Citation : 2025 Latest Caselaw 5405 Ker
Judgement Date : 24 March, 2025
RP Nos.982,976 983 & 987 OF 2024
1 2025:KER:24817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 24th DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RP NO. 982 OF 2024
AGAINST THE JUDGMENT DATED 02.02.2024 IN WP(C)
NO.30706 OF 2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/8th RESPONDENT:
K.I. SHANIDHA, AGED 54 YEARS,
HIGH SCHOOL TEACHER (PHYSICAL SCIENCE), SEETHI
SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE,
KODUNGALLOOR, THRISSUR DISTRICT,D/o IBRAHIM K.A.,
RESIDING AT POKKAKILATH, U. BAZAR, MADAVANA P.O.,
THRISSUR DISTRICT, PIN - 680666
BY ADVS. P.M.PAREETH
NAJEEB P.S
RESPONDENTS, PETITIONERS, RESPONDENTS 1 TO 7 AND 9:
1 V.A. RAMLATH, AGED 55 YEARS,
S/o P.M. ALI, HSST (MALAYALAM), SEETHI SAHIB
MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE,
KODUNGALLOR, THRISSUR DISTRICT. (RESIDING AT
PALLIPURATH HOUSE, KARA P.O., KADIYALAM,
EDAVILANGU, THRISSUR DISTRICT, PIN - 680666
2 NASECHA P.A., HSST (COMPUTER APPLICATION), SEETHI
SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE,
KODUNGALLUR, THRISSUR DISTRICT, PIN - 680666
RP Nos.982,976 983 & 987 OF 2024
2 2025:KER:24817
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
5 DEPUTY DIRECTOR OF EDUCATION,
AYYANTHOL, THRISSUR DISTRICT, PIN - 680003
6 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
7 MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY
SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT,
PIN - 680666
8 PRINCIPAL, SEETHI SAHIB MEMORIAL HIGHER SECONDARY
SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT,
PIN - 680666
9 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, SRV SCHOOL COMPOUND, ERNAKULAM,
PIN - 682016
(MUHAMMED HANEEFA M.M., (*DELETED)
*10
JOINT SECRETARY, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001
*(R10 IS DELETED FROM THE PARTY ARRAY AT THE RISK
OF THE REVIEW PETITIONER AS PER ORDER DATED 14-
03-2025 IN IA 2/25 IN RP 982/2024)
RP Nos.982,976 983 & 987 OF 2024
3 2025:KER:24817
SRI.DHEERAJ A.S., GP
DR.GEORGE ABRAHAM
SHRI.V.A.MUHAMMED
SRI.K.A.MANZOOR ALI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2025, ALONG WITH RP.976/2024, 983/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.982,976 983 & 987 OF 2024
4 2025:KER:24817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 24th DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RP NO. 976 OF 2024
AGAINST THE JUDGMENT DATED 02.02.2024 IN WP(C)
NO.6022 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/5TH RESPONDENT:
K.I. SHANIDHA, AGED 54 YEARS,
D/o IBRAHIM K.A., HIGH SCHOOL TEACHER (PHYSICAL
SCIENCE), SEETHI SAHIB MEMORIAL HIGHER SECONDARY
SCHOOL, AZHIKODE, KODUNGALLOOR, THRISSUR
DISTRICT, RESIDING AT POKKAKILATH, U. BAZAR,
MADAVANA P.O., THRISSUR DISTRICT, PIN - 680666
BY ADVS. P.M.PAREETH
NAJEEB P.S
RESPONDENTS:
1
SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,
REPRESENTED BY MANAGER FAZLUL HAQ, AZHIKODE P.O.,
THRISSUR DISTRICT, PIN - 680666
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
RP Nos.982,976 983 & 987 OF 2024
5 2025:KER:24817
PIN - 695001
3 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
4 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR DISTRICT, PIN - 680003
5 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
V.A.RAMLATH,
6
HSST(MALAYALAM), SEETHI SAHIB MEMORIAL HIGHER
SECONDARY SCHOOL, AZHIKODE P.O.,
THRISSUR DISTRICT, PIN - 680666
7
NASEEHA P.A.,
HSST (COMPUTER APPLICATION ), SEETHI SAHIB
MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE P.O.,
THRISSUR DISTRICT, PIN - 680666
BY GOVERNMENT PLEADER SRI. DHEERAJ A.S.
DR.GEORGE ABRAHAM
SHRI.V.A.MUHAMMED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2025, ALONG WITH RP.982/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.982,976 983 & 987 OF 2024
6 2025:KER:24817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 24th DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RP NO. 983 OF 2024
AGAINST THE JUDGMENT DATED 02.02.2024 IN WP(C)
NO.29044 OF 2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER/ADDITIONAL R9:
K.I. SHANIDHA, AGED 54 YEARS,
HIGH SCHOOL TEACHER (PHYSICAL SCIENCE),
SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,
AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT,
PIN - 680666
BY ADVS. P.M.PAREETH
AISWARYA VENUGOPAL
RESPONDENTS, PETITIONER, RESPONDENTS 1 TO 8:
1 ZAREENA BANU K.Z, AGED 35 YEARS,
W/o SHAFEER P.S., HSA (MALAYALAM), SEETHI SAHIB
MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE,
THRISSUR DISTRICT, RESIDING AT PUTHUVEETTIL
HOUSE, AZHICODE, THRISSUR DISTRICT, PIN - 680666
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-
II, THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
RP Nos.982,976 983 & 987 OF 2024
7 2025:KER:24817
DISTRICT EDUCATIONAL OFFICER,
4 IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY
5 SCHOOL, AZHIKODE, THRISSUR DISTRICT, PIN - 680666
PRINCIPAL, SEETHI SAHIB MEMORIAL HIGHER SECONDARY
6 SCHOOL, AZHIKODE, THRISSUR DISTRICT, PIN - 680666
HEADMASTER, SEETHI SAHIB MEMORIAL HIGHER
SECONDARY SCHOOL, AZHIKODE, THRISSUR DISTRICT,
*7
PIN - 680666 (DELETED)
8 RAMLATH V.A., HSST (MALAYALAM),
SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,
AZHIKODE, THRISSUR DISTRICT, PIN - 680666
*9
MUHAMMED HANEEFA M.M., JOINT SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT
ANNEX-II, THIRUVANANTHAPURAM, PIN 695001(DELETED)
*(RESPONDENT NOS.7 & 9 ARE DELETED FROM THE PARTY
ARRAY AT THE RISK OF THE PETITIONER, AS PER ORDER
DATED 14.03.2025 IN I.A.3/2025 IN RP.983/2024 IN
WP(C)NO.29044/2021)
BY GOVERNMENT PLEADER SRI. DHEERAJ A.S.
DR.GEORGE ABRAHAM
SHRI.V.A.MUHAMMED
SRI.K.A.MANZOOR ALI
SRI.V.RAJASEKHARAN NAIR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2025, ALONG WITH RP.982/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.982,976 983 & 987 OF 2024
8 2025:KER:24817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 24th DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RP NO. 987 OF 2024
AGAINST THE JUDGMENT DATED 02.02.2024 IN WP(C) NO.220
OF 2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
K.I. SHANIDHA, AGED 54 YEARS,
HIGH SCHOOL TEACHER (PHYSICAL SCIENCE),
SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,
AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT,
D/o IBRAHIM K.A., RESIDING AT POKKAKILATH,
U. BAZAR, MADAVANA P.O., THRISSUR DISTRICT,
PIN - 680666
BY ADVS. P.M.PAREETH
NAJEEB P.S
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
RP Nos.982,976 983 & 987 OF 2024
9 2025:KER:24817
3 DEPUTY DIRECTOR OF EDUCATION,
THRISSUR, THRISSUR DISTRICT, PIN - 680001
4 DISTRICT EDUCATIONAL OFFICER,
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
5 MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY
SCHOOL, AZHIKODE, KODUNGALLOOR,
THRISSUR DISTRICT, PIN - 680666
REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION,
6
EDAPPALLY RAGHAVAN PILLAI ROAD, DEVANKULANGARA,
ERNAKULAM, PIN - 682024
V.A.RAMLATH,
7
HSST(MALAYALAM), SEETHI SAHIB MEMORIAL HIGHER
SECONDARY SCHOOL, AZHIKODE, KODUNGALLOOR,
THRISSUR DISTRICT, PIN - 680666
8 NASEEHA,
HSST (COMPUTER APPLICATION ),
SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,
AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT,
PIN - 680666
BY GOVERNMENT PLEADER SRI. DHEERAJ A.S.
DR.GEORGE ABRAHAM
SHRI.V.A.MUHAMMED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2025, ALONG WITH RP.982/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.982,976 983 & 987 OF 2024
10 2025:KER:24817
ORDER
[RP Nos.982/2024, 976/2024, 983/2024, 987/2024]
The review petitions are filed challenging the common
judgment dated 02.02.2024 in W.P.(C) Nos.29044 of 2021, 220 &
30706 of 2022 and 6022 of 2023.
2. By the judgment impugned under review, this Court
took note of the fact that the entire issue was earlier considered by
this Court through Ext.P13 judgment in W.P(C) No. 6022/2023 and
having found that the action of the Government in granting a
declaration that the enquiry proceedings were void and illegal was
wrong, had only directed the continuance of enquiry proceedings
from the stage from which the enquiry was vitiated.
3. Learned counsel for the petitioner argues that the
petitioner had co-operated in the enquiry. It is too late in the day
for the petitioner to come up with such contentions, that too in a
review. Having found that the findings in Ext.P14 are wrong, the
enquiry proceedings were directed to be proceeded from the stage RP Nos.982,976 983 & 987 OF 2024 11 2025:KER:24817 when the delinquent offered her explanation. Under such
circumstances, I do not find any error apparent on the face of the
record warranting a review. Review cannot be converted into a
second hearing as it is attempted.
I do not find any merit at all and the review petitions are
dismissed in limine.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
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