Kerala High Court
Philip Thomas vs The State Of Kerala on 11 September, 2025
W.P.(C) No.20075 of 2021 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947
WP(C) NO. 20075 OF 2021
PETITIONERS:
1 PHILIP THOMAS, AGED 49 YEARS
S/O.P.THOMAS, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT BINU VILLA, AMBIPOIKA
P.O., KUNDARA, KOLLAM-691501.
2 JOHN GEORGE, AGED 52 YEARS
S/O.REV.Y.M.GEORGE, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT GRACE COTTAGE, KARAMKODE
P.O., KOLLAM-691579.
3 ANILKUMAR.C, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT VISAKHAM, KATTADI P.O.,
KOZHIKODE.
4 SUJA ABY, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT LOVE SHORE, ADICHANALLOOR
P.O., KAITHAKUZHY.
5 SREEJA G.R., HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT KALHARAM, NEAR KOONAYIL LPS, PARAVOOR.
6 AJITHAKUMARI.B., HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT AJITHA BHAVAN, EARAM, KARAMCODE P.O.
7 SMITHA P., HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT AJAYA BHAVAN, KILIKOLLOOR P.O.,
ULLAS NAGAR, KOLLAM.
8 GISSY MATHEW, HIGH SCHOOL ASSISTANT,
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NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT SATHEESH BHAVAN, PLAPPALLY P.O.,
KOTTARAKKARA.
9 MARIAMMA T.P., HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT SHAJI VIHAR,
NEAR TELEPHONE EXCHANGE, KUNDARA.
10 DALIYA THOMAS, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT ALAPPATTUKUNNEL, KUMMALLOOR P.O.,
KAITHAKUZHY.
11 MARY PHILIP, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT GRACE COTTAGE, KARAMCODE P.O.,
KOLLAM.
12 BINI SUSAN K.MATHEW, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT RANIS VADAKKE VEEDU,
POOYAPPALLY P.O.
13 PREETHI K.,HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL,
KAITHAKUZHY, ADICHANALLOOR,
RESIDING AT THEKKEPAINGALI KUNNATHU VEEDU,
KOTTARA, MEEYANNOOR P.O.
14 SARI.S.R.,HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT AJITH MANDIRAM,
KARINGANNOOR P.O., ALUMMOODU, OYOOR.
15 LEENA JACOB,L.P.S.A.,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL,
KAITHAKUZHY, VADAKKE PUTHENVEEDU, KUMMALLOOR P.O.
16 SHEELAKUMARI, L.P.S.A,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR,
RESIDING AT AMPOORI PUTHENVILA VEEDU,
KIZSHAKKANELA P.O., PARIPPALLY.
17 SYAM M.S.,SPOKEN ENGLISH TEACHER,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT GANESHAKRIPA, KANDAL NORTH,
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AMBANADAN LANE, PALLIPPURAM P.O.
18 A.V.ANTONY,AGED 56 YEARS
S/O.VARKEY, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR, RESIDING AT ALAPPATTUKUNNIL,
KUMMALLOOR P.O., KAITHAKUZHY, KOLLAM-691573.
19 ABHINI SOMAN, HIGH SCHOOL ASSISTANT,
NEHRU MEMORIAL HIGHER SECONDARY SCHOOL, KAITHAKUZHY,
RESIDING AT PARVATHY, VELIYAM P.O., KOLLAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
ANNEX-2, THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
4 THE DEPUTY DIRECTOR OF EDUCATION
ELAMBALLOOR RD, THEVALLY NAGAR, PALACE NAGAR,
THEVALLY, KOLLAM-691009.
5 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
CHATHANNUR, KOLLAM-691572.
6 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE, CTTC, ADMIN BLOCK, BSNL RTTC
CAMPUS, KAIMANAM, THIRUVANANTHAPURAM-695040.
7 THE PRESIDENT,
THE KAITHAKUZHY EDUCATIONAL ASSOCIATION,
KAITHAKUZHY, VELICHIKKALA P.O., ADHICHANALLOOR
VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691573.
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8 THE SECRETARY
THE KAITHAKUZHY EDUCATIONAL ASSOCIATION,
KAITHAKUZHY, VELICHIKKALA P.O., ADHICHANALLOOR
VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691573.
BY ADVS.
R6 BY ADV.SRI.S.NIRMAL
R7 & R8 BY ADVS.SRI.JOSE ABRAHAM(J-1406)
SRI.E.ADITHYAN
SRI.A.D.JOSE
SMT.VIJAYALAKSHMI K P
SHRI.MANAS P HAMEED
SRI.N.RAGESH
OTHER PRESENT:
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.20075 of 2021 5
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.20075 of 2021
.................................................................
Dated this the 11th day of September, 2025
JUDGMENT
Petitioners have approached this Court seeking the following
reliefs:
"i) Issue a writ of mandamus or any other appropriate writ, order
or direction directing the respondents not to close the Educational
institutions, Nehru Memorial Higher Secondary School and Nehru
Memorial Public School (CBSE) managed by the Kaithakuzhy
Educational Association, Kaithakuzhy, Velichikkala P.O., Adhichanalloor
Village, Kollam Taluk, Kollam District in any manner.
ii) Issue a writ of mandamus or any other appropriate writ, order
or direction directing the respondents 1 to 5 to take over the management
of Nehru Memorial Higher Secondary School and the 6 th respondent to
take over the management of Nehru Memorial Public School (CBSE);
iii) Issue a writ of mandamus or any other appropriate writ, order
or direction directing the respondents 1 to 5 to ensure that the salary and
other service conditions of the petitioners and all those working in Nehru
Memorial Higher Secondary School are in conformity with those working
in Government schools in the State of Kerala.
iv) Award costs and
v) Any other relief this Hon'ble Court deems fit."
2. Learned counsel appearing for respondents 7 and 8 would
submit that there is a change in the management of the schools and the
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school is being run by the new management, which is admitted by the
petitioners. As regard the third prayer raised by the petitioners regarding
the salary, etc., the same is left open to be agitated before the
appropriate forum.
With the said direction the writ petition is closed.
All pending interlocutory applications are closed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) 20075/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF
THE BYELAW OF THE INSTITUTION, NEHRU
MEMORIAL HIGHER SECONDARY SCHOOL,
KAITHAKUZHY, ADICHANALLOOR.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF
THE SCHOOL DIARY, NEHRU MEMORIAL HIGHER
SECONDARY SCHOOL, KAITHAKUZHY,
ADICHANALLOOR.
Exhibit P3 TRUE COPY OF THE INFORMATION PUBLISHED
BY THE MANAGEMENT OF THE SCHOOLS IN THE
NEWS PAPER MALAYALA MANORAMA IN ITS
KOLLAM EDITION DATED 06.05.2021.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
05.05.2021 ISSUED BY THE MANAGEMENT OF
THE SCHOOL.
Exhibit P5 TRUE COPY OF THE NEWS ITEM REPORTED IN
THE NEWS PAPER MATHRUBHOOMI IN ITS
EDITION DATED 07.05.2021.
Exhibit P6 TRUE COPY OF THE NOTICE DATED
18.05.2021 ISSUED BY THE MANAGER.
Exhibit P7 TRUE COPY OF THE NOTICE DATED
21.05.2021 ISSUED BY THE PRINCIPAL.
Exhibit P8 TRUE COPY OF THE NOTICE DATED
24.05.2021 ISSUED BY THE PRINCIPAL.
Exhibit P9 TRUE COPY OF THE PROCEEDING DATED
08.06.2021 ISSUED BY THE MANAGER OF THE
SCHOOL.
Exhibit P10 TRUE COPY OF THE PROCEEDING DATED
15.06.2021 ISSUED BY THE MANAGER.
Exhibit P11 TRUE COPY OF THE CONSENT LETTER
Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED
29.06.2021.
Exhibit P13 TRUE COPY OF THE REPRESENTATION BEFORE
THE MANAGER DATED 20.06.2021.
Exhibit P14 TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF THE FIRST PETITIONER.
Exhibit P15 TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF THE 3RD PETITIONER.
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Exhibit P16 TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF THE 15TH PETITIONER.
Exhibit P17 TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF THE 17TH PETITIONER.
Exhibit P18 TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF THE 19TH PETITIONER.
Exhibit P19 TRUE COPY OF THE STATEMENT OF JOINT
ACCOUNT IN THE NAME OF THE 10TH AND
18TH PETITIONER.
Exhibit P20 A TRUE COPY OF THE COMMUNICATION DATED
4/1/2024 ISSUED BY THE MANAGER NEHARU
MEMORIAL HIGHER SECONDARY SCHOOL,
KAITHAKUZHY, TO THE PETITIONER
Exhibit P21 A TRUE COPY OF THE NOTICE DATED
1/1/2024 ISSUED BY THE MANAGER NEHARU
MEMORIAL HIGHER SECONDARY SCHOOL,
KAITHAKUZHY,
Exhibit P22 A TRUE COY OF THE MASS PETITION FILED
BEFORE THE MINISTER FOR EDUCATION,
GOVERNMENT OF KERALA DATED 26/3/2024
Exhibit P23 A TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED IN THE KERALA KAUMUDI DAILY
IN ITS KOLLAM EDITION DATED 23/3/2024
