Kerala High Court

Asharaf C.K vs The State Of Kerala on 5 June, 2025

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 20677 OF 2025
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                                                              2025:KER:39425

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR. JUSTICE D. K. SINGH

         THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947

                           WP(C) NO. 20677 OF 2025


PETITIONER:

              ASHARAF C.K.,
              AGED 51 YEARS
              S/O AHAMMED KUTTY, HSST(COMMERCE), MARKAZ BOYS HIGHER
              SECONDARY SCHOOL, KARANTHUR KOZHIKODE DISTRICT (UNDER ORDER
              OF TRANSFER TO AL FAROOQIA HIGHER SECONDARY SCHOOL,
              CHERANELLUR, ERNAKULAM DISTRICT) (RESIDING AT
              CHATHEMKUTTIYIL HOUSE, MAVOOR P.O., KOZHIKODE DISTRICT), PIN
              - 673571


              BY ADVS.
              SMT.P.A.JENZIA
              SRI.V.RAJASEKHARAN NAIR



RESPONDENTS:

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

     2        THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING),
              NEW BUILDINGS, ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN
              - 695014

     3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
              OFFICE OF THE RDD HSE KOZHIKODE, PIN - 673001

     4        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
              OFFICE OF THE RDD HSE, ERNAKULAM DISTRICT, PIN - 682011

     5        THE CORPORATE MANAGER,
              CORPORATE MANAGEMENT OF SCHOOLS, MARKAZU SAQUAFATHI
              SUNNIYYA, KARANTHUR, KOZHIKODE DISTRICT, PIN - 673571
 WP(C) NO. 20677 OF 2025
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                                                                   2025:KER:39425


     6      THE MANAGER,
            AL FAROOKIYA HSS, CHERANALLAOOOR, ERNAKULAM DISTRICT, PIN -
            682034

     7      SRI. BASHEER K.,
            MGHSS, KARANTHUR, KOZHIKODE DISTRICT ( UNDER ORDER OF
            TRANSFER TO MARKAZ BOYS HIGHER SECONDARY SCHOOL, KARANTHUR
            KOZHIKODE DISTRICT-, PIN - 673571

     8      THE PRINCIPAL,
            MARKAZ BOYS HIGHER SECONDARY SCHOOL, KARANTHUR KOZHIKODE
            DISTRICT, PIN - 673571

     9      THE PRINCIPAL,
            AL FAROOKIYA HSS, CHERANALLAOOOR, ERNAKULAM DISTRICT, PIN -
            682034

            PARVATHY KOTTOL-GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20677 OF 2025
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                                                      2025:KER:39425

                          JUDGMENT

Dated this the 5th day of June, 2025

The petitioner is a Higher Secondary School Teacher

(Commerce) working in Markaz Boys Higher Secondary

School, Karanthur, Kozhikode. As a result of the

integration of two educational agencies which run four

schools, including the petitioner's school, the petitioner

has been transferred to Al Farooqia HSS, Cheranellur,

Ernakulam. The petitioner has filed revisions before the

Government against the said decision of the integration

of the educational agencies and his transfer. The said

revisions are pending before the Government in Exts.P5

and P7. However, his revision against the integration is

not maintainable inasmuch as the petitioner does not

have the locus to challenge the integration of two or

more educational agencies. The petitioner is not holding

any office in the management of these schools, and he is

only an employee of the school and therefore, he does WP(C) NO. 20677 OF 2025

2025:KER:39425

not have any right to challenge the decision of the

Government regarding the integration of the two

educational agencies.

2. Considering the aforesaid facts, the present writ

petition is disposed of with a direction to the 1st

respondent to take final decision on pending decision in

Ext.P7, which has been preferred by the petitioner

against his transfer from Markaz Boys Higher

Secondary School, Karanthur, Kozhikode to Al Farooqia

HSS, Cheranellur, Ernakulam, expeditiously preferably

within two months in accordance with the law. Needless

to say, the petitioner shall be afforded an opportunity of

hearing before taking a final decision on the pending

revision in Ext.P7. The pendency of the revision before

the Government against the transfer order filed by the

petitioner will not be a ground for the petitioner not to

join the transferred place. If the petitioner fails to join

within the time stipulated for his joining, respondents WP(C) NO. 20677 OF 2025

2025:KER:39425

should be free to take appropriate disciplinary

proceedings against the petitioner, if it is so required.

With the aforesaid directions, the present writ

petition stands finally disposed of.

Sd/-

D.K. SINGH

JUDGE AP WP(C) NO. 20677 OF 2025

2025:KER:39425

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE ORDER GRANTING PROMOTION TO THE PETITIONER AS HSST(COMMERCE) VIDE ORDER NO. ACD. A4/11293/2013/K.DIS DATED 02.07..2014 OF THE RDD HSE, KOZHIKODE Exhibit P-2 TRUE COPY OF THE ORDER NO. EC3/89/2021/DGE DATED 30-12-2022 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION ALONG WITH ENGLISH TRANSLATION AND TYPED COPY Exhibit P-3 TRUE COPY OF THE LETTER NO B5/6651/2020/K.DIS DATED 27.02.2021 OF THE DEO, ERNAKULAM ADDRESSING THE CORPORATE MANAGER ALONG WITH ENGLISH TRANSLATION Exhibit P-4 TRUE COPY OF THE ORDER NO EM3/1188/20212 DGE DATED 31-05-2024OF THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION ALONG WITH ENGLISH TRANSLATION ExhibitP-5 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT CHALLENGING EXHIBIT P-4 ALONG WITH ENGLISH TRANSLATION Exhibit P-6 TRUE COPY OF THE PROCEEDINGS OF THE CORPORATE MANAGER VIDE ORDER NO. MAS 23/2025 DATED 28.05.2025 ALONG WITH TYPED COPY Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 31.05.2025 WITHOUT EXHIBITS