of by holding that the amendment brought through S.R.O.No.898/2020 and S.R.O.No.18/2021 would only

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have prospective operation. The official respondents in these writ petitions to pass appropriate orders with respect to the respective parties in these writ petitions in the light of the afore declaration within a period of four weeks from today."

Therefore, these writ petitions are disposed of in terms

of the judgment dated 27.02.2025 in W.P(C) No.34092 of

2019 and connected cases.

Sd/-

                                         HARISANKAR V. MENON
                                                   JUDGE
   ln


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                    APPENDIX OF WP(C) 24328/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1    A TRUE PHOTOCOPY OF THE REQUEST DATED

15-01-2020 SUBMITTED BY THE PETITIONER BEFORE THE SIXTH RESPONDENT

EXHIBIT P2 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 01-04-2020 ISSUED BY THE SIXTH RESPONDENT APPOINTING THE SEVENTH RESPONDENT AS HEADMISTRESS OF THE SCHOOL

EXHIBIT P3 A TRUE PHOTOCOPY OF THE APPEAL DATED 11-05-2020 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT

EXHIBIT P4 A TRUE PHOTOCOPY OF THE ORDER DATED 29-09-2021 ISSUED BY THE FIFTH RESPONDENT RECEIVED BY THE PETITIONER ON 10-11-2021

EXHIBIT P5 A TRUE PHOTOCOPY OF THE CIRCULAR NO.

J1/01/21/GEDN DATED 27-11-2022 ISSUED BY THE SECOND RESPONDENT

EXHIBIT P6 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 08-12-2022 SUBMITTED BEFORE THE FIFTH RESPONDENT

EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 08-12-2022 SUBMITTED BEFORE THE SIXTH RESPONDENT

EXHIBIT P8 A TRUE PHOTOCOPY OF THE ORDER DATED 17-12-2022 ISSUED BY THE SIXTH RESPONDENT TO THE PETITIONER

EXHIBIT P9 A TRUE PHOTOCOPY OF THE NOTIFICATION DATED 31-03-2010 PUBLISHED IN GAZETTE OF INDIA EXTRAORDINARY DATED 05-04-2010

EXHIBIT P10 A TRUE PHOTOCOPY OF THE NOTIFICATION DATED 23-08-2010 ISSUED BY THE NCTE AND PUBLISHED IN

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GAZETTE OF INDIA EXTRAORDINARY DATED 25-08-2010

EXHIBIT P11 A TRUE PHOTOCOPY OF THE GOP NO. 16/2018/GEDN DATED 09-07-2018

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APPENDIX OF WP(C) 39748/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.4.2020.

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S CERTIFICATES BEARING NO. 0016030 DATED 8.10.2014 SHOWING THE CLEARING OF DEPARTMENTAL TESTS.

EXHIBIT P2(A) TRUE COPY OF THE PETITIONER'S CERTIFICATES BEARING NOS.0023414 DATED 20.1.2015, SHOWING THE CLEARING OF DEPARTMENTAL TESTS.

EXHIBIT 2(B) TRUE COPY OF THE PETITIONER'S CERTIFICATES BEARING NO. 0023415 DATED 20.1.2015 SHOWING THE CLEARING OF DEPARTMENTAL TESTS.

EXHIBIT P3 TRUE COPY OF THE REJECTION ORDER NO.F/3289/2020 DATED 15.9.2020 OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REJECTION ORDER NO.B5/193260/2020 DATED 18.11.2020.

EXHIBIT P5 TRUE COPY OF THE REJECTION ORDER NO.KDIS/ F/ 1108/ 2020 DATED 29.9.2021 OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REJECTION ORDER NO.F31178/2022 DATED 30.11.2022 OF THE OF THE 4TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 17.07.2020 IN SLP NO. 12306 OF 2020

EXHIBIT P8 TRUE COPY OF THE G. O. (P) NO. 19/2020/G.EDN DATED 23.12.2020 OF THE KERALA RIGHT TO EDUCATION ACT AND RULES RULE 18(1) OF THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011.

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EXHIBIT P9     TRUE COPY OF THE G.O. (P) NO. 1/2021/G.EDN
               DATED 05.01.2021.

EXHIBIT P10    TRUE COPY OF THE INTERIM ORDER DATED 4.1.2021
               IN O.A.2068 OF 2020 BY THE KERALA

ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN O. P.(KAT) NO.16 OF 2021 AND CONNECTED CASES DATED 5.12.2021

EXHIBIT P12 TRUE COPY OF THE CIRCULAR DATED 27.11.2022.

EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 23.09.2021 IN W. P. (C) NO. 19770 OF 2021 OF THIS HON'BLE COURT.

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APPENDIX OF WP(C) 40214/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.10.2022.

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S CERTIFICATE BEARING NO.2282/2000 DATED 25.1.2000 SHOWING THE CLEARING OF DEPARTMENTAL TESTS.

EXHIBIT P2 A TRUE COPY OF THE PETITIONER'S CERTIFICATE BEARING NO.0146191 DATED 4.5.2021 SHOWING THE CLEARING OF DEPARTMENTAL TESTS.

EXHIBIT P3 TRUE COPY OF CIRCULAR NO. J1/01/21/G.EDN DATED 27.11.2022 ISSUED BY THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17.07.2020 IN SLP NO. 12306 OF 2020.

EXHIBIT P5 TRUE COPY OF THE G. O.(P) NO. 19/2020/G.EDN DATED 23.12.2020 OF RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011.

EXHIBIT P6 TRUE COPY OF THE G.O. (P) NO. 1/2021/G.EDN 05.01.2021 ISSUED BY THE GOVERNMENT.

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 4.1.2021 IN O.A.2068 OF 2020 BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXHIBIT P8 TRUE COPY OF THE IN O. P. (KAT) NO.16 OF 2021 AND CONNECTED CASES DATED 05.07.2021 OF THIS HON'BLE COURT.

EXHIBIT P9 TRUE COPY OF THE G. O. (RT) NO. 7559/2022/GEDN DATED 02.12.2022 ISSUED BY THE GOVERNMENT.

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APPENDIX OF WP(C) 13103/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE HAVING ID:96514 ISSUED TO PETITIONER BY THE PUBLIC SERVICE COMMISSION DATED 8.8.2019.

EXHIBIT P1(A) TRUE COPY OF THE CERTIFICATE HAVING ID:96514 ISSUED TO PETITIONER BY THE PUBLIC SERVICE COMMISSION DATED 8.8.2019.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 17.2.2020 SUBMITTED BY PETITIONER TO 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15.4.2020 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT MANAGER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15.4.2020 SUBMITTED BY PETITIONER BEFORE THE 5TH RESPONDENT MANAGER.

EXHIBIT P5 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF TEACHERS IN THE PETITIONER'S SCHOOL PUBLISHED BY THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.12838/2020 DATED 10.6.2020 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 11.08.2020 ISSUED BY 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 13.01.2021 ISSUED BY 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE 6TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13.01.2021 ISSUED BY 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE 7TH RESPONDENT.

EXHIBIT P10     TRUE COPY OF THE AMENDMENT TO THE RULES BY


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SUBSTITUTING THE FIRST PROVISO TO RULE 18(1) BY G.O.(P) NO.19/2020/G.EDN DATED 23.12.2020.

EXHIBIT P11 TRUE COPY OF THE AMENDMENT TO THE RULES BY G.O.(P) NO.1/2021/G.EDN ON 05.01.2021.