Kerala High Court
Vasanthan K V vs The State Of Kerala on 18 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
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W.P. (C) No. 27108 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(C) NO. 27108 OF 2023
PETITIONERS:
1 VASANTHAN K V
AGED 58 YEARS
S/O. KRISHNAWARRIER, RETIRED HEADMASTER,
PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
PANTHEERAMKAVU P.O, KOZHIKODE - 673019
RESIDING AT SREEPADMAM, POKKUNNU P.O
KOZHIKODE DISTRICT -., PIN - 673 007.
2 MANOJ KUMAR K P
AGED 52 YEARS
S/O. BALAKRISHNAN NAIR HST (MALAYALAM),
PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
PANTHEERAMKAVU P.O, KOZHIKODE -,
PIN - 673 019.
3 DILJO M
AGED 46 YEARS
D/O. RAJAGOPALAN NAIR HST (ENGLISH),
PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
PANTHEERAMKAVU P.O, KOZHIKODE -,
PIN - 673 019.
4 AKBAR PAZHEDATH
AGED 39 YEARS
S/O. HASSANKUTTY HST (ARABIC), PANTHEERAMKAVU
HIGHER SECONDARY SCHOOL PANTHEERAMKAVU P.O,
KOZHIKODE -, PIN - 673 019.
5 PUSHPALATHA S M
AGED 57 YEARS
D/O. VELAYUDHAN RETIRED JUNIOR LANGUAGE TEACHER
(HINDI) PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
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W.P. (C) No. 27108 of 2023
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PANTHEERAMKAVU P.O, KOZHIKODE - 673019
RESIDING AT KAMAL, PANTHEERAMKAVU P.O,
KOZHIKODE - 673 019.
6 GEETHA KUMARI. J
AGED 55 YEARS
D/O. PARAMESWARAN NAIR UPST,
PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
PANTHEERAMKAVU P.O,
KOZHIKODE-, PIN - 673 019.
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM -,
PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM -, PIN - 695 104.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE, KOZHIKODE DISTRICT -, PIN - 673 001.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE, KOZHIKODE DISTRICT -, PIN - 673 004.
5 SUPER CHECK OFFICER,
SUPER CHECK CELL (MALABAR REGION) CIVIL STATION,
KOZHIKODE -, PIN - 673 020.
6 THE MANAGER
PANTHEERAMKAVU HIGHER SECONDARY SCHOOL
PANTHEERAMKAVU P.O, KOZHIKODE,
PIN - 673 019.
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W.P. (C) No. 27108 of 2023
2025:KER:43655
BY ADVS.
K.PRAVEEN KUMAR
GAYATHRI NARENDRANATH
PREMCHAND R NAIR-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No. 27108 of 2023
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 27108 of 2023
-------------------------
Dated this the 18th day of June, 2025
JUDGMENT
1. The petitioners 1 and 5 have retired from service. The other
petitioners have not attained the age of superannuation. They
were deployed as Headmaster and Teachers in the
Pantheeramkavu Higher Secondary School, Pantheeramkavu P. O.,
Kozhikode district. In the staff fixation order of the School for
the year 2019-20, six divisions and four UPST posts were
sanctioned. The Director of General Education, the 2nd
respondent, after hearing the Manager and the petitioners found
that 32 students to be bogus students and two inspection reports
also confirmed the said fact and issued Exhibit P-3 order directing
the 4th respondent to issue consequential order. Accordingly, the
staff fixation order was revised by the District Educational Officer
and allowed five posts in core subjects and three UPST posts vide
Exhibit P-4 order. Against the order dated 04.02.2021 passed by
the 2nd respondent in Exhibit P-3, the 1 st petitioner filed revision
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in Exhibit P-5 before the Government. The Government
thereafter has taken a decision vide Exhibit P-7 on 02.12.2022 and
has rejected the revision in Exhibit P-5.
2. The learned Counsel for the petitioner submits that the power
of revision is statutory power under Section 12F of Chapter XXIII of
the Kerala Education Act, 1958 and, therefore, at least the 1 st
petitioner should have been heard before taking a decision in
Exhibit P-7. He further submits that no notice of hearing was issued
to either of the petitioners before the revision was decided by the
Government.
3. Mr. Premchand R. Nair, the learned Senior Government
Pleader does not dispute the fact that no hearing was given to the
1st petitioner who filed the revision in Exhibit P-5 before taking the
decision on the said revision vide the order dated 02.12.2022 in
Exhibit P-7.
4. Considering the aforesaid fact that the petitioners' right for
continuation in service after 2019-20 is involved, it would be
appropriate to set aside the order passed by the Government in
Exhibit P-7 and remand the matter back to the Government to
decide the revision in Exhibit P-5 afresh after hearing the 1 st
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petitioner or his representative, as the case may be. The notice on
hearing should be issued to the 1st petitioner and after the notice
served, the 1st petitioner should be heard and then order is to be
passed.
5. In view of the aforesaid, the present writ petition is hereby
allowed. The impugned order in Exhibit P-7 is set aside and the
matter is remanded back to the file of the Government to take a
fresh decision on the revision in Exhibit P-5 preferred by the 1st
portioner after giving him an opportunity of hearing, who may
appear himself or through his authorized representative. A fresh
decision on Exhibit P-5 should be taken within a period of two
months from today in accordance with the law.
Let a copy of this Judgment be communicated to the
competent authority by the learned Senior Government Pleader for
necessary compliance.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 27108/2023
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS B5/49347/2019 OF THE SCHOOL
FOR THE YEAR 2019-20 DATED 18.07.2019.
Exhibit-P2 TRUE COPY OF THE SHOWCAUSE NOTICE NO.
S.C/02/2020/K.K.D DATED 07.02.2020
ISSUED BY THE 2ND RESPONDENT.
Exhibit-P2(a) TRUE COPY OF THE REPLY SUBMITTED BY THE
HM TO THE 2ND RESPONDENT DATED
10.03.2020.
Exhibit-P3 TRUE COPY OF THE ORDER NO.
S.C/02/2020/K.K.D DATED 04.02.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit-P4 TRUE COPY OF THE ORDER NO.
D.DIS/B5/1320/ 2020 DATED 19.02.2021
ISSUED BY THE 4TH RESPONDENT.
Exhibit-P5 TRUE COPY OF THE REVISION PETITION FILED
BY THE HM, PATHEERAMKAVU HIGHER
SECONDARY SCHOOL TO THE 1ST RESPONDENT
DATED 23.02.2021.
Exhibit-P6 TRUE COPY OF THE REMINDER SUBMITTED BY
1ST PETITIONER DATED 16.03.2022 TO THE
MINISTER FOR EDUCATION.
Exhibit-P7 TRUE COPY OF THE LETTER FROM THE
PRINCIPAL SECRETARY TO THE 1ST
PETITIONER DATED 02.12.2022.
Exhibit-P8 TRUE COPY OF THE REQUEST SUBMITTED BY
THE 2ND PETITIONER TO THE 2ND RESPONDENT
DATED 28.04.2023.
Exhibit-P8(a) TRUE COPY OF THE REPLY RECEIVED FROM THE
INFORMATION OFFICER, SUPER CHECK CELL,
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KOZHIKODE DATED 15.06.2023.
Exhibit-P9 TRUE COPY OF THE LETTER DATED NIL BY THE
6TH RESPONDENT TO THE SUPER CHECK CELL,
KOZHIKODE.
Exhibit-P10 TRUE COPY OF THE SHOWCAUSE NOTICE NO.
B5/18687/2019 (1) DATED 02.08.2023
ISSUED BY THE 3RD RESPONDENT.
Exhibit-P11 TRUE COPY OF THE APPLICATIONS SUBMITTED
BY ARUN PRASAD PP TO STANDARD VII DATED
30.05.2019.
Exhibit-P11(a) TRUE COPY OF THE APPLICATION SUBMITTED
BY MUNAVIR P TO STANDARD VIII DATED
02.06.2019.
Exhibit-P11(b) TRUE COPY OF THE APPLICATION SUBMITTED
BY ADHIKRISHNA P V TO STANDARD VIII
DATED 12.06.2019.
Exhibit-P11(c) TRUE COPY OF THE APPLICATION SUBMITTED
BY ADHISIVA N M TO STANDARD VIII DATED
12.06.2019.
Exhibit-P11(d) TRUE COPY OF THE APPLICATION SUBMITTED
BY AGRAG T S TO STANDARD VIII DATED
12.06.2019.
Exhibit 11(e) TRUE COPY OF THE APPLICATION SUBMITTED
BY JAGAN T T TO STANDARD VIII DATED
12.06.2019.
Exhibit-P11(f) TRUE COPY OF THE APPLICATION SUBMITTED
BY KASINAD S TO STANDARD VIII DATED
12.06.2019.
Exhibit-P11(g) TRUE COPY OF THE APPLICATION SUBMITTED
BY VISHNU P TO STANDARD VIII DATED
12.06.2019.
Exhibit-P11(h) TRUE COPY OF THE APPLICATION SUBMITTED
BY MUHAMMED RASHID V P TO STANDARD V
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DATED 21.05.2016.
Exhibit-P11(i) TRUE COPY OF THE APPLICATION SUBMITTED
BY MUHAMMAD RISHAN P P TO STANDARD VIII
DATED 07.05.2019.
Exhibit-P11(j) TRUE COPY OF THE APPLICATION SUBMITTED
BY NIKHDAD P C TO STANDARD VIII DATED
05.08.2019.
Exhibit-P11(k) TRUE COPY OF THE APPLICATION SUBMITTED
BY KASINATHAN O K TO STANDARD VI DATED
30.05.2019.
Exhibit-P11(l) TRUE COPY OF THE APPLICATION SUBMITTED
BY SAYANTH KRISHNA TO STANDARD V DATED
31.05.2018.
Exhibit-P11(m) TRUE COPY OF THE APPLICATION SUBMITTED
BY SAYUJ TO STANDARD V DATED 31.05.2018.
Exhibit-P11(n) TRUE COPY OF THE APPLICATION SUBMITTED
BY FATHIMA SIRINT V TO STANDARD VI DATED
25.05.2019.
Exhibit-P11(o) TRUE COPY OF THE APPLICATION SUBMITTED
BY SUDHEESH K TO STANDARD VIII DATED
08.05.2019.
Exhibit-P11(p) TRUE COPY OF THE APPLICATION SUBMITTED
BY AMAL RAJ C M TO STANDARD VI DATED
13.06.2017.
Exhibit-P11(q) TRUE COPY OF THE APPLICATION SUBMITTED
BY KARTHIK C M TO STANDARD VI DATED
03.06.2017.
Exhibit-P11(r) TRUE COPY OF THE APPLICATION SUBMITTED
BY SLIVER C BYJU TO STANDARD VIII DATED
19.08.2019.
Exhibit-P(s) TRUE COPY OF THE APPLICATION SUBMITTED
BY UMAR MUKTHAR T M TO STANDARD VIII
DATED 26.07.2019.
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Exhibit-P11(t) TRUE COPY OF THE APPLICATION SUBMITTED
BY FAHAD C P TO STANDARD VIII DATED NIL.
Exhibit-P11(u) TRUE COPY OF THE APPLICATION SUBMITTED
BY KAMAR HUSAIN V P TO STANDARD VII
DATED 03.06.2017.
Exhibit-P11(v) TRUE COPY OF THE APPLICATION SUBMITTED
BY ABHIJIT K P TO STANDARD VIII DATED
04.06.2018.
Exhibit-P11(w) TRUE COPY OF THE APPLICATION SUBMITTED
BY SUDHEESH K TO STANDARD VI DATED
06.06.2016.
Exhibit-P11(x) TRUE COPY OF THE APPLICATION SUBMITTED
BY RINOD E TO STANDARD VIII DATED
18.05.2018.
Exhibit-P11(y) TRUE COPY OF THE APPLICATION SUBMITTED
BY VAISHNAV C P TO STANDARD VIII DATED
09.05.2018.
Exhibit-P11(z) TRUE COPY OF THE APPLICATION SUBMITTED
BY SANOOF P TO STANDARD VIII DATED
11.05.2018.
Exhibit-P12 TRUE COPY OF THE APPLICATION SUBMITTED
BY NABHAN K P TO STANDARD IX DATED
13.06.2018.
Exhibit-P12(a) TRUE COPY OF THE APPLICATION SUBMITTED
BY ARTHI C TO STANDARD VIII DATED
06.06.2017.
Exhibit-P12(b) TRUE COPY OF THE APPLICATION SUBMITTED
BY FATHIMA AMANA M TO STANDARD VIII
DATED 15.05.2017.
Exhibit-P12(c) TRUE COPY OF THE APPLICATION SUBMITTED
BY SEJAL E TO STANDARD IX DATED
02.06.2019.
Exhibit-P12(d) TRUE COPY OF THE APPLICATION SUBMITTED
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BY SHYAM P TO STANDARD VIII DATED
05.06.2017.
Exhibit-P13 TRUE COPY OF THE SSLC CERTIFICATE OF
MIKHDAD P C.
Exhibit-P13(a) TRUE COPY OF THE SSLC CERTIFICATE OF
UMMER MUKTHAR P M.
Exhibit-P14 TRUE COPY OF THE SSLC CERTIFICATE OF
FATHIMA SHERIM P V.
Exhibit-P15 TRUE COPY OF THE SSLC CERTIFICATE OF
KAMAR HUSIAN V P.
Exhibit-P15(a) TRUE COPY OF THE SSLC CERTIFICATE OF
ABHIJITH K P.
Exhibit-P15(b) TRUE COPY OF THE SSLC CERTIFICATE OF
PRAJIN KUMAR.
Exhibit-P15(c) TRUE COPY OF THE SSLC CERTIFICATE OF
RENOD E
Exhibit-P15(d) TRUE COPY OF THE SSLC CERTIFICATE OF
VYSHNAV C P.
Exhibit-P15(e) TRUE COPY OF THE SSLC CERTIFICATE OF
SANOOF P.
Exhibit-P16 TRUE COPY OF THE SSLC CERTIFICATE OF
FATHIMA AMANA M.
Exhibit-P16(a) TRUE COPY OF THE SSLC CERTIFICATE OF
SHYAM P.
Exhibit-P16(b) TRUE COPY OF THE SSLC CERTIFICATE OF
ARTHI C.
Exhibit-P16(c) TRUE COPY OF THE SSLC CERTIFICATE OF
NABHAN C.
Exhibit-P17 TRUE COPY OF THE ADMISSION TICKET OF
SEJAL E AS REGISTRATION NO. 181698.
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Exhibit-P17(a) TRUE COPY OF THE REQUEST SUBMITTED BY
THE MOTHER OF SEJAL E FOR CANCELLATION
OF REGISTER DATED NIL.
Exhibit-P17(b) TRUE COPY OF THE CANCELLATION REQUEST OF
REGISTER NO. 181698 NIL.
