Abdul Ziyad vs State Of Kerala
2026 Latest Caselaw 1834 Ker

Kerala High Court

Abdul Ziyad vs State Of Kerala on 19 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2026:KER:15331

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947

                 WP(C) NO. 43114 OF 2025

PETITIONER:

         ABDUL ZIYAD
         AGED 56 YEARS
         S/O.LATE A.K.M. HUSSAIN, MANAGER,
         M.M. ORIENTAL VOCATIONAL HIGHER SECONDARY
         SCHOOL, PANAYAPPILLY, ERNAKULAM,
         RESIDING AT AMZI VILLA,
         HOUSE NO.C.C.7/324A,
         DARSANAM ROAD, MATTANCHERRY,
         KOCHI, PIN - 682002

         BY ADVS.
         SRI.K.R.GANESH
         SRI.ELVIN PETER P.J. (SR.)
         SRI.ADARSH BABU C.S.
         SMT.AHSANA E.
         SRI.ASHIK J. VARGHESE



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION (F) DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
         THIRUVANANTHAPURAM, PIN - 695014
                                            2026:KER:15331
WP(C) No.43114 of 2025
                           2

    3    THE ASSISTANT DIRECTOR
         VOCATIONAL HIGHER SECONDARY REGIONAL OFFICE,
         ERNAKULAM, PIN - 682011

    4    FAZIL. E
         NON VOCATIONAL TEACHER IN MATHEMATICS (SR.),
         M.M. ORIENTAL VOCATIONAL HIGHER SECONDARY
         SCHOOL, PANAYAPILLY, ERNAKULAM, PIN - 682002

         BY ADVS.
         SRI.NAVEEN T.
         SMT.CHITHRA CHANDRASEKHARAN
         SRI.V.S.ABHISHEK
         SRI.BIJI A MANIKOTH
         SRI.SHIBU JOSEPH KOTTAYIL
         SRI.PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                      2026:KER:15331
WP(C) No.43114 of 2025
                                 3


                           JUDGMENT

Dated this the 19th day of February, 2026

The petitioner, who is the Manager of MM Oriental

Vocational Higher Secondary School, Panayapilly, Kochi, has

filed this writ petition seeking the following reliefs:

(i) To issue a writ of certiorari, or any other appropriate writ order or direction calling for the records leading to Ext.P15 complaint filed by the 4 th respondent before the 1st respondent and quash the same being extra statutory;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to conduct hearing of Ext.P15 complaint on the basis of Ext.P14 notice issued to the petitioner;

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to issue any order on the basis of the hearing allegedly conducted, if any, based on Ext.P15 complaint filed by the 4th respondent and also not to implement the directions, if any;

(iv) To declare that Ext.P15 complaint is extra statutory and is not legally maintainable;

(v) To declare that the 1st respondent has absolutely no authority, power or jurisdiction to hear Ext.P15 compliant and to render a decision;

2026:KER:15331

2. When the matter came up for hearing today,

counsel for the 4th respondent submitted that he does not

propose to prosecute Ext.P15 complaint. As the 4 th

respondent does not want to prosecute Ext.P15 complaint,

necessarily, the 1st respondent need not take any action on

Ext.P15.

3. As the 4th respondent has expressed his

desire not to prosecute Ext.P15, I am of the view that no

further orders are warranted in this writ petition at this stage.

The writ petition is therefore closed, making it clear

that the 4th respondent will be free to prosecute Ext.R4(d)

appeal before the authority appropriately, if the 4 th respondent

is so advised.

Sd/-

N.NAGARESH JUDGE spk 2026:KER:15331

APPENDIX OF WP(C) NO. 43114 OF 2025

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT.)NO.4336/08/G.EDN DATED 29.09.2008 EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF TEACHERS, (VHSE) OF THE PETITIONER'S SCHOOL AS ON 22.01.2025 APPROVED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.E3/2743/2020 DATED 22.06.2020 ISSUED BY THE 2ND RESPONDENT DIRECTOR OF GENERAL EDUCATION.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.

3667046/2025/B/ R.O.V.H.S.E.E.K.M. DATED 21.01.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4(a) TRUE COPY OF THE STATEMENT DATED 17.01.2025 OF SMT. JASEELA TO THE 3RD RESPONDENT.

EXHIBIT P4(b) TRUE COPY OF THE STATEMENT DATED 17.01.2025 GIVEN BY SRI. ANIS TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.

B/723/2024 DATED 09.07.2024 OF THE 3RD RESPONDENT TO THE PRINCIPAL. EXHIBIT P6 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE SENIOR ADMINISTRATIVE OFFICER BEFORE THE GOVERNMENT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 13.05.2025 IN W.P.(C) NO.3416/2025 OF THIS HON'BLE COURT.

EXHIBIT P8 TRUE COPY OF THE SUSPENSION ORDER NO.

M/03/2025 DATED 06.10.2025 ISSUED BY THE PETITIONER AGAINST THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION M/03/2025 DATED 06.10.2025 ISSUED BY 2026:KER:15331

THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS NO.

VHSE/266/2025-ES DATED 07.11.2025 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE REINSTATEMENT ORDER NO.M/03/2025 DATED 10.11.2025 ISSUED BY THE PETITIONER MANAGER.

EXHIBIT P12 TRUE COPY OF THE JOINING REPORT DATED 12.11.2025 OF THE 4TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE ORDER NO.

VHSE/266/2025-E5 DATED 29.07.2025 DIRECTING THE MANGER TO APPOINT SMT. MAMATA.K. AS PRINCIPAL IN CHARGE OF THE SCHOOL.

EXHIBIT P14 TRUE COPY OF THE NOTICE NO. GEDN-

F1/93/2025-G.EDN DATED 01.11.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P15 TRUE COPY OF THE COMPLAINT DATED 15.10.2025 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE HON'BLE MINISTER FOR EDUCATION.

EXHIBIT P16 TRUE COPY OF THE RECOMMENDATION LETTER NO. AMZA/MLA/115/2025 DATED 14.10.2025 OF H.SLAM MLA ADDRESSED TO THE HON'BLE MINISTER.

EXHIBIT P17 TRUE COPY OF THE DEPUTATION CANCELLATION ORDER NO. E3/7682/2015(1) DATED 10.04.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE ORDER DATED 26.07.2017 IN O.A. (EKM.) NO.1449/2017 IN THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 02.02.2018 IN O.P. (KAT) NO. 475/2017 OF THIS HON'BLE COURT.

EXHIBIT P20 TRUE COPY OF THE PROCEEDINGS NO.

VHSE/3129/2025-E5 DATED 27.01.2026 2026:KER:15331

ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

RESPONDENTS' EXHIBITS

Exhibit R4(a) TRUE COPY OF THE REPLY LETTER NO.

V1/09/25 DATED 20-1-2025 SUBMITTED BY THE 4TH RESPONDENT TO THE ASST. DIRECTOR, ERNAKULAM REGIONAL VHSE. Exhibit R4(b) TRUE COPY OF THE COMPLAINT DATED 23-1- 2025 SUBMITTED BY THE PRESIDENT OF THE PTA.

Exhibit R4(c) TRUE COPY OF THE COMPLAINT DATED 20-1- 2025 PREFERRED BY THE 4TH RESPONDENT. Exhibit R4(d) TRUE COPY OF THE APPEAL DATED 16-12- 2025 PREFERRED BY THE 4TH RESPONDENT UNDER RULE 92 OF CHAPTER XIV-A OF THE KER.

Exhibit R4(e) TRUE COPY OF THE COMPLAINT DATED 9-6- 2025 SUBMITTED BY THE PRESIDENT OF THE PTA BEFORE THE 1ST RESPONDENT. Exhibit R4(f) TRUE COPY OF THE APPLICATION DATED 2- 9-2025 SUBMITTED BY THE 4TH RESPONDENT REQUESTING FOR DEPUTATION IN SSK UNDER THE GENERAL EDUCATION DEPARTMENT.