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K.P.Ravikumar vs State Of Kerala
2025 Latest Caselaw 6863 Ker

Citation : 2025 Latest Caselaw 6863 Ker
Judgement Date : 18 June, 2025

Kerala High Court

K.P.Ravikumar vs State Of Kerala on 18 June, 2025

                                                                   2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

                                       :1:



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
                                WP(C) NO. 2164 OF 2021
PETITIONER:
               K.P.RAVIKUMAR
               AGED 68 YEARS
               MANAGER, SREE NARAYANA TEACHERS TRAINING INSTITUTE,
               CHERUTHURUTHY, THRISSUR DISTRICT.

               BY ADV SHRI.P.C.SASIDHARAN

RESPONDENTS:
     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION
               DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
               THIRUVANANTHAPURAM - 695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680
               001.

      4        ADDL. SOUMINI G
               W/O.MOHANAN K.R., AGED 54 YEARS, KRISHNAPRIYA, MINALOOR,
               ATHANI P.O., THRISSUR DISTRICT.
               [ADDL.R4 IS IMPLEADED AS PER ORDER DATED 10.12.2021 IN
               I.A.1/2021 IN WP(C)2164/2021.]

               BY ADV SHRI.U.BALAGANGADHARAN
               GOVT.PLEADER -SMT. NIMA JACOB

       THIS    WRIT     PETITION    (CIVIL)     HAVING    BEEN   FINALLY   HEARD   ON

18.06.2025,     ALONG    WITH   WP(C)NO.18201/2022       AND CONNECTED CASES,      THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                    2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

                                       :2:



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
                                WP(C) NO. 12745 OF 2021
PETITIONER:
               SOUMINI. G
               AGED 54 YEARS
               W/O. MOHAN K.R., KRISHNAPRIYA, MINALOOR, ATHANI POST,
               THRISSUR DISTRICT.

               BY ADV SHRI.U.BALAGANGADHARAN

RESPONDENTS:
     1      STATE OF KERALA
            REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHI P.O., THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, AYANTHOL P.O., THRISSUR, PIN-680003.

      4        DISTRICT EDUCATIONAL OFFICER,
               CHAVAKKAD P.O., THRISSUR DISTRICT, PIN-680506.

      5        MANAGER,
               SREE NARAYANA TEACHER TRAINING INSTITUTE (SNTTI),
               CHERUTHURUTHY P.O., THRISSUR DISTRICT, PIN-679121.


               BY ADVS. GOVERNMENT PLEADER SMT.NIMA JACOB
               SHRI.P.C.SASIDHARAN

       THIS    WRIT     PETITION    (CIVIL)     HAVING    BEEN   FINALLY   HEARD   ON

18.06.2025,     ALONG    WITH    WP(C)NO.18201/2022      AND CONNECTED CASES,      THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

                                       :3:


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
                              WP(C) NO. 18201 OF 2022
PETITIONERS:
      1        THE MANAGER,
               SREE NARAYANA TEACHERS' TRAINING INSTITUTE,
               CHERUTHURUTHY.P.O, THRISSUR DISTRICT. PIN- 679121

      2        UNNI.K.P,
               HEAD MASTER, SREE NARAYANA TEACHERS' TRAINING INSTITUTE,
               CHERUTHURUTHY.P.O, THRISSUR DISTRICT. PIN- 679121 2.


               BY ADV SHRI.P.C.SASIDHARAN

RESPONDENTS:
     1      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHI.P.O,
               THIRUVANANTHAPURAM-695014

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,
               AYYANTHOLE.P.O, THRISSUR-680 003.

      4        DISTRICT EDUCATIONAL OFFICER,
               CHAVAKKAD.P.O, THRISSUR DISTRICT PIN: 680 506.

      5        SOUMINI.G,
               W/O MOHAN.K.R, "KRISHNAPRIYA", MINALOOR, ATHANI POST,
               THRISSUR DISTRICT. 683585
                                                                    2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

                                       :4:


              BY ADVS.
              GOVERNMENT PLEADER
              SHRI.U.BALAGANGADHARAN



OTHER PRESENT:

              GP- NIMA JACOB


       THIS   WRIT    PETITION    (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON

18.06.2025, ALONG WITH WP(C)NOS.2164/2021 AND 12745/2021, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

                                       :5:


                        VIJU ABRAHAM, J.
        -- -- -- -- -- -- -- -- -- -- -- -- --
       W.P.(C) Nos.2164 & 12745 of 2021 and 18201 of 2022
        -- -- -- -- -- -- -- -- -- -- -- -- --
                Dated this the 18th day of June, 2025

                                    JUDGMENT

The learned counsel appearing for the petitioner would

submit that in view of the intervening development, nothing

survives in this writ petition and may be closed.

2. Accordingly, the writ petition is closed.

3. The 1st petitioner is the Manager of a teachers training

institute and the 2nd petitioner is its Headmaster. The 5 th

respondent while working as a Training School Assistant in

Mathematics, was dismissed from service on 03.01.2000, on the

ground that she was convicted for having involved in a Visa fraud

case, promising to give employment. The trial court convicted the

5th respondent and since the Manager on being satisfied that the

continuance of a teacher convicted in a fake Visa case cannot be 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

permitted, dismissed her from service. The case was taken in

appeal before the Sessions Court and the order of the trial court

was confirmed. In revision, this Court by extending the benefit of

doubt, acquitted the accused, the 5 th respondent in this case. After

the acquittal, the 5th respondent claimed reinstatement and

approached this Court filing W.P.(C)No.8640/2008. She has also

approached the Government and the Government ordered to

reinstate her in service, which was challenged by the Manager in

W.P(C) No.28764/2009. It is the case of the petitioners that the

vacancy which arose consequent to the dismissal of the 5 th

respondent was filled up by the Manager after a period of one year

and appointment was approved by the educational authorities as

well and the subsequent vacancies which arose in the school were

filled up by the Manager in accordance with law, which was also

approved by the department without any reservation. Ultimately

both the writ petitions filed by the 1 st petitioner - Manager and the

5th respondent (W.P(C)Nos.8640/2008 and 28764/2009) were heard

by this Court and by Ext.P1 judgment dated 20.10.2017 disposed of 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

the same with a direction to the Government to create a

supernumerary post for accommodating the 5 th respondent, which

was issued taking note of Note 4 of Rule 56 B of Chapter VII of Part

I KSR. The Court while issuing Ext.P1 also took note of the fact

that the teacher appointed in the vacancy caused consequent to the

dismissal of the 5th respondent is continuing in the institute for the

last 17 years and that he cannot be displaced and only possible way

to accommodate the 5th respondent is by creating a supernumerary

post. The 5th respondent filed appeals before this Court and the

matter was considered by the Court and by Ext.P2 common

judgment both the appeals were dismissed. In Ext.P2 also, the

Division Bench of this Court had arrived at a finding that, the

provisions of Keraal Service Rules clearly applies to the factual

situation of the case and that since the teacher was dismissed from

service and she could not be reinstated within one year on account

of the conviction she was suffering during the relevant period, the

appointment of another person in that substantive vacancy cannot

be termed as provisional appointment and it has to be treated as a 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

permanent appointment. Thereafter the Deputy Director of

Education issued Ext.P3 letter to the Headmaster of the Training

Institute to make available the details regarding appointments,

etc., to which Ext.P4 reply was given by the Headmaster. While so

the 1st respondent issued Ext.P5 order dated 09.11.2020 directing

the 2nd respondent to take steps to create supernumerary post to

accommodate the 5th respondent and further held that on creation

of the supernumerary post, the financial commitment arising out of

such post creation shall be recovered from the Manager and the

teachers who were appointed to the vacancy caused consequent to

the dismissal of the 5 th respondent and also from the educational

officer who granted approval of appointment of the 2 nd petitioner,

who was appointed in the place of the 5 th respondent consequent

to her dismissal from service. The said order was challenged by the

1st petitioner filing W.P(C)No.2164/2021 and this Court was

pleased to issue an interim order staying Ext.P5 order. While so,

the Government issued a further order dated 24.05.2022, copy of

which is produced as Ext.P6, holding that there is no provision to 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

create a supernumerary post in aided school and that since there is

no post of Training School Assistant (Mathematics) available in the

school, and since the 5th respondent got the qualification of M.A

Sociology with B.Ed, she should be accommodated in the post of

Headmaster of the school, reverting the 2 nd petitioner and on

failure to do so, proceedings will be initiated against the Manager.

It is also submitted that Ext.P6 order was issued in terms of the

judgment issued in W.P(C) No.8640/2008. The petitioners would

contend that the 5th respondent was not in service right from

03.01.2000 onwards and after one year the 2 nd petitioner was

appointed, which was approved by the educational authorities as

well. The petitioners would further contend that the only direction

issued by this Court was to create a supernumerary post in the

cadre of Training School Assistant and the seniority in the school

depends upon the continuous service and not otherwise. The 2 nd

petitioner was appointed as a Training School Assistant on

10.01.2001 and promoted to the post of Headmaster on 01.04.2020

and this Court categorically held that the appointment of the 2 nd 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

petitioner as Training School Assistant shall not be touched and

only right given to the 5 th respondent is that a supernumerary post

is to be created to accommodate her. It is also contended that the

finding in the Government Order that if the 5 th respondent had

continued as a teacher, she could have been promoted as

Headmaster since the 2nd petitioner is junior to her in service is

also incorrect. While so the Government issued a fresh order,

produced as Ext.P7, recalling Ext.P6 order directing to revert the

2nd petitioner from the post of Headmaster and to appoint the 5 th

respondent in his place. It is contended that the issuance of Ext.P7

order by the Government without creating a supernumerary post is

absolutely without any basis as the directions issued by this Court

in Exts.P1 and P2 has become final. It is incumbent on the part of

the Government to create a supernumerary post, if they so desires

to accommodate the 5th respondent and that no supernumerary

post is created till date. It is further submitted that the 5 th

respondent was terminated from service in 2000 and she is not in

active service. Further, she was gainfully employed in another 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

Teachers Training Institute as Principal, ie., MOTTI, Perimbilavu,

Kunnamkulam as evident from Exts.P8 and P9. Without being in

any active service in the school under the 1 st respondent, she

cannot claim any seniority and that the criteria for reckoning

seniority is continuous service, going by Rule 37 of Chapter XIV A

KER. It is aggrieved by Ext.P7 order that the present writ petition

has been filed.

4. The above writ petition has been filed by the 5 th respondent

in W.P.(C)No.18201 of 2022 seeking a direction to the 5 th

respondent - Manager herein to implement Ext.P6 order of

reinstatement within a time limit. The petitioner would contend

that since she was acquitted of all criminal charges, she is entitled

for reinstatement in service. Even though a direction was issued as

per Ext.P6, the Manager did not take any steps to implement the

same. The petitioner would submit that if she was permitted to

continue in service, she would have been promoted as

Headmistress as she is senior to the 2 nd petitioner in W.P. 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

(C)No.18201 of 2022. Only for the latches on the part of the 5 th

respondent Manager, the petitioner is put to serious prejudice as

no retirement benefits have been granted to her though she has

already attained the age of superannuation.

5. The Government have filed a detailed counter affidavit

wherein it is contended that while examining to create a

supernumerary post to accommodate the 5th respondent in W.P.

(C)No.18201 of 2022, existence of a vacancy of the Headmistress of

the school which arose on 31.03.2020 was noted and found that the

Manager has appointed the 2nd petitioner without considering the

claim of the 5th respondent. Since there existed one vacancy as on

01.04.2020 to accommodate the 5 th respondent without creating a

supernumerary post, Government issued a direction to the 1 st

respondent to reinstate the 5th respondent in the vacancy of

Headmistress. It is further contended that the 5th respondent was

dismissed from service by the Manager for the involvement in a

criminal case. Though the 5th respondent was acquitted from the

criminal case, the Manager was not willing to reinstate her. It is in 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

the said circumstances that the impugned order Ext.P7 was issued

and therefore no interference of this Court is called for.

6. I have heard the rival contentions on both sides.

7. The 5th respondent in W.P.(C)No.18201 of 2022 (the

petitioner in W.P.(C)No.12745 of 2021) was dismissed from service

on 03.01.2000 consequent to her conviction in a criminal case.

Later she was acquitted by the revisional court by extending the

benefit of doubt. On a request made by the 5 th respondent, the

Government issued order directing to reinstate her in service,

which was challenged by the Manager filing W.P.(C)No.28764 of

2009. The said writ petition along with the writ petition filed by the

5th respondent as W.P.(C) No.8640 of 2008 seeking reinstatement

in service were heard together and disposed of as per Ext.P1

judgment. Paragraph 7 of the said judgment reads as follows:

"7. In the light of Note-4 as above, if the substantive vacancy now being manned by a valid appointment, Smt.Soumini can be reinstated in a supernumerary post to be created. The Manager's case is that there is no other vacancy. Therefore, the order of the Deputy Director of Education, which has been affirmed by the Government can be implemented only by way of creating a supernumerary post by accommodating Smt.Soumini. It is to be 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

noted that Sri.Unni K.P. and the teacher appointed in the vacancy of Sri.Unni K.P. will be displaced if the order is given effect without creating a supernumerary post to accommodate Smt.Soumini. They were continuing for last more than 17 years. The approval was given by the Department without any reservation as to the claim of Smt.Soumini. In such circumstances, the only possible way to accommodate Smt.Soumini is by creating a supernumerary post. Thus, both the writ petitions are disposed of by the following directions:

i. The decision of the Deputy Director Education to reinstate Smt.Soumini which was affirmed by the Government shall be implemented by creating a supernumerary post. ii. Needful shall be done by the Government to implement the order of reinstatement by creating a supernumerary post within a period of two months from the date of receipt of a copy of this judgment.

iii. The claim for the service benefit of Smt.Soumini is left open."

(underline supplied)

This Court after hearing the rival contentions held that order of

reinstatement issued by the Government can be implemented only

by way of creating a supernumerary post to accommodate the 5 th

respondent. It is also found by this Court that the 2 nd petitioner in

W.P.(C)No.18201 of 2022, who was appointed to the vacancy of the

5th respondent, will have to be displaced if the order is given effect

without creating a supernumerary post to accommodate the 5 th 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

respondent and that the 2nd petitioner is continuing in service for

more than 17 years and appointment was given by the Department

without any reservation as to the claim of the 5 th respondent. It is

taking note of these factual situation that the Court directed that

the only way to accommodate the 5th respondent is by creating a

supernumerary post and therefore, directed the Government to do

so. The appeals preferred by the 5 th respondent culminated in

Ext.P2 judgment. In Ext.P2 also there is a finding to the effect that

the 5th respondent who was dismissed from service could not be

reinstated within one year on account of conviction and therefore,

the appointment of another person in that substantive vacancy ie.,

the appointment of the 2nd petitioner, cannot be termed as a

provisional appointment and it has to be treated as a permanent

appointment. Holding so the Division Bench of this Court

confirmed the direction of the learned Single Judge in Ext.P1

judgment to create a supernumerary post to accommodate the 5 th

respondent. The Government ultimately issued Ext.P5 order

directing the 2nd respondent to create a supernumerary post to 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

accommodate the 5th respondent and further held that on creation

of the supernumerary post, the financial commitment arising out of

such post creation, shall be recovered from the Manager and the

teachers who were appointed to the vacancy caused consequent to

the dismissal of the 5 th respondent and also from the educational

officer who granted approval of appointment of the 2 nd petitioner

proportionately. Ext.P5 is issued in clear violation of Exts.P1 and

P2 judgments of this Court, wherein it was conclusively found that

the substantive vacancy is now being manned by valid appointment

and the 5th respondent can be reinstated only in a supernumerary

post to be created and that the appointment of the 2 nd petitioner to

a substantive vacancy cannot be treated as a provisional

appointment and it has to be treated as a permanent appointment.

The direction in Ext.P5 making the petitioners and the officer of

the Education Department liable for the financial commitment on

creating supernumerary post is clear violation of the directions and

findings in Exts.P1 and P2 judgments, which has become final.

Later Ext.P5 order was modified. The Government issued Ext.P6 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

holding that there is no provision to create a supernumerary post

in an aided school and the 5th respondent should be accommodated

to the post of Headmistress of the school reverting the 2 nd

petitioner and in failure to do so, proceedings should be issued

against the Manager. This Court is of the view that the finding that

there is no provision to create supernumerary post in an aided

school cannot be accepted, in the light of Exts.P1 and P2 wherein

this Court has issued orders to create supernumerary post to

accommodate the 5th respondent. The findings in Ext.P6 that there

is no provision to create supernumerary post in an aided school,

when Exts.P1 and P2 has become final, it is nothing but willful

violation of the directions issued by this Court. Later the

Government has passed Ext.P7 in the place of Ext.P6 order,

ordering to revert the 2 nd petitioner from the post of Headmaster

and appointing the 5th respondent in his place. I am of the opinion

that Exts.P5, P6 an P7 orders are issued not in accordance with the

findings and directions of this Court as per Exts.P1 and P2, which

has become final. The 5th respondent was dismissed from service in 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

2000 and a perusal of Exts.P8 and P9 would reveal that she has

been working as Principal from 2004 onwards in another Teacher

Training Institute, ie., MOTTI, Perimbilavu, Kunnamkulam. The

said aspect that the 5th respondent in W.P.(C)No.18201 of 2022 was

gainfully employed is not stated by her in the writ petition filed by

her as W.P.(C)No.12745 of 2021. Admittedly the 5 th respondent has

attained the age of superannuation on 31st October 2022.

8. There is a specific finding in Exts.P1 and P2 to the effect

that the appointment of the 2nd petitioner is to a substantive

vacancy which is manned by a valid appointment and therefore the

5th respondent could be reinstated only if a supernumerary post is

created. There is a further finding in Ext.P1 that the 2 nd petitioner

and the teacher who is appointed in the place of the 2 nd petitioner

will have to be displaced if an order is given to reinstate the 5 th

respondent without creating supernumerary post, taking note of

the fact that the 2nd petitioner was continued for more than 17

years and the approval by the Department was without any

reservation as to the claim of the 5 th respondent. A similar view 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

was also taken by the Division Bench of this Court in Ext.P2

wherein a specific finding was entered into to the effect that the

appointment of the 2nd petitioner, which is to a substantive vacancy

cannot be treated as a provisional appointment and the

appointment has to be treated as a permanent appointment.

Admittedly the seniority is determined on the basis of Rule 37 of

Chapter XIV A KER. Rule 37 of Chapter XIV A KER mandates that

seniority of a teacher in any grade in any unit shall be decided with

reference to the length of continuous service in that grade in that

unit provided he is duly qualified for the post. After having issued

a specific direction to the Government in Exts.P1 and P2 to create a

supernumerary post to accommodate the 5 th respondent and in

defiance of the direction issued by this Court the Government by

the impugned orders directed reversion of the 2 nd petitioner from

the post of Headmaster and to which he was appointed taking into

consideration his seniority on the basis of Rule 37 of Chapter XIV A

KER, is nothing but clear violation of the direction issued by this

Court in Exts.P1 and P2 which has become final and therefore, 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

liable to be interfered with.

9. W.P.(C)No.12745 of 2021 is filed by the 5 th respondent in

W.P.(C)No.18201 of 2022 seeking implementation of Ext.P6 order.

Ext.P6 is an order issued by the District Educational Officer,

Chavakkad consequent to Ext.P5 order issued by the Government

which has been modified by subsequent Government Orders. In

view of the above I am of the opinion that the direction sought for

in the writ petition to implement Ext.P6 cannot be allowed. Though

this Court as per Exts.P1 and P2 directed the Government to create

a supernumerary post to accommodate the petitioner (the 5 th

respondent in W.P.(C)No.18201 of 2022), has not taken any action

for violation of the orders when the Government failed to create a

supernumerary post to accommodate the petitioner in spite of the

specific direction issued in Exts.P1 and P2, presumably for the

reason that the petitioner was gainfully employed elsewhere. It is

true that the Government was duty bound to create a

supernumerary post as directed in Exts.P1 and P2 and if the

Government is aggrieved by the same, they should have challenge 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

the same in appropriate proceedings. Having not done so, the stand

of the Government that the creation of the supernumerary post is

against the rules, cannot be accepted at all.

In view the above facts and circumstances the above writ

petitions are disposed of as follows:

1. Exts.P6, P7 orders in W.P.(C)No.18201 of 2022 are set

aside.

2. W.P.(C)No.12745 of 2021 is dismissed.

3. The dismissal of W.P.(C)No.12745 of 2021 will not stand

in the way of the petitioner therein to initiate

proceedings to claim damages from the Government for

the loss, if any, caused to her due to the non-

implementation of the directions in Exts.P1 and P2

judgments.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

APPENDIX OF WP(C) 2164/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NOS.8640/2008 AND W.P.(C) NO.28764/2009 DATED 20/10/2017.

EXHIBIT P2                   TRUE COPY OF LETTER DATED 8/10/2020
                             ISSUED   BY   THE    DEPUTY   DIRECTOR   OF
                             EDUCATION.
EXHIBIT P3                   TRUE COPY OF THE LETTER ISSUED BY THE
                             HEADMASTER TO THE DEPUTY DIRECTOR OF
                             EDUCATION.
EXHIBIT P4                   TRUE     COPY     OF     ORDER     G.O.(MS)
                             NO.3044/2020/GED DATED 9/11/2020.
EXHIBIT P5                   TRUE COPY OF THE REPRESENTATION SUBMITTED
                             BY THE PETITIONER BEFORE THE GOVERNMENT
                             DATED 19/12/2020.
                                                         2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

APPENDIX OF WP(C) 12745/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 20.10.2017 IN WP(C) NO.8640/2008 AND WP(C) NO.28764/2009 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED 6.2.2020 IN WRIT APPEAL NO.1362/2018 AND WRIT APPEAL NO.1068/2018 BY THE DIVISION BENCH OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 15.9.2020 IN CONTEMPT CASE (CIVIL) NO.1312/2020 OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 9.11.2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 1.3.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER NO.B1/1838/2020/DDS DATED 2.3.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE LAWYER'S NOTICE DATED 9.4.2021 ISSUED BY PETITIONER.

Exhibit P8 TRUE COPY OF THE ORDER DATED 22/6/2001 ISSUED BY THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 5/6/2020 ISSUED IN THE OFFICIAL LETTER HEAD BY THE 5TH RESPONDENT 2025:KER:43634

W.P.(C). Nos.2164 & 12745 of 2021 and 18201 of 2022

APPENDIX OF WP(C) 18201/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT IN NOS.8640/2008 W.P(C) AND W.P(C) NO.28764/2009 DATED 20/10/2017 Exhibit P2 TRUE COPY OF COMMON JUDGMENT 6/2/2020 IN W.A.NO.1068/2018 AND DATED CONNECTED CASES Exhibit P3 TRUE COPY OF THE LETTER DATED 8/10/2020 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION Exhibit P4 TRUE COPY OF LETTER ISSUED BY THE HEADMASTER TO THE DEPUTY DIRECTOR OF EDUCATION Exhibit P5 TRUE COPY OF THE ORDER G.O(MS) NO.3044/2020/GED DATED 9/11/2020 Exhibit P6 TRUE COPY OF THE ORDER G.O(RT) NO.

3138/2022/GEDN DATED 24/5/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P7 THE TRUE COPY OF THE ORDER G.O(RT) NO.

274/2023/GEDN DATED 12/1/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE INFORMATION SOUGHT BEFORE THE SCERT BY THE FIRST PETITIONER DATED 17.01.2023 Exhibit P9 TRUE COPY OF THE INFORMATION OBTAINED BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 28.01.2023

 
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