Kerala High Court
The Manager ( Dr. P. Sukumaran) ... vs State Of Kerala on 21 May, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:34869
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
WP(C) NO. 7402 OF 2023
PETITIONER:
THE MANAGER ( DR. P. SUKUMARAN) P.A.N.M.S AUP
SCHOOL,PACHATTIRI
AGED 72 YEARS
S/O P. ACHUTHAN NAIR, P.A.N.M.S AUP SCHOOL
PACHATTIRI, TIRUR, MALAPPURAM DISTRICT - 676 105.
(RESIDING AT PUTHUPADANAR VETIL, PACHATTIRI,
MALAPPURAM - 676 105), PIN - 676105
BY ADVS.
M.SAJJAD
V.A.MUHAMMED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPPURAM DISTRICT, PIN - 676519
4 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, MALAPPURAM DISTRICT, PIN - 676301
5 THE ASSISTANT EDUCATIONAL OFFICER,
TIRUR, MALAPPURAM DISTRICT, PIN - 676301
6 SMT. FOUSIA P ,
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WP(C) NO. 7402 OF 2023
LOWER PRIMARY SCHOOL TEACHER, PANMS AUP SCHOOL,
PACHATTIRI TIRUR, MALAPPURAM DISTRICT, PIN - 676105
7 SMT. MONISHA T P,
LOWER PRIMARY SCHOOL TEACHER , PANMS AUP SCHOOL,
PACHATTIRI TIRUR, MALAPPURAM DISTRICT, PIN - 676105
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
M.H.SHAJAHAN RAWTHER
OTHER PRESENT:
V. VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 7402 OF 2023
D.K.SINGH, J
----------------------------------------
W.P.(C) No.7402 of 2023
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Dated this the 21st day of May, 2025
JUDGMENT
The present writ petition has been filed for the following prayers:
"(i) call for the records relating to Exhibits P-4, P-13 and P-
15 and set aside the originals of the same to the extent it
failed to sanction two more divisions by following 1:30
PTR. by the issue of a writ of certiorari or other appropriate
writ or order.
(ii) call for the records relating to Exhibits P-6 and P-6(a),
and set aside the original of the same to the extent it linked
the approval of appointment of 6th and 7th Respondents
with G.O.(P) No.29/2016/G.Edn dated 29.01.2016 and
G.O.(P) No.4/2021/G.Edn dated 06.02.2021 by the issue
of a writ of certiorari or other appropriate writ or order.
(iii) issue a writ of mandamus or other appropriate writ
order or direction directing the Respondents to disburse
the monetary benefits following their approval treating that
they are not approved against an additional vacancies
occurred from 2016-17 academic year.
(iv)issue a writ of mandamus or other appropriate writ
order or iv) direction directing the 5th Respondent to
sanction 2 more post of LPSA in the School from the
academic year 2015-16 following 1:30 PTR.
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WP(C) NO. 7402 OF 2023
(v) declare that Petitioner School is entitled to get two
more divisions during the academic year 2015-16 by
following 1:30 PTR.
(vi) declare that 6th and 7th Respondents were appointed
against the vacancies available prior to 2016 -17 academic
year and hence the Manager is not bound to appoint any
protected teacher on that account.
(vii) pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case."
We are in the academic session 2025-26. For the staff pattern
for the academic session 2015-16, only an academic exercise can be
undertaken and this Court does not want to indulge in an academic
exercise. Thus, the writ petition is dismissed as having been rendered
infructuous.
Sd/-
D.K.SINGH
JUDGE
STB
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WP(C) NO. 7402 OF 2023
APPENDIX OF WP(C) 7402/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE G.O.(P).NO. 199/2011
G.EDN DATED 01.10.2011
Exhibit P-2 TRUE COPY OF THE G.O.(RT)
NO.286/2021/G.EDN DATED 12.01.2021
Exhibit P-2 (a) TRUE COPY OF THE G.O.(RT) NO.
3328/19/G.EDN DATED 20.08.2019
Exhibit P-2 (b) TRUE COPY OF THE G.O.(RT) NO.
3620/17/G.EDN DATED 09.10.2017
Exhibit P-2 (c) TRUE COPY OF THE G.O.(RT) NO.
4784/2017/G.EDN DATED 13.12.2017
Exhibit P-2 (d) TRUE COPY OF THE G.O.(RT)
NO.252/2020/G.EDN DATED 15.01.2020
Exhibit P-2 (e) TRUE COPY OF THE G.O.(RT)
NO.596/2020/G.EDN DATED 01.02.2020
Exhibit P-3 TRUE COPY OF THE G.O.(RT) NO.
202/2020/G.EDN DATED 13.01.2020
Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2015-16 VIDE ORDER NO.
D.DIS/C1/4285/2015 DATED 15.03.2016 ISSUED
BY THE ASSISTANT EDUCATIONAL OFFICER,
TIRUR
Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2016-2017 VIDE ORDER NO.
D.DIS/C/9004/17 DATED 03.12.2017 ISSUED BY
THE ASSISTANT EDUCATIONAL OFFICER, TIRUR
Exhibit P-6 TRUE COPY OF THE G.O.(P) NO.29/2016/G.EDN
DATED 29.01.2016
Exhibit P-6 (a) TRUE COPY OF THE ORDER NO. C/7685/2021
DATED 16.03.2021 ISSUED BY THE ASSISTANT
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WP(C) NO. 7402 OF 2023
EDUCATIONAL OFFICER, TIRUR
Exhibit P-7 TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
27.07.2021
Exhibit P-8 TRUE COPY OF THE LETTER NO. C/2814/2021
DATED 28.10.2021 OF THE ASSISTANT
EDUCATIONAL OFFICER, TIRUR TO THE DIRECTOR
Exhibit P-9 TRUE COPY OF THE LETTER NO.C/2814/2021
DATED 16.08.2021 ISSUED BY THE ASSISTANT
EDUCATIONAL OFFICER, TIRUR TO THE
SECRETARY TO GOVERNMENT
Exhibit P-10 TRUE COPY OF THE GOVERNMENT LETTER NO.
K3/163/2021/G.EDN DATED 23.10.2021
Exhibit P-11 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
DIRECTOR OF GENERAL EDUCATION DATED
04.12.2021
Exhibit P-12 TRUE COPY OF THE LETTER NO. C/2814/2021
DATED 04.12.2021 ISSUED BY THE ASSISTANT
EDUCATIONAL OFFICER, TIRUR BEFORE THE
DIRECTOR
Exhibit P-13 TRUE COPY OF THE COMMUNICATION OF THE
DIRECTOR DATED 22.12.2021 (ALONG WITH
TYPED COPY)
Exhibit P-14 TRUE COPY OF THE REVISION PETITION DATED
05.01.2022 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT
Exhibit P-15 TRUE COPY OF THE G.O.(RT) NO.
653/2023/G.EDN DATED 25.01.2023
Exhibit P-16 TRUE COPY OF THE G.O.(RT) NO.
5632/2019/G.EDN DATED 23.12.2019
Exhibit P-17 TRUE COPY OF THE G.O.(RT) NO.
3124/2019/G.EDN DATED 01.08.2019
