High Court of KeralaDivision BenchDisposed of
State of Kerala represented by its Secretary to Government, General Education Department v. Rajimon Govind High School Assistant (Hindi) and others (WA No. 332 of 2017; WA Nos. 1931/2018, 2377/2018, 2504/2018, 300/2019)
Case / Petition Number:WA.No.332/2017; WA.No.1931/2018; WA.No.2377/2018; WA.No.2504/2018; WA.No.300/2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- V. G. Arun
- Judgment Date
- 2019-08-09
- Court Decision / Holding
- Writ appeals disposed of with the direction that the Managers would be deemed to have executed the bond and would be obliged to make appointments from the list of protected teachers equal to the number of appointments approved during the ban period. No order as to costs.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- State of Kerala represented by its Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram
- The Director of Public Instructions, Jagathy, Thiruvananthapuram
- The Deputy Director of Education (IDUKKI / Kollam / Ernakulam / Alappuzha / Kollam district as applicable per writ appeal)
- The District Educational Officer (Thodupuzha / Kollam / Muvattupuzha / Alappuzha / Punalur as applicable per writ appeal)
Respondents
- Rajimon Govind High School Assistant (Hindi), Malayattil Kesavan Nair Memorial High School, Kumaramangalam, Thodupuzha, IDUKKI district
- The Manager, Malayattil Kesavan Nair Memorial High School, Kumaramangalam, Thodupuzha, IDUKKI district
- M. Shahna Tis Lower Primary School, Poovathoor, Chadayamangalam, Kollam district
- The Manager, Thableegul Islam Sangham Lower Primary School, Poovathoor, Chadayamangalam, Kollam district
- Sheeba John W/o. K.C. Scaria, (former Upper Primary School Assistant, Ramamangalam High School), Kunnel House, Ezha Karanad, Puthencruz, Ernakulam district
- The Manager, Ramamangalam High School, Muvattupuzha, Ernakulam district
- S. LeKha, W/o. Anilkumar, High School Assistant (Natural Science), CBM High School, Noorand, Alappuzha
- Suhail Azeez, L.G. Arabic Teacher, CBM High School, Noorandu
- The Manager, CBM High School, Noorandu
- A. Nasiya, Daughter of Abdu Azeed, Part Time Urdu Teacher, Boys High School, Punalur, Kollam district
- The Manager, SNLP School Vettikkattiri Attoor, Thrissur district (corrected to Boys HSS, Punalur, Kollam)
- The Headmaster, Boys Higher Secondary School, Punalur, Kollam district
Legal Representation & Advocates
Counsels for Petitioners
- • Sr. Government Pleader Sri A.J. Varghese
Counsels for Respondents
- • V.A. Muhammed (Adv.)
- • S.P. Aravindakshan Pillay (Adv.)
- • S.A. Anand (Adv.)
- • E.U. Dhanya (Adv.)
- • Lindons C.Davis (Adv.)
- • C.D. Dileep (Adv.)
- • Smt. E.U. Dhanya (Adv.)
Case Synopsis & Summary
This batch of writ appeals arises from challenges to the obligation of school managers to make equal appointments from the list of protected teachers when appointments to additional vacancies created during a government hiring ban are approved. The High Court of Kerala, a Division Bench comprising Justices K. Vinod Chandran and V. G. Arun, examines whether the bond condition imposed by Government Order GO(P) No. 10/10/Gen.Edn. dated 12.01.2010—requiring managers to appoint from the protected list in parity with the number of approvals during the ban—must be strictly executed, given that the managers did not sign such bonds. The writ petitioners had been appointed to vacancies during the ban period, and later approvals were granted, though the court did not issue separate directions to execute bonds or to perform the equal appointments; instead, it treated the bond as if executed for the purpose of requiring equal appointments. A cited authority, State of Kerala v. V.S. Suma Devi (W.A.No.2111 of 2015), held that non-execution of a bond can be deemed executed when appointments during the ban period are approved, creating an obligation to make equal numbers of appointments from the protected list. Following this reasoning, the court directed that managers be deemed to have executed the bond and to make the corresponding number of equal appointments. The appeals were disposed of accordingly with no orders as to costs.
Submissions & Arguments
Contentions of Appellants / Petitioners
The Government contends that the Managers are obliged to make equal appointments from the protected‑teachers list, in parity with the number of appointments approved during the ban, and that the Government’s GO 10/10/Gen.Edn. permits such approvals conditioned on a bond. Since bonds were not executed, the Court should deem the bond as executed and direct compliance by the Managers to ensure equal appointments. The decision in State of Kerala v. V.S. Suma Devi (W.A.No.2111 of 2015) supports deeming the bond as executed when appointments during the ban are approved.
Contentions of Respondents
Not explicitly stated in the provided excerpt.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Kerala and Others v. V.S.Suma Devi and others | W.A.No.2111 of 2015 | Positive | The Division Bench held that non‑execution of a bond by the Managers should be deemed to have been executed for the purposes of equalizing appointments when such appointments were approved during the ban, supporting the present direction. |
Diagnostic Tool
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 State of Kerala represented by its Secretary to Government, General Education Department v. Rajimon Govind High School Assistant (Hindi) and others (WA No. 332 of 2017; WA Nos. 1931/2018, 2377/2018, 2504/2018, 300/2019) and instantly map out authorities that support, challenge, or govern your position.
Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941**
## **WA.No.332 OF 2017**
**AGAINST THE JUDGMENT IN WPC 17927/2014 DATED 02-12-2016 OF HIGH COURT OF KERALA**
## **APPELLANT/S:**
**1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001**
- **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014**
- **3 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI AT THODUPUZHA-685584**
- **4 THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA, IDUKKI DISTRICT-685584**
**BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE**
## **RESPONDENT/S:**
- **1 RAJIMON GOVIND HIGH SCHOOL ASSISTANT(HINDI), MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL P.O.KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT-685608**
**2 THA MANAGER MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL P.O., KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT-685608**
**THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.1931/2018, WA.2377/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..2..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941**
## **WA.No.1931 OF 2018**
**AGAINST THE JUDGMENT DATED 22.02.2018 IN WP(C) 20766/2015(U) OF HIGH COURT OF KERALA**
## **APPELLANT/S:**
**1 THE STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.**
**3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KOLLAM-691001.**
- **4 THE ASSISTANT EDUCATIONAL OFFICER CHADAYAMANGALAM, KOLLAM DISTRICT-691534.**
**BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE**
## **RESPONDENT/S:**
- **1 M. SHAHNA TIS LOWER PRIMARY SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM DISTRICT.**
- **2 THE MANAGER THABLEEGUL ISLAM SANGHAM LOWER PRIMARY SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM-691534.**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**==> picture [31 x 8] intentionally omitted <==**
**R1 BY ADV. V.A.MUHAMMED(B/O) R2 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R2 BY ADV. SRI.S.A.ANAND**
**THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.2377/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..4..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
## **THE HONOURABLE MR.JUSTICE V.G.ARUN**
**FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941**
## **WA.No.2377 OF 2018**
**AGAINST THE JUDGMENT DATED 06.03.2018 IN WP(C) 29426/2013(C) OF HIGH COURT OF KERALA**
## **APPELLANT/S:**
- **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001**
- **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014**
- **3 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD 682 030**
- **4 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, EERNAKULAM 686 673**
**BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE**
## **RESPONDENT/S:**
- **1 SHEEBA JOHN W/O. K.C SCARIA, (FORMER UPPER PRIMARY SCHOOL ASISTANT RAMAMANGALAM HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT) KUNNEL HOUSE, P.O EZHAKKARANAD, PUTHENCRUZ (VIA), ERNAKULAM DISTRICT 682 308**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**==> picture [31 x 8] intentionally omitted <==**
**2 THE MANAGER, RAMAMANGALAM HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT 686 673.**
**R1 BY ADV. SRI.V.A.MUHAMMED**
**THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..6..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941**
**WA.No.2504 OF 2018**
**AGAINST THE JUDGMENT DATED 29.01.2018 IN WP(C) 2852/2018(F) OF HIGH COURT OF KERALA**
## **APPELLANT/S:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.**
- **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014**
- **3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.**
- **4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA, ALAPPUZHA-690101.**
- **BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE**
## **RESPONDENT/S:**
- **1 S.LEKHA, W/O. ANILKUMAR, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) C.B.M,. HIGH SCHOOL, P.O. NOORANADU, ALAPPUZHA-690504.**
- **2 SUHAIL AZEEZ, S/O. ABDUL AZEEZ,L.G.ARABIC TEACHER, C.B.M HIGH SCHOOL, P.O. NOORANADU, ALAPPUZHA-690504.**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..7..**
**3 THE MANAGER, C.B.M HIGH SCHOOL, P.O. NOORANADU , ALAPPUZHA-690504.**
**R1-2 BY ADV. SRI.LINDONS C.DAVIS R1-2 BY ADV. SMT.E.U.DHANYA**
**THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2377/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..8..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941**
## **WA.No.300 OF 2019**
**AGAINST THE JUDGMENT DATED 12.02.2018 IN WP(C) 20920/2015(L) OF HIGH COURT OF KERALA**
## **APPELLANT/S:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
- **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 014.**
- **3 THE DEPUTY DIRECTOR OF EDUCATION KOLLAM DISTRICT - 691 001.**
- **4 THE DISTRICT EDUCATIONAL OFFICER PUNALUR, KOLLAM DISTRICT - 691 305.**
- **BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE**
## **RESPONDENT/S:**
- **1 A.NAZIYA, DAUGHTER OF ABDU AZEED, PART TIME URDU TEACHER, BOYS HIGHER SECONDARY SCHOOL, PUNALUR, KOLLAM DISTRICT.**
- **2 THE MANAGER, SNLP SCHOOL VETTIKKATTIRI ATTOOR P.O., THRISSUR DISTRICT - 680 583. (CORRECTED) (THE MANAGER, BOYS HSS, PUNALUR, KOLLAM. THE NAME AND ADDRESS OF RESPONDENT NO.2 IS**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..9..**
**CORRECTED AS PER ORDER DATED 04/06/2019 IN IA.NO.02/2019)**
**3 THE HEADMASTER, BOYS HIGHER SECONDARY SCHOOL PUNALUR, KOLLAM DISTRICT - 691 305.**
**R2 BY ADV. SRI.C.D.DILEEP**
**THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2377/2018, WA.2504/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**[ WA.332/2017, WA.1931/2018,**
**WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..10..**
## **JUDGMENT**
## **[ WA.332/2017, WA.1931/2018,**
## **WA.2377/2018, WA.2504/2018, WA.300/2019 ]**
## **K. Vinod Chandran,J.**
In all of the above appeals, the only
issue raised by the Government is as to the
obligation of the Manager to make equal appointments from the list of protected teachers as proffered by the Government on the
appointment of the writ petitioners being approved. Admittedly, the writ petitioners were
appointed to additional vacancies during the period, in which there was a ban of
appointments. Later, the Government brought out
Government Order, bearing No.G.O(P)
No.10/10/Gen.Edn. Dated 12.01.2010, permitting approval of such appointments made by the
## **[ WA.332/2017, WA.1931/2018,**
## **WA.2377/2018, WA.2504/2018, WA.300/2019]**
**..11..**
Managers, but however, on condition of the Managers executing a bond to make equal appointments from the list of protected teachers. The Managers did not execute such bond. The teachers approached this Court with writ petitions and this Court directed the appointments to be approved, but did not in the impugned judgment, direct the Managers to execute the bond nor was a direction issued that appointments should be made; deeming the bond to have been executed.
2. A Division Bench of this Court in
_**State of Kerala and Others**_ v. _**V.S.Suma Devi**_
_**and others [W.A.No.2111 of 2015]**_ found that
even in the case of non-execution of bond by the Managers it should be deemed to have been executed and they would be obliged to make equal number of appointments when the
appointments to additional vacancies during the
**[ WA.332/2017, WA.1931/2018,**
## **WA.2377/2018, WA.2504/2018, WA.300/2019]**
**==> picture [37 x 8] intentionally omitted <==**
ban period are approved.
3. In such circumstances, we direct
that, herein also, the Managers would be deemed to have executed the bond and they would be obliged to make appointments from the list of protected teachers, equal to the number of appointments approved during the ban period.
The writ appeals hence would stand disposed of with the above direction upholding the impugned judgment. No order as to costs.
Sd/-
**K. VINOD CHANDRAN, Judge.**
Sd/-
**V.G.ARUN, Judge.** SB/09/08/2019