Tenetowl LogoTenetowl
High Court of KeralaSingle JudgeWrit petitions disposed; directives issued for ...

Muhammad Suneer N.K. v. State of Kerala & Others; Remya KP v. State of Kerala & Others; Rubina P.T. v. State of Kerala & Others; Akshay Kumar K.C. v. State of Kerala & Others

Case / Petition Number:WP(C) Nos. 43937/2024, 44158/2024, 44168/2024, 44176/2024
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2025-04-01
Court Decision / Holding
Writ petitions disposed of directing the 5th respondent to resubmit the proposals concerning the petitioners to the 4th respondent. The 4th respondent shall consider the proposals and grant approval to the petitioners’ appointments, if they are otherwise eligible, with orders to be passed within two months.
Final Disposition
Writ petitions disposed; directives issued for reconsideration and approval upon eligibility; orders to be passed within two months.

Parties to the Case

Appellants / Petitioners

  • Muhammad Suneer N.K.
  • Remya KP
  • Rubina P.T.
  • Akshay Kumar K.C.

Respondents

  • State of Kerala
  • Director of General Education
  • Deputy Director of General Education
  • District Educational Officer
  • Assistant Educational Officer
  • Ramakrishnan V.P.

Legal Representation & Advocates

Counsels for Petitioners

  • • John Joseph Vettikad
  • • C. Joseph Johny

Counsels for Respondents

  • • K. Sudheer Arundhathi Nair
  • • Sherry M.V.
  • • Tony Augustine

Case Synopsis & Summary

Four writ petitions (WP(C) Nos. 43937/2024, 44158/2024, 44168/2024 and 44176/2024) from teachers appointed as LPST, UPST and Junior Hindi Teacher at Karuvancheri U.P. School, Karuvancheri, Vadakara, Kozhikode, challenge the proposed/returned approval of their appointments due to an ongoing management dispute. The petitioners submit that a court has repeatedly held management disputes cannot automatically bar approved appointments of duly appointed teachers, and that denial now would jeopardize their careers; they are ready to pursue appeals or revisions once a decision is taken. They point out that an Assistant Educational Officer currently functions as Manager because of the dispute. The State respondents counter that the appointments are legally doubtful in the presence of a management dispute, hence the proposals were returned. The Court, relying on Noushar P.K. v. State of Kerala and Others (2016) to emphasize that pendency of a management dispute cannot justify withholding approval, directs reconsideration. The 5th respondent (Assistant Educational Officer) must re-submit proposals to the 4th respondent (District Educational Officer), who should grant approval if otherwise eligible, with orders to be issued within two months. The judgment, delivered by Justice N. Nagareesh, underscores a remedial path to secure appointments despite governance disputes, ensuring that otherwise suitable candidates are not prejudiced by protracted disputes. Exhibits attached to petitions illustrate appointment orders and administrative directives.

Legal Doctrines & Maxims

  • Pendency of management dispute cannot be a ground to deny approval of appointment of teachers (cited from Noushar P.K. v. State of Kerala and Others, 2016 (3) KHC 339)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that management disputes cannot be used as a shield to deny approvals for appointments of teachers in aided schools; they were duly appointed and should be approved if otherwise eligible. If the competent authority makes a decision, they retain the right to appeal and seek revision. The ongoing management dispute has not deprived them of eligibility, and the court’s earlier rulings (Noushar P.K.) mandate reconsideration rather than denial.

Contentions of Respondents

The Government Pleader contends that the appointments’ legality is doubtful in view of the management dispute, hence the proposal was returned. Without resolving the dispute, approvals cannot be granted; the petitions cannot compel mandamus to approve where there are outstanding governance issues.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Noushar P.K. v. State of Kerala and others2016 (3) KHC 339PositiveCited to support the proposition that pendency of a management dispute cannot be used to deny approval of teacher appointments.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Muhammad Suneer N.K. v. State of Kerala & Others; Remya KP v. State of Kerala & Others; Rubina P.T. v. State of Kerala & Others; Akshay Kumar K.C. v. State of Kerala & Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

**2025:KER:27822** **==> picture [58 x 58] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947** ## **WP(C) NO. 43937 OF 2024** ## **PETITIONER:** **MUHAMMAD SUNEER N.K., AGED 26 YEARS, S/O. NAZAR NALOMKANDY HOUSE, PALAYAD NADA P.O., IRINGAL, VADAKARA, KOZHIKODE, LOWER PRIMARY SCHOOL TEACHER (LPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYAD NADA P.O., VADAKARA, KOZHIKODE, PIN - 673521** **BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM,, PIN - 695014** - **3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** ## W.P.(C) No.43937/2024 & con.cases : 2 : - **4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101** - **6 RAMAKRISHNAN V.P., AGED 67 YEARS, S/O. KUNJIRAMA PANICKER, RESIDING AT KURUMAYIL POYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620** **BY ADVS. K.P.SUDHEER ARUNDHATI NAIR(K/1514/2023) TONY AUGUSTINE, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases **==> picture [57 x 58] intentionally omitted <==** : 3 : **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947** ## **WP(C) NO. 44158 OF 2024** ## **PETITIONER:** **REMYA KP, AGED 40 YEARS, W/O. LINEESH N, ASARIPARAMBATH HOUSE, PALAYAD NADA POST, VADAKARA, KOZHIKODE, JUNIOR HINDI TEACHER, KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYADNADA.P.O., VADAKARA, KOZHIKODE, PIN - 673521** **BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 4 : - **3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101** - **6 RAMAKRISHNAN V.P., S/O. KUNJIRAMAPANICKER, RESIDING AT KURUMAYILPOYYIL HOUSE, NADUVATHUR.P.O. KOILANDY,** - **KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620** **BY ADVS. K.P. SUDHEER ARUNDHATI NAIR(K/1514/2023) TONY AUGUSTINE, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases **==> picture [57 x 58] intentionally omitted <==** : 5 : **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947** ## **WP(C) NO. 44168 OF 2024** ## **PETITIONER:** **RUBINA P.T., AGED 32 YEARS, W/O. SABEESH, KARIPPOLNILATH HOUSE, IRINGAL POST, VADAKARA, KOZHIKODE, UPPER PRIMARY SCHOOL TEACHER (UPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYAD NADA.P.O., VADAKARA, KOZHIKODE, PIN - 673521** **BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 6 : - **3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101** - **6 RAMAKRISHNAN V.P., S/O. KUNJIRAMA PANICKER, RESIDING AT KURUMAYIL POYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE, (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620** **BY ADVS. K.P. SUDHEER ARUNDHATI NAIR(K/1514/2023)** ## **TONY AUGUSTINE, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, ALONG WITH WP(C).43937/2024, 44158/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases **==> picture [57 x 58] intentionally omitted <==** : 7 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947** **WP(C) NO. 44176 OF 2024** ## **PETITIONER:** **AKSHAY KUMAR K.C., AGED 26 YEARS, S/O. PRAVEEN KUMAR KIZHAKKECHALIL HOUSE, MANIYOOR POST, PAYYOLI, KOZHIKODE LOWER PRIMARY SCHOOL TEACHER (LPST), KARUVANCHERI UPPER PRIMARY SCHOOL, PALAYADNADA.P.O., VADAKARA, KOZHIKODE, PIN - 673523** **BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001** **2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 8 : - **3 THE DEPUTY DIRECTOR OF GENERAL EDUCATION KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE GENERAL EDUCATION DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN - 673001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA KOZHIKODE, PIN - 673101** - **6 RAMAKRISHNAN V.P., S/O. KUNJIRAMAPANICKER, RESIDING AT KURUMAYILPOYYIL HOUSE, NADUVATHUR.P.O. KOILANDY, KOZHIKODE (FORMER MANAGER KARUVANCHERI U.P. SCHOOL, VATAKARA), PIN - 673620** **BY ADVS. K.P. SUDHEER SHERRY M.V.(K/976/2001) TONY AUGUSTINE, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH WP(C).44168/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **==> picture [57 x 58] intentionally omitted <==** 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 9 : ## **JUDGMENT** Dated this the 1[st] day of April, 2025 [W.P.(C) Nos.43937, 44158, 44168 and 44176 of 2024] The petitioners in these four writ petitions are working as LPST, Junior Hindi Teacher, UPST and LPST respectively. The petitioners state that though they were duly appointed by the then Manager, the proposal for approval of their appointment has been returned by the Assistant Educational Officer stating that there is management dispute. The petitioners would contend that even though there is management dispute, this Court has held in a number of judgments that the management dispute cannot be a reason to decline approval of the appointment of duly appointed Teachers. **==> picture [57 x 58] intentionally omitted <==** 2025:KER:27822 W.P.(C) No.43937/2024 & con.cases : 10 : 2. The petitioners would further submit that if the competent authority takes a decision, they have a right to file appeal and thereafter revision. But, returning of the proposal would jeopardise the career of the petitioners. The petitioners would further submit that due to the management dispute, now Assistant Educational Officer is functioning as the Manager. 3. Government Pleader entered appearance and resisted the writ petitions. The Government Pleader submitted that the legality of appointment of the petitioners are doubtful as there is serious management dispute and that is the reason why the Assistant Educational Officer returned the proposal. 4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 5. This Court has held in the judgment in _**Noushar P.K. v. State of Kerala and others** [2016 (3) KHC_ 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 11 : _339]_ that pendency of management dispute is not a reason to decline the approval of the appointment of Teachers of Aided Schools. In that view of the matter, the competent authority has to reconsider the issue of approval of appointment granted to the petitioners. The writ petitions are accordingly disposed of directing the 5[th] respondent-Assistant Educational Officer to resubmit the proposals in respect of the appointment of the petitioners to the 4[th] respondent-District Educational Officer. The 4[th] respondent shall consider the proposal and grant approval to the petitioners' appointments, if the petitioners are otherwise eligible. Orders shall be passed within a period of two months. Sd/- **N. NAGARESH JUDGE** SR 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 12 : ## **APPENDIX OF WP(C) 43937/2024** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P4 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P5 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P6 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 13 : ## **APPENDIX OF WP(C) 44158/2024** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2161/22 DATED 19-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT ALONG WITH TYPED COPY Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** W.P.(C) No.43937/2024 & con.cases : 14 : ## **APPENDIX OF WP(C) 44168/2024** **PETITIONER'S EXHIBITS:** **Exhibit P1** **THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER** **Exhibit P2 THE TRUE COPY OF ORDER NO.2163/22 DATED 08-07-2022 ISSUED BY THE 5TH RESPONDENT** **Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021** **Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023** **Exhibit P7 THE TRUE COPY OF THE LETTER DATED NO. L1/258/2023 G.EDN. DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT** 2025:KER:27822 **==> picture [57 x 58] intentionally omitted <==** ## W.P.(C) No.43937/2024 & con.cases : 15 : ## **APPENDIX OF WP(C) 44176/2024** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 20-06-2022 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF ORDER NO.B/2380/22 DATED 30-07-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO.C/5881/75/DIS DATED 20-12-1976 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO. B1/2405/21 DATED 08-11-2021 Exhibit P5 THE TRUE COPY OF ORDER NO. G2/5531/2022 /DGE K.DIS DATED 28/04/2023 Exhibit P6 THE TRUE COPY OF G.O.(MS) NO.8002/2023/GEN. EDN. DATED 16-12-2023 Exhibit P7 THE TRUE COPY OF THE LETTER NO. L1/258/2023G.EDN.DATED 03-12-2024 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.**