Kerala High Court
Laila.P vs State Of Kerala on 18 March, 2025
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W.P.(C). No.715 of 2021 and connected cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 715 OF 2021
PETITIONER:
SUHASINI M.P
AGED 56 YEARS
W/O.S SIDHARAN C.K., HEADMISTRESS, THIRUVAL UP SCHOOL,
PANOOR, KANNUR DISTRICT-670 692
BY ADVS. R.K.MURALEEDHARAN
SMT.ATHIRA A.MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001
2 THE ASSISTANT EDUCATIONAL OFFICER,
PANOOR, KANNUR DISTRICT,-670 692
3 THE MANAGER,
THIRUVAL UP SCHOOL PANOOR, KANNUR DISTRICT-670 692
4 HAJARA T..
TEACHER, THIRUVAL UP SCHOOL PANOOR,
KANNUR DISTRICT-670 692
BY ADVS. SRI.V.A.MUHAMMED
SRI.M.SAJJAD
OTHER PRESENT:
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, ALONG WITH WP(C).1382/2021, 4149/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 1382 OF 2021
PETITIONER:
K.BHAGIANATHAN
AGED 44 YEARS
S/O.BALAKRISHNAN,HEADMASTER,MAM UP SCHOOL,PARAMBIL
KADAVU,P.O.PARAMBIL, KOZHIKODE DISTRICT-673012.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GENERAL EDUCATION
DEPARTMENT,THIRUVANANTHAPURAM-695001.
2 THE ASSISTANT EDUCATIONAL OFFICER,
KUNNAMANGALAM,KUNNAMANGALAM.P.O, KOZHIKODE DISTRICT-
673571.
3 C.K.VALSARAJAN,
RET.TEACHER,MAM UP SCHOOL,RESIDING AT CHETTIANKANDI
HOUSE,KOKKALLUR.P.O, KOZHIKODE DISTRICT-673612.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, ALONG WITH WP(C).715/2021 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.715 of 2021 and connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 19770 OF 2021
PETITIONER:
LAILA.P.,
AGED 48 YEARS
W/O.HASHIM, HEADMISTRESS, BHOOMIVATHUKKAL MLP SCHOOL,
P.O.KODIYURA, KALLACHI VIA, KOZHIKODE DISTRICT-673 506.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT EDUCATIONAL OFFICER,
VATAKARA, KOZHIKODE DISTRICT-673 004.
3 THE ASSISTANT EDUCATIONAL OFFICER,
NADAPURAM, KOZHIKODE DISTRICT-673 504.
4 THE MANAGER, BHOOMIVATHUKKAL MLP SCHOOL,
P.O.KODIYURA, KALLACHI VIA, KOZHIKODE DISTRICT-673 506.
5 KUNHABDULLA.T.C.,
LPST. BHOOMIVATHUKKAL MLP SCHOOL, P.O.KODIYURA, KALLACHI
VIA, KOZHIKODE DISTRICT-673 506, RESIDING AT KARUVANKANDY,
P.O.KODIYURA, KOZHIKODE DISTRICT-673 506.
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, ALONG WITH WP(C).715/2021 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.715 of 2021 and connected cases
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 37377 OF 2022
PETITIONER:
PREMALATHA .K
AGED 55 YEARS
W/O.RAJAN, AGED 55 YEARS, MANATHANATH, P.O-VAKAYAD, (VIA)
NADAVANOOR_ KOZHIKODE DISTRICT, PIN-673614. PRESENTLY
WORKING AS U P S A VELLIYOOR AUP SCHOOL, NOCHAD, KOZHIKODE
DISTRICT.
BY ADVS.
K.RAKESH ROSHAN
THUSHARA.V
RESPONDENTS:
1 THE MANAGER,
VELLIYOOR AUP SCHOOL, NOCHAD, KOZHIKODE DISTRICT. PIN-
673614.
2 ASSISTANT EDUCATIONAL OFFICER,
ASSISTANT EDUCATION OFFICER, PERAMBRA, POST-PERAMBRA,
KOZHIKODE DISTRICT, PIN-673625.
3 THE DISTRICT EDUCATIONAL OFFICER
TAMARASSERY, P.O.THAMARASSERY, KOZHIKODE DISTRICT,
PIN 673573.
4 THE PRINCIPAL SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 MRS. ANITHA.S.S,
LPSA, VELL♣YOOR A U P SCHOOL, NOCHAD, KOZHIKODE DISTRICT.
PIN673614.
GP- NIMA JACOB
BY ADV R.K.MURALEEDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, ALONG WITH WP(C).715/2021 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.715 of 2021 and connected cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 39702 OF 2022
PETITIONER:
ANITHA S S.,
AGED 54 YEARS
W/O. SATHIYAN HEADMISTRESS (UN APPROVED) VELLIYUR AUP
SCHOOL, NOCHAD P.O, KOZHIKODE DISTRICT - 673513.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS:
1 UNION OF INDIA,
REP. BY SECRETARY MINISTRY OF LAW AND JUSTICE, NEW DELHI-
110001.
2 STATE OF KERALA
REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM-695014.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY,
KOZHIKODE DISTRICT - 673573.
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER PERAMBRA,
KOZHIKODE DISTRICT - 673525.
6 PREMALATHA K.
UPST, VELLIYUR AUP SCHOOL, POST NOCHAD,
KOZHIKODE DISTRICT -673513.
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7 THE MANAGER,
VELLIYUR AUP SCHOOL, NOCHAD, KOZHIKODE DISTRICT -673513.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.RAKESH ROSHAN
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, ALONG WITH WP(C).715/2021 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) Nos. 715, 1382 & 19770 of 2021 and 37377 & 39702 of
2022
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 18th day of March, 2025
JUDGMENT
These writ petitions except W.P.(C)No.37377 of 2022 are
filed challenging the amendment made to Rule 18(1) of the
Right of Children to Free and Compulsory Education Rules,
2011 vide SRO No.18/2021 whereas W.P.(C) No.37377 of
2022 is filed seeking implementation of the said amendment.
2. Both sides submit that the issue is covered by the
judgment of this Court in Venugopalan H. & Others. v.
District Educational Officer, Palakkad & Others [2025
ICO 381] whereby the above said amendment was upheld,
but the retrospective nature of amendment was interfered
with.
Taking into consideration the declaration of law as stated
above, these writ petitions are disposed of. The above said
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W.P.(C). No.715 of 2021 and connected cases
judgment will govern these writ petitions also. Appropriate
further action shall be taken by the educational authorities in
the light of the declaration of law in Venugopalan H.'s case
cited (Supra).
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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W.P.(C). No.715 of 2021 and connected cases
APPENDIX OF WP(C) 715/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE GO(MS)
NO.27/2018/G.EDN DATED 06.O3.2018
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF PASS IN
ACCOUNT TEST 9LOWER DATED 23.07.2013
EXHIBIT P2A A TRUE COPY OF THE CERTIFICATE OF PASS IN
KERALA EDUCATION ACT AND RULES DATED
23.07.2013
EXHIBIT P3 A TRUE COPY OF THE GO()MS) NO.16/18/G.EDN
DATED 19.02.2018
EXHIBIT P3A A TRUE COPY OF THE GO(P) NO.16/2018
/G.EDN DATED 09.07.2018
EXHIBIT P4 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 13.07.2018
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WPC
NO.24303/2018 DATED 21.12.2020
EXHIBIT P6 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 08.01.2021
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT TO 4TH RESPONDENT
DATED 08.01.2021
EXHIBIT P8 A TRUE COPY OF THE SRO NO.989/20 DATED
23.12.2020
EXHIBIT P9 A TRUE COPY OF THE ORDER IN SLP(CIVIL)
DIARY NO.12310/2020 DATED 17.06.2020
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EXHIBIT P10 A TRUE COPY OF THE GO(MS)
NO.157/2015/G.EDN DATED 10.06.2015
EXHIBIT P11 A TRUE COPY OF THE GO(p) NO.1/2021/G.EDN
DATED 5/1/2021
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APPENDIX OF WP(C) 19770/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GO(MS) NO.16/18/G.EDN.
DATED 19.02.2018.
Exhibit P1 A A TRUE COPY OF THE GO(P) NO.16/18/G.EDN
DATED 09.07.2018.
Exhibit P1 B A TRUE COPY OF THE GO(MS)
NO.27/2018/G.EDN DATED 06.03.2018.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF PASS IN
ACCOUNT TEST (LOWER) DATED 04.01.2005.
Exhibit P2A A TRUE COPY OF PASS IN KE ACT AND RULES
DATED 12.07.2019.
Exhibit P3 A TRUE COPY OF THE SENIORITY LIST AS ON
JANUARY 2020.
Exhibit P4 A TRUE COPY OF THE ORDER DATED
12.10.2020.
Exhibit P5 A TRUE COPY OF THE ORDER DATED 17.09.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE ORDER DATED
31.08.2021.
Exhibit P7 A TRUE COPY OF THE ERRATUM ORDER DATED
17.09.2021.
Exhibit P8 A TRUE COPY OF THE JOINING REPORT DATED
01.09.2021.
Exhibit P9 A TRUE COPY OF THE SRO NO.18/2021.
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W.P.(C). No.715 of 2021 and connected cases
Exhibit P10 A TRUE COPY OF THE ORDER IN SLP (CIVIL)
DIARY NO.12310/2020 DATED 17.06.2020.
Exhibit P11 A TRUE COPY OF THE GO(MS)
NO.157/2015/G.EDN. DATED 10.06.2015.
Exhibit P12 A TRUE COPY OF THE ORDER DATED 11.01.2021
IN WPC NO.715/2021.
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APPENDIX OF WP(C) 1382/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GO(MS)NO.16/18/G.EDN
DATED 19.02.2018
EXHIBIT P1(A) TRUE COPY OF THE GO(MS)NO.16/18/G.EDN
DATED 09.07.2018
EXHIBIT P2 TRUE COPY OF THE QUALIFICATION
CERTIFICATE OF THE PETITIONER IN ACCOUNT
TEST(LOWER)DATED 14.02.04.
EXHIBIT P2(A) TRUE COPY OF THE QUALIFICATION
CERTIFICATE OF THE PETITIONER IN ACCOUNT
TEST(HIGHER)DATED 14.12.04
EXHIBIT P2(B) TRUE COPY OF THE QUALIFICATION
CERTIFICATE OF THE PETITIONER IN KER TEST
DATED 07.08.2015
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN
WP(C)NO.12838/2019 DATED 10.06.2020
EXHIBIT P4 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 23.06.2020
EXHIBIT P5 A TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 14.09.2020
EXHIBIT P6 A TRUE COPY OF THE GO(P)NO.19/2020/G.EDN
DATED 23.12.2020
EXHIBIT P7 A TRUE COPY OF THE GO(P)NO.1/2021/G.EDN
DATED 05.01.2021
EXHIBIT P8 A TRUE COPY OF THE ORDER IN
SLP(CIVIL)DIARY NO.12310/2020 DATED
17.06.2020
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EXHIBIT P9 A TRUE COPY OF THE
GO(MS)NO.157/2015/G.EDN DATED 10.06.2015
EXHIBIT P10 A TRUE COPY OF THE JUDGMENT IN MOHAMMED
HANEEFA VS.SOUDATH ASRAF REPORTED IN
2013Z93)KLT 370.
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE JUDGMENT IN WA NO.
817/2020 DATED 21/01/2021
Exhibit R3(b) TRUE COPY OF THE JUDGMENT IN WPC NO.
14971/2014 DATED 24/6/2014
Exhibit R3(c) TRUE COPY OF THE JUDGMENT IN WA NO.
1900/2014/DATED 25/6/2015
Exhibit R3(d) TRUE COPY OF THE JUDGMENT IN WA NO.
1097/2014 DATED 11/01/2016
Exhibit R3(e) TRUE COPY OF GO(MS) NO.16/18/G.EDN DATED
9/7/2018
Exhibit R3(g) TRUE COPY OF THE ORDER
NO.85121/RULES/70/PD DATED 8/3/1971
Exhibit R3(h) TRUE COPY OF THE G.O(RT)
NO.511/2020/G.EDN DATED 28/01/2020
Exhibit R3(i) TRUE COPY OF THE G.O(P) NO.19/2020/G.EDN
DATED 23/12/2020
Exhibit R3(j) TRUE COPY OF THE G.O(P) NO. 1/2021/G.EDN
DATED 5/01/2021
Exhibit R3(k) TRUE COPY OF THE NO.B3/263/2022/G.EDN
DATED 10/11/2022
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Exhibit R3(l) TRUE COPY OF THE ORDER IN O.A NO.441/2021
DATED 8/4/2021
Exhibit R3(M) TRUE COPY OF THE G.O(RT)
NO.6896/2022/G.EDN DATED 17/11/2022
Exhibit R3(N) TRUE COPY OF THE G.O(RT) NO.
534/2022/G.EDN DATED 25/01/2022
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APPENDIX OF WP(C) 37377/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE IDENTITY CARD OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF HALL TICKET ALONG WITH THE
EXAMINAITON SCHEDULE FOR THE DEPARTMENT
TEST CONDUCTED BY KERALA PSC, IN WHICH
PETITIONER APPEARED.
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY TH
KERALA PUBLIC SERVICE COMMISSION FOR
PASSING THE ACCOUNT TEST (LOWER)
Exhibit P3(A) TRUE COPY OF THE CERTIFICATE ISSUED BY TH
KERALA PUBLIC SERVICE COMMISSION FOR
PASSING TH KERALA EDUCATIONAL ACT AND
RULES TE EXAMINATION OF (DEPARTMENTAL
TEST)
Exhibit P4 TRUE COPY OF THE ORDER DATED 1/11/2022 OF
THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE APPEAL FILED BEFORE THE
RESPONDENT. DT 9-11-22
Exhibit P6 TRUE COPY OF THE LETTER OF 4TH RESPONDENT
TO AB KUZHALMANNAM. DT 10 11-22 .
RESPONDENT EXHIBITS
Exhibit R5(a) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01/06/2022 ISSUED BY THE 1ST
RESPONDENT.
Exhibit R5(b) TRUE COPY OF THE TEST QUALIFICATION
CERTIFICATE IN ACCOUNT TEST (LOWER) DATED
28/03/2018.
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Exhibit R5(c) TRUE COPY OF THE TEST QUALIFICATION
CERTIFICATE IN KEALA EDUCATION ACT AND
RULES DATED 28/03/2018.
Exhibit R5(d) A TRUE COPY OF THE ORDER NO.B/27471/2022
(1) OF THE 2ND RESPONDENT DATED
01/11/2022.
Exhibit R5(e) A TRUE COPY OF THE APPEAL FILED BY THE
1ST RESPONDENT BEFORE THE 3RD RESPONDENT
DATED 11/11/2022.
PETITIONER EXHIBITS
Exhibit P7 TRUE COPY OF THE CIRCULAR WITH NO.
J1/01/21/G.EDN DATED 27.11.2022 OF 4TH
RESPONDENT.
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APPENDIX OF WP(C) 39702/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GO(MS) NO.
27/2018/G.EDN ISSUED BY THE 2ND
RESPONDENT DATED 06.03.2018.
Exhibit P2 TRUE COPY OF THE CERTIFICATE IN ACCOUNT
TEST LOWER & HIGHER OF KERALA PUBLIC
SERVICE COMMISSION ON 28.03.2018.
Exhibit P2 A TRUE COPY OF THE CERTIFICATE IN KERALA
EDUCATION ACT AND RULES OF KPSC DATED
28.03.2018.
Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER IN
FORM 27 OF THE PETITIONER DATED
01.06.2022.
Exhibit P4 TRUE COPY OF THE GO(MS) NO. 16/18/ G.EDN
ISSUED BY THE 2ND RESPONDENT DATED
19.02.2018.
Exhibit P4 A TRUE COPY OF THE GO(MS) NO. 16/18/ G.EDN
ISSUED BY THE 2ND RESPONDENT DATED
09.07.2018.
Exhibit P5 A TRUE COPY OF THE GO(P) NO. 1/2021/G.EDN
ISSUED BY THE 2ND RESPONDENT DATED
05.01.2021.
Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.
J1/19/21/G.EDN ISSUED BY THE 2ND
RESPONDENT DATED 16.02.2021.
Exhibit P7 A TRUE COPY OF THE ORDER OF HON'BLE
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM IN OA NO. 441/2021
DATED 08.04.2021.
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Exhibit P8 A TRUE COPY OF THE GO(MS) NO. 157/2015/G.
EDN ISSUED BY THE 2ND RESPONDENT DATED
10.06.2015.
Exhibit P9 A TRUE COPY OF THE CIRCULAR NO. J1/ 01/21
/G.EDN ISSUED BY THE 2ND RESPONDENT DATED
27.11.2022.
Exhibit P10 A TRUE COPY OF THE ORDER IN SLP NO.
12310/2020 DATED 17.06.2020.
Exhibit P11 A TRUE COPY OF THE ORDER NO.B2/4563/2022
ISSUED BY THE 4TH RESPONDENT
