High Court of KeralaDivision Bench2019-07-12The Writ Appeals of the State are rejected. Tho...

WA 173 of 2019 & connected cases, In the High Court of Kerala at Ernakulam

Case / Petition Number:WA.No.173 of 2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran
V. G. Arun
Judgment Date: 2019-07-12
Court Decision / Holding: The appeals by the State are rejected; the court holds educational need can be a factor in recognizing or denying under RTE but must be implemented in a manner consistent with CBSE/board norms; minority institutions are exempt from RTE recognition but must obtain board affiliation; Government guidelines cannot override boards’ norms; revisions to Government Orders 01/03/2019 and 22/05/2019 left open; final disposition: dismisses State appeals and disposes of individual petitions with declarations and directions as noted in para 38–39.
Final Disposition: The Writ Appeals of the State are rejected. Those of the individual petitioners are disposed of with declarations and directions as stated in the judgment. The court directs consideration of recognition under the RTE Act in line with the norms of the affiliating boards (CBSE/ICSE/State Boards), while minority institutions retain protection under Article 30(1) but must still secure board affiliation to access higher levels of education. The impact clarifies that educational need cannot be used to arbitrarily deny recognition while upholding the Board norms as the governing framework for recognition and affiliation. The Government Orders dated 01.03.2019 and 22.05.2019 are left open for challenge but not conclusively struck down in this batch. Costs to be borne as directed.

Parties to the Case

Appellants / Petitioners

State of Kerala represented by its Secretary to Government, General Education Department; Director of Public Instructions; Deputy Director of Education; Assistant Educational Officer (various districts); Government of Kerala authorities implementing RTE/affiliation norms

Respondents

The Manager CBSE-affiliated schools and various school managements (e.g., Grace Public School, etc.)
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) represented by its Secretary
Directors and Education Officers in Kerala (DPI, DEOs, AEOs)
Various educational boards in Kerala (CBSE/ICSE)
Government of Kerala represented by the Secretary, General Education Department
Director of Public Instructions
Director/Deputy/Assistant Educational Officers across Kerala

Legal Representation & Advocates

Counsels for Petitioners

• SRI.C.P.SUDHAKARA PRASAD, Advocate General
• SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER
• SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER

Counsels for Respondents

• SRI.C.P.SUDHAKARA PRASAD, Advocate General (appearing for State side)
• SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER
• SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER
• SRI.NIRMAL S., SC, CBSE
• SRI.JOSE ABRAHAM SRI. SANJAY R. HEGDE

Case Synopsis & Summary

This judgment addresses the regulatory framework for recognition and affiliation of CBSE/ICSE/minority/affiliated schools in Kerala under the Right to Education Act (RTE), and the interplay with state rules and board norms. The batch of petitions/personal appeals concerns whether educational need (local schooling demand) can be used as a ground to reject recognition for CBSE-affiliated schools and whether minority institutions are exempt from RTE recognition while still being required to affiliate with a recognized board. The Division Bench (Justices K. Vinod Chandran and V.G. Arun) reviews the Single Judge’s finding that educational need cannot be the sole basis to deny recognition, while recognizing that affiliation norms and CBSE/ICSE guidelines may legitimately guide recognition under RTE. The court upholds the State’s power to require conformity with CBSE/board norms for recognition, but holds that the decision cannot be to deny recognition solely on saturation of educational need. Minority institutions retain protection under Article 30(1) and are not subject to RTE recognition, but must secure affiliation with a recognized board to access higher levels of education; recognition under RTE is not an absolute bar for minority institutions if connected to Board affiliation. The judgment ultimately dismisses the State’s appeals and disposes of individual petitions with directions.

Provisions of Law Cited

Right of Children to Free and Compulsory Education Act, 2009 - Section 18; Section 19; Section 38; Section 3; Section 6; Section 2(a)(ii)(A) (definition of appropriate Government)Kerala Education Rules, 2011 - Rule 14(14)Section 29 (Curriculum and Completion of Elementary Education)Articles 21-A; 29(2); 30(1) of the Constitution

Legal Doctrines & Maxims

Mythri Vidya Bhavan E.M.S. (AIR 2018 SC 2258)
Sidhrajbhai v. State of Gujarat (1963) SCR 837
Pramati Educational and Cultural Trust v Union of India (2014) 6 SCC 1
Society for Un-aided Private Schools of Rajasthan v Union of India (2012) 6 SCC 1
T.M.A. Pai Foundation v State of Karnataka (2002) 8 SCC 481
State of Kerala v Very Rev. Mother Provincial (1970) 2 SCC 417
Gujarat University v Krishna Ranganath Mudholkar (1963) 3 SCR 828
State of Bombay v Bombay Education Society (1955) 2 SCR 797
Kerala Education Bill, 1957 (In re: 1959 SCR 995)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that educational need cannot be a sole ground to deny recognition under the RTE Act; while the state can enforce board recognition norms, it cannot curb choice through saturation arguments or create extra-constitutional barriers to minority institutions. They pressed for alignment with CBSE/ICSE norms for recognition; they supported ensuring 3 acres land or 25% reservations are not universally applicable; the rules (G.O.s 01/03/2019; 22/05/2019) were in flux and should be subject to judicial interpretation.

Contentions of Respondents

The respondents argued for the State’s prerogative to evaluate educational need and require conformity to board norms for recognition; they contended that RTE Act's recognition is a precondition for running schools and for minority institutions the CBSE affiliation norms and guidelines serve to ensure uniform quality; they sought to preserve regulatory measures that facilitate universal access to education, including 3-acre land norms etc.

Cited Precedents (8)

Case Name	Citation	Treatment	Explanation
Mythri Vidya Bhavan E.M.S.	AIR 2018 SC 2258	Positive	The Court relies on Mythri Vidya Bhavan to discuss the interplay of RTE recognition and Board affiliation norms for minority institutions.
Pramati Educational and Cultural Trust v Union of India	(2014) 6 SCC 1	Overruled	Larger Bench overruled the part of Mythri related to minority institutions and RTE applicability; clarifies minority institutions' status under RTE.
State of Kerala & Mythri Vidya Bhavan E.M.S. (Mythri v Kerala)	(1959) SCR 995	Positive	Contextual references to historical constitutional framework; treated as part of minority rights jurisprudence.
Sidhrajbhai v. State of Gujarat	(1963) SCR 837	Positive	Foundational minority rights jurisprudence cited in relation to Article 30(1).
T.M.A. Pai Foundation v. State of Karnataka	(2002) 8 SCC 481	Positive	A foundational authority on minority education rights and regulatory oversight.
Society for Un-aided Private Schools of Rajasthan v Union of India	(2012) 6 SCC 1	Positive	Used to discuss RTE applicability and minority education protections.
State of Kerala v Very Rev. Mother Provincial	(1970) 2 SCC 417	Positive	Constitutional rights of minority institutions re-adopted in the judgment.
Kerala Education Bill, 1957 in re: (1959) SCR 995	1959 SCR 995	Mentioned Only	Historical reference, not controlling.

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 WA 173 of 2019 & connected cases, In the High Court of Kerala at Ernakulam 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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.173 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7980/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM-691 583.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MAHATMA PUBLIC SCHOOL, KOTTACKAKOM, CHAVARA P.O., KOLLAM,PIN-691 583. 2 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR ,NEW DELHI-110092 (ADDL.R2 IMPLEADED AS PER ORDER DATED 31/1/2019 IN I.A.NO.2/2019 IN WA 173/2019)** **BY ADVS. SRI.C.S.AJITH PRAKASH SRI.NIRMAL S., SC, CBSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.1622/2018 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** **- 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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.1622 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WPC 7794/2018 DATED 05-07-2018 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **MANAGER, FR. SOSIO'S ENGLISH MEDIUM SCHOOL, PAVUMBA, KOIVILA, KOLLAM - 691 590.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.** - **3 DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691 001.** - **4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.** **W.A.No.173 of 2019 & - 3 - connected cases** **5 ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583, KOLLAM DISTRICT.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** **- 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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.1655 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WPC 11612/2018 DATED 05-07-2018 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **SR. LEONI MANIMALA, MANAGER, ST. BENEDICT ENGLISH MEDIUM SCHOOL, SHANTI NIVAS, PINEAPPLE JUNCTION, PUNALUR, KOLLAM - 691305.** **BY ADVS. SRI.MOHAN JACOB GEORGE SRI.T.K.NAVAS SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** - **3 DISTRICT EDUCATIONAL OFFICER, PUNALUR - 691 305.** - **4 DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM - 691 009.** **W.A.No.173 of 2019 & - 5 - connected cases** **5 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092, REPRESENTED BY ITS SECRETARY.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.1932 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10502/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS, REPRESENTED BY ITS PRESIDENT REV. FR. VARGHESE MANICKANAMPARAMBIL, CMI, HAVING REGISTERED OFFICE AT ST.ARNOLDS NORTH ADUVASSERY, S.ADUVASSERY P.O., ERNAKULAM, PIN - 683 578.** **BY ADVS. JOSE ABRAHAM SRI.MANU SRINATH SRI.N.RAGESH SRI. SANJAY R HEGDE, SR** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY TO THE GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM,**| ||**PIN CODE-695001.**| **W.A.No.173 of 2019 & - 7 - connected cases** **3 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **SRI.NIRMAL. S** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** **- 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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.2051 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10064/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 LE MER PUBLIC SCHOOL THRIPRAYAR, NATTIKA P.O., THRISSUR - 680 566, REPRESENTED BY ITS MANAGER MOHAMMED ALI I.** - **2 ANSAR ENGLISH SCHOOL, PERIMPILAVU P.O, PIN 680 519, REPRESENTED BY THE MANAGER MR. SHAJU MOHAMMEDUNNY.** - **3 MADAR ENGLISH SCHOOL, P.O VADANAPILLY, PIN 680 614,REPRESENTED BY ITS PRINCIPAL SAIDUMUHAMMED K I** - **4 ST.VINCENT PALLOTTI CENTRAL SCHOOL, OLLUKARA P.O., KALATHODE, PIN - 680 655 REPRESENTED BY ITS MANAGER FR.GEORGE MADEIKKAL.** - **5 NIRMAL JYOTHI CENTRAL SCHOOL, PAZHAMUKKUM MUNDOOR, PIN - 680 541 REPRESENTED BY ITS PRINCIPAL SR.LISAMMA MATHEW C.** - **6 ST.JOSEPH'S ENGLISH MEDIUM SCHOOK, PAZHOOKKARA, ANNALOOR CHALAKUDY, PIN - 680 731 REPRESENTED BY ITS MANGER SR.LIJI JOSEPH.** - **7 AL AZHAR ENGLISH MEDIUM SCHOOL, MANAKODI, PIN - 680 617 REPRESENTED BY ITS MANAGER AFRATHIM A HAMZA.** **W.A.No.173 of 2019 & - 9 - connected cases** - **8 CARMEL CENTRAL SCHOOL, P.O.VALAPAD, PIN - 680 567 REPRESENTED BY ITS PRINCIPAL DR.SR.MARRIETTE A THERATTI.** - **9 ST.PAUL'S PUBLIC SCHOOL, KURIYACHIRA, PIN - 680 006 REPRESENTED BY ITS MANAGER DR.SR.LISSY JOHN IRIMPAN.** - **10 ST.ELIZABETH ENGLISH MEDIUM SCHOOL, PONGANAMKAD, KURICHIKKARA P.O., PIN-680028, REPRESENTED BY ITS MANAGER, SR.MARIA.** - **11 FR.PAUL CHITILAPILLY MEMORIAL PUBLIC SCHOOL, ENGANDIYUR, THRISSUR, PIN-680615, REPRESENTED BY ITS PRINCIPAL, FR.CHRISTON J.PERUMATTIL.** - **12 SIR SYED ENGLISH SCHOOL, PUTHUMANASSERY, PAVARATTY, PIN-680507, REPRESENTED BY ITS PRINCIPAL NIYAS CHIRAKKARA.** - **13 SAL SABEEL GREEN SCHOOL, KIRALOOR, PIN-680601, REPRESENTED BY ITS PRINCIPAL, SAINABA A.M.** - **14 ST.JUDE PUBLIC SCHOOL, KUTTANELLOOR P.O., ELAMTHURUTHY, PIN-680014, REPRESENTED BY ITS PRINCIPAL, SR.BILPHY PAUL.** - **15 SANTA MARIA ACADEMY, VALLACHIRA, PIN-680562, REPRESENTED BY THE MANAGING TRUSTEE MOLLY THAYYIL, THOMAS CHERIYAN EDUCATIONAL TRUST.** - **16 AMALA MARY RANI PUBLIC SCHOOL, AMALANAGAR, THRISSUR, PIN-680555, REPRESENTED BY ITS MANAGER, SR.STARLET SCARIA.** - **17 LITTLE FLOWER PUBLIC SCHOOL, MURINGOOR, CHALAKUDY, PIN-680316, REPRESENTED BY ITS PRINCIPAL, SR.NANCY MARIA.** - **18 JESUS ACADEMY, THALORE P.O., THRISSUR, PIN-680306, REPRESENTED ITS PRINCIPAL, SR.ANJUMOL KURIAN.** - **19 ST.RAPHAEL'S PUBLIC SCHOOL, KALLUR, THRISSUR-680317, REPRESENTED BY ITS PRINCIPAL, FR.SHAJU CHIRAYATH.** **W.A.No.173 of 2019 & - 10 - connected cases** - **20 ST.ALPHONSA PUBLIC SCHOOL, PATTIKAD P.O., THRISSUR, PIN-680652, REPRESENTED BY FR.BESTIN KAKKASSERY.** - **21 GUARDIAN ANGELS ENGLISH MEDIUM SCHOOL, P.O.KAINOOR, PUTHUR, PIN-680014, REPRESENTED BY ITS MANAGER, SR.MARIA LIGI.** - **22 FR.MATHEW ALAKALAM PUBLIC SCHOOL, MEECHIRA, P.O.KODASSERY, CHALAKUDY, PIN-680721, REPRESENTED BY ITS MANAGER, FR.BENNY VARGHESE.** - **23 M.E.S. PUBLIC SCHOOL, P.O.VEMBALLUR, KODUNGALLUR, PIN-680671,** - **REPRESENTED BY ITS SECRETARY AND CORRESPONDENT, K.K.MOHAMMED HASSAN.** - **24 J AND J ENGLISH MEDIUM SCHOOL, KARUPADANNA, PIN-680670, REPRESENTED BY ITS CHAIRMAN, P.S.VEERAN.** - **25 HOLY GRACE ACADEMY, KURUVILASSERY, MALA, PIN-680735, REPRESENTED BY ITS CHAIRMAN, JOSE KANNAMPILLY.** - **26 VIMAL JYOTHI CENTRAL SCHOOL, MUPLIYAM, PIN-680312, REPRESENTED BY ITS PRINCIPAL, TESSY CHANTRANKUNNEL.** - **27 ALBAB CENTRAL SCHOOL, KATTOOR P.O., PIN-680702, REPRESENTED BY ITS MANAGER, YOUSUF SIDDIQUE.** - **28 NIRMALA MATHA CENTRAL SCHOOL, EAST FORT, THRISSUR, PIN-680005, REPRESENTED BY ITS PRINCIPAL SR.LINSA MARIA SABS.** - **29 CRESCENT PUBLIC SCHOOL, CHALAKUDY-680307, REPRESENTED BY THE CHAIRMAN, CRESCENT EDUCATIONAL SOCIETY, MOHAMED IQBAL P.B.** - **30 M.I.C. ENGLISH SCHOOL, AGALAD, PIN-680516, REPRESENTED BY ITS MANAGER, SHANAVAS K.V.** - **31 CSM CENTRAL SCHOOL,** **P.O.EDASSERY, THALIKULAM, PIN-680569, REPRESENTED BY ITS MANAGER, P.K.HYDARALI.** **W.A.No.173 of 2019 & - 11 - connected cases** - **32 RAJAH SENIOR SECONDARY SCHOOL, CHAVAKKAD, PIN-680506, REPRESENTED BY ITS MANAGER, HANEEFA A.M.** - **33 AL-ISLAH ENGLISH SCHOOL, ERANELLUR P.O., KECHERY, 680503, REPRESENTED BY ITS MANAGER, ABDUSSAMAD M.** - **34 UMARIYYA PUBLIC SCHOOL, P.O.VALLIVATTOM, PIN-680123, REPRESENTED BY ITS SCHOOL SECRETARY, SHAJI M.S.** - **35 AL AQSA PUBLIC SCHOOL, KATHIKODE, KOOLIMUTTAM, PIN-680691, REPRESENTED BY ITS MANAGER, MOHAMMED SUHAIL P.M.** - **36 MAHMOODIYA ENGLISH SCHOOL, PERINJANAM, PIN-680686, REPRESENTED BY ITS MANAGER, MUFTHIKHER AHMED.** - **37 NIRMALA MATHA CONVENT SCHOOL, EYYAL, KECHERY, PIN-680501, REPRESENTED BY ITS PRINCIPAL, SR.SHAN MARIA.** - **38 GOOD SHEPHERD'S CENTRAL SCHOOL, MULLASSERY, PIN-680509, REPRESENTED BY ITS PRINCIPAL, FR.SOLY THATTIL.** - **39 AL FOUZ JAMIA ENGLISH SCHOOL, P.O.VENGOOR, MALAPPURAM, PIN-679325, REPRESENTED BY ITS MANAGER, ABDUL HAMEED.** - **40 MIC ENGLISH SCHOOL, KAIPAMANGALAM, PIN-680681, REPRESENTED BY ITS MANAGER, ABDUL RASHEED K.A.** - **41 NOTRE DAM SCHOOL, CHAIPPANKUZHY P.O., PIN-680724, REPRESENTED BY ITS PRINCIPAL, SR.RANJANA.** - **42 AL AZHAR CENTRAL SCHOOL, MALA, PARANATTUKUNNU, PIN-680732, REPRESENTED BY ITS SECRETARY, MOHAMMED ALI M.I.** - **43 ST.JOHNS ACADEMY, VETTUKAD P.O., THRISSUR - PIN-680014, REPRESENTED BY ITS PRINCIPAL, SR.AISHWARYA.** **- 12 -** **W.A.No.173 of 2019 & connected cases** - **44 AES PUBLIC SCHOOL, ERUMAPETTY, THRISSUR, PIN-680584, REPRESENTED BY ITS PRINCIPAL, SUMA V.S.** - **45 HOLY CROSS C.B.S.E. SCHOOL, ARTHAT, PIN-680521, REPRESENTED BY ITS MANAGER, FR.DR.JOSHY PAROKKARAN.** - **46 ST.DOMINIC'S CONVENT ENGLISH MEDIUM SCHOOL, VELLANI, PIN-680701,** - **REPRESENTED BY ITS PRINCIPAL, SR.JOPHY K.L.** - **47 ST.JOSEPH'S PUBLIC SCHOOL, ANANDAPURAM, PIN-680323, REPRESENTED BY ITS PRINCIPAL, SR.NAYYA.** - **48 IG ENGLISH SCHOOL, CHIRAKKAL, KATTAKAMBAL, PIN-680544, REPRESENTED BY ITS PRINCIPAL, ASHARAF JAMALUDEEN.** - **49 PALLOTTI HILL PUBLIC SCHOOL, AGASTIANMUZHI, MUKKAM, KOZHIKODE-673602, REPRESENTED BY ITS MANAGER, FR.ANTONY K.A.** - **50 BLOOMING BUDS BETHANIA ENGLISH SCHOOL SENIOR SECONDARY, VELLITHIRUTHY, MARATHAMCODE, PIN-680604, REPRESENTED BY ITS MANAGER, FR.SOLOMON OIC.** - **51 AL-IRSHAD ENGLISH SCHOOL, ARSHAD NAGAR, P.O.KILLIMANGALAM, PIN-680591, REPRESENTED BY ITS PRINCIPAL, NEJUMA P.A.** - **52 AMAL ENGLISH SCHOOL, CHEMMANNUR P.O., PUNNAYURKULAM, PIN-679561, REPRESENTED BY ITS CHAIRMAN ARAKKAL KHALID.** - **53 DEVAMATHA CMI PUBLIC SCHOOL, THIRUVAMBADY P.O., PATTURAICKAL, PIN-680022, REPRESENTED BY ITS PRINCIPAL, FR.SHAJU EDAMANA CMI.** - **54 SAI SABEEL CENTRAL SCHOOL, MUNDUR, P.O.PERUMANGALAM, PIN-680545, REPRESENTED BY ITS MANAGER, P.K.KADERMON.** - **55 VIMALAGIRI PUBLIC SCHOOL, KARUVANKAD, KUNDUKKAD, PIN-680028, REPRESENTED BY ITS MANAGER, FR.JOSEPH THAZHATHEL.** **W.A.No.173 of 2019 & - 13 - connected cases** - **56 TALENT PUBLIC SCHOOL, AARATTUVAZHY ROAD, NARAKKAL, PIN-682505, REPRESENTED BY ITS DIRECTOR, ABDUL KALAM K.I.** - **57 EXCEL PUBLIC SCHOOL, ARTHAT P.O., KUNNAMKULAM, THRISSUR, PIN-680521, REPRESENTED BY ITS MANAGER, VICTOR I.THEKKEKARA.** - **58 GOOD HOPE ENGLISH MEDIUM SCHOOL, NILAMBUR-679329, REPRESENTED BY ITS MANAGER, M.ABDUL AZEEZ.** - **59 AL-FALAH ENGLISH MEDIUM SCHOOL, WEST KAIPURAM, NADUVATTAM-679308, REPRESENTED BY ITS MANAGER, K.K.HANEEFA.** - **60 YAMANIYYA ENGLISH MEDIUM SCHOOL, ANCHAMILE, POOKKOTTUMPADAM P.O., PIN-679332, REPRESENTED BY ITS SECRETARY, P.HAMSA.** - **61 NAJATH ENGLISH MEDIUM SCHOOL, KARUVARAKUNDU, PIN-676523, REPRESENTED BY ITS PRINCIPAL, DR.MUHAMMED ASHRAF.** - **62 I.S.S. ENGLISH MEDIUM SENIOR SECONDARY SCHOOL, PONNIAKURSSI P.O., PERINTHALMANNA-679322, REPRESENTED BY ITS MANAGER, K.MOHAMMEDALI.** - **63 MADARU DA'WATHIL ISLAMIYYA MDI SCHOOL, KRULAI P.O., - 679330, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER, SHOUKATHALI K.** - **64 GUIDANCE PUBLIC SCHOOL, GUIDANCE NAGAR, MUNDA, REPRESENTED BY ITS PRINCIPAL, RAFEEQ MUHAMMED.** - **65 MSI ENGLISH SCHOOL, VIDYA NAGAR, NILAMBUR, PIN- REPRESENTED BY ITS MANAGER, ABDURAHIMAN.** - **66 AL-IHSAN ENGLISH SCHOOL, VENGARA O.K MURI P.O., MALAPPURAM DISTRICT-676519, REPRESENTED BY ITS GENERAL MANAGER HAMIDALI K.** - **67 LITTLE FLOWER ENGLISH MEDIUM SCHOOL, THARISH P.O.-676523 KARUVARAKUNDU, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRINCIPAL SR.STEPHY THOMAS.** **W.A.No.173 of 2019 & - 14 - connected cases** - **68 FAZI-E-OMAR PUBLIC SCHOOL, KARULAI, PIN-679330, REPRESENTED BY ITS PRINCIPAL, JESSY T.J.** - **69 GRACE VALLEY PUBLIC SCHOOL, MARAVATTAM, CHENGOTTOOR P.O., MALAPPURAM DISTRICT, KERALA-676503, REPRESENTED BY ITS MANAGER, S.HAMEED HAJI.** - **70 ORPHANAGE ENGLISH MEDIUM SCHOOL, PALAD, MANIMOOLY P.O., MALAPPURAM DISTRICT, PIN-67933, REPRESENTED BY ITS MANAGER A.ABDULLA.** - **71 PRAISE WILL PUBLIC SCHOOL, EDAVANNA, VELLCHAL, PERAKAMANNA, PIN-676541, REPRESENTED BY ITS SECRETARY, M.ISMAIL.** - **72 NICT ENGLISH MEDIUM SCHOOL, KUTTIKKAD, MOOTHEDAM P.O., MALAPPURAM, PIN-679331, REPRESENTED BY ITS SECRETARY, MOIDEEN M.K.** - **73 CARMELGIRI ENGLISH SCHOOL, THALANJI, CHUNGATHURA, PIN-679334, REPRESENTED BY ITS MANAGER, SR.JEESA.** - **74 THE SPRINGS INTERNATIONAL SCHOOL, TANA, NILAMBUR, PIN-676542, REPRESSENTED BY P.MOHAMED SALI, CHAIRMAN AND MANAGING TRUSTEE, PKM EDUCATIONAL AND CHARITABLE TRUST, MANJERI.** **BY ADVS.** **K.K. PREMALAL SRI.VISHNU JYOTHIS LAL SRI.N.N.SUGUNAPALAN (SR.)** ## **RESPONDENT/S:** - **1 THE MANAGER, MALABAR ENGLISH MEDIUM SCHOOL, POTHANUR, POLPPAKARA, MALAPPURAM - 676 576.** - **2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **W.A.No.173 of 2019 & - 15 - connected cases** - **3 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014** - **4 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM 676 101** - **5 THE DISTRICT EDUCZTIONAL OFFICER TIRUR,MALAPPURAM DISTRICT 676 101** - **6 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM DISTRICT 676 576** - **7 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,** - **HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI 110 001.** - **8 THE CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA,** - **2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 092, REPRESENTED BY ITS SECRETARY.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.JAISHANKAR V.NAIR, CGC SRI.NIRMAL S., SC, CBSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 16 -** **W.A.No.173 of 2019 & connected cases** # **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.2140 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WP(C) 17890/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **MANAGER, PEACE PUBLIC SCHOOL, M.P.CAMPUS, PERIYADKA, P.O.SIRIBAGILU, KASARGOD, PIN-671 124.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.** - **3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD-671 121.** **W.A.No.173 of 2019 & - 17 - connected cases** **4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KASARGOD-671 121.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 18 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.2284 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT, PIN - 689 693.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** - **1 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM -690 536.** - **2 MANAGER, ST. MARY'S MODEL SCHOOL, KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN-689 693.** - **3 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA-689 621.** - **4 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA-690 501.** **- 19 -** **W.A.No.173 of 2019 & connected cases** - **5 MANAGER,** - **SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITTA -689 662.** - **6 MANAGER, NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.** - **7 MANAGER,** - **AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA -689 650.** - **8 MANAGER,** - **MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA-690 503.** - **9 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039.** - **10 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.** - **11 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001.** - **12 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689 645.** - **13 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001.** - **14 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001.** - **15 DISTRICT EUDCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 621, PATHANAMTHITTA DISTRICT.** - **16 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690 101, ALAPPUZHA DISTRICT.** **W.A.No.173 of 2019 & - 20 - connected cases** - **17 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA , PIN-689 654.** - **18 DISTRICT EDUCATIONAL OFFICER, RANNI-689 672, PATHANAMTHITTA DISTRICT.** - **19 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.** - **20 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY-689 641, PATHANAMTHITTA DISTRICT.** - **21 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM-690 502, ALAPPUZHA DISTRICT.** - **22 ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691 583, KOLLAM DISTRICT.** - **23 ASSISTANT EDUCATIONAL OFFICER, KONNI-689 691, PATHANAMTHITTA DISTRICT.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** **- 21 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.2295 OF 2018** **AGAINST THE ORDER/JUDGMENT IN WP(C) 37732/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **MANAGER, PEACE PUBLIC SCHOOL, KANIYANTHODU, MUKHATHALA P.O., KOLLAM DISTRICT, PIN-691 577.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039. 2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM -695 014. 3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 22 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.1236 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **MANAGER, MARTHOMAN VIDYAPEEDOM,NIRANAM P.O, THIRUVALLA, PATHANAMTHITTA, PIN- 689 621.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTION,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPURAM -695 001.**| |**4**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**PATHANAMTHITTA -689 645.**| **W.A.No.173 of 2019 & - 23 - connected cases** - **5 DEPUTY DIRETOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA -688 001.** - **6 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM -695 001.** - **7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA -689 621, PATHANAMTHITTA DISTRICT.** - **8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA- 690 101, ALAPPUZHA DISTRICT.** - **9 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, PIN- 689 654.** - **10 DISTRICT EDUCATIONAL OFFICER, RANNI -689 672, PATHANAMTHITTA DISTRICT.** - **11 DISTRICT EDUCATIONAL OFFICER, KOLLAM -691 001.** - **12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY -689 641, PATHANAMTHITTA DISTRICT.** - **13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM -690 502, ALAPPUZHA DISTRICT.** - **14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA -691 583, KOLLAM DISTRICT.** - **15 ASSISTANT EDUCATIONAL OFFICER, KONNI - 689 691, PATHANAMTHITTA DISTRICT.** - **16 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O, KARUNAGAPPALLY, KOLLAM -690 536.** - **17 MANAGER, ST. MARY'S MODEL SCHOOL, KOODAL P.O, PATHANAMTHITTA DISTRICT, PIN- 689 693.** - **18 MANAGER,** - **OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O, ALAPPUZHA -690 501.** **W.A.No.173 of 2019 & - 24 - connected cases** - **19 MANAGER, SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O, PATHANAMTHITTA -689 662.** - **20 CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O, PATHANAMTHITTA DISTRICT, PIN- 689 693.** - **21 MANAGER, NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM -695 012.** - **22 MANAGER, AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O, KOZHENCHERRY, PATHANAMTHITTA -689 650.** - **23 MANAGER,** **MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O, ALAPPUZHA- 690 503.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 25 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.1237 OF 2019** **AGAINST THE JUDGMENT IN W.P.(C) NO.7654 OF 2018 OF HIGH COURT OF KERALA.** ## **APPELLANT/S:** **MANAGER,** **GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM-690 536.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039** - **2 DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014** - **3 DEPUTY DIRECTION OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001.** - **4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689 645** **W.A.No.173 of 2019 & - 26 - connected cases** - **5 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001** - **6 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001** - **7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 621, PATHANAMTHITTA DISTRICT** - **8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690 101, ALAPPUZHA DISTRICT.** - **9 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA,PIN-689 654** - **10 DISTRICT EDUCATIONAL OFFICER, RANNI-689672, PATHANAMTHITTA DISTRICT.** - **11 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001.** - **12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY-689 641, PATHANAMTHITTA DISTRICT.** - **13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM-690 502, ALAPPUZHA DISTRICT.** - **14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691 583, KOLLAM DISTRICT.** - **15 ASSISTANT EDUCATIONAL OFFICER, KONNI-689 691, PATHANAMTHITA DISTRICT.** - **16 MANAGER, ST.MARY'S MODEL SCHOOL, KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN-689 693.** - **17 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O., THIRUVALLA, PATHANAMTHITA,PIN-689 621.** - **18 MANAGER,** - **OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA-690 501.** **W.A.No.173 of 2019 & - 27 - connected cases** - **19 MANAGER,** **SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITA-689 662.** - **20 CHAIRMAN,** - **AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT,PIN-689 693.** - **21 MANAGER,** **NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.** - **22 MANAGER, AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA-689 650.** - **23 MANAGER,** - **MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA-690 503.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 28 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.256 OF 2019** **AGAINST THE JUDGMENT IN W.P(C) NO.18050 OF 2017 OF HIGH COURT OF KERALA.** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, KASARGOD - 670 121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARGOD - 670 121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD - 670 121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** - **5 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. GOVERNMENT PLEADER** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 P.T.KRISHNAN,** **MANAGING TRUSTEE, B. C. K MEMORIAL TRUST AND MANAGING DIRECTOR OF B. C. K.MEMORIAL ENGLISH MEDIUM SCHOOL, KANHANGAD, KASARGOD - 670 121.** ## **W.A.No.173 of 2019 & - 29 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 30 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.261 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41578/2017(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY OF THE GOVERNMENT ,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM,**| ||**PINCODE - 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**KOZHIKODE,**| ||**KERALA - 673 001.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**KOZHIKODE,**| ||**KERALA - 673 001.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KUNNUMMAL, CALICUT,**| ||**KERALA - 673 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ||**GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 31 - connected cases** ## **RESPONDENT/S:** - **1 SANJOSE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRINCIPAL, KUNDUTHODE P.O., KAVILUMPARA (VIA), CALICUT, KERALA - 673 513.** - **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.** **BY ADVS. SRI.JOSE ABRAHAM SRI.MANU SRINATH SRI. SANJAY R HEGDE, SR SRI.NIRMAL S., SC, CBSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 32 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.269 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 5780/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, PIN - 689 645. 4 THE ASSISTANT EDUCATIONAL OFFICER, RANNI, RANNI P.O., PATHANAMTHITTA DISTRICT - 689 645.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** ## **SHIN SYAMALAN,** **MANAGER, SREE NARAYANA ENGLISH MEDIUM SCHOOL, VENKURUJI P.O, MUKKUTTUTHARA, RANNI, PATHANAMTHITTA DISTRICT - 686 510.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 33 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.271 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5726/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE CHAIRMAN PODIKUNJU MUSALIYAR MEMORIAL CHARITABLE AND EDUCATIONAL TRUST, ANZAR BUILDING, CHANDANATHOPE P.O., CHATHINAMKULAM , KOLLAM- 691 014 2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 14/02/2019 IN IA.NO.02/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 34 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.273 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6526/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), IDUKKI-685 603.** **2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 CSI TINY TOTS ENGLISH MEDIUM SCHOOL REP. BY REV. N. NITTEN BOSE, AGED 49, S/O. N.T. BOSE, THE MANAGER, CSI TINY TOTS ENGLISH MEDIUM SCHOOL, NEW MUNNAR, MUNNAR-685 612. 2 MRS.REGINA SELWIN., AGED 60, W/O. LATE PETER SELWIN, THE SECRETARY, CSI TINY TOTS ENGLISH MEDIUM SCHOOL, NEW MUNNAR, MUNNAR-685 612.** **W.A.No.173 of 2019 & - 35 - connected cases** **3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. (R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 36 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.283 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10731/2018(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD, KALPETTA, WAYANAD DISTRICT - 673 121. 4 THE ASSISTANT EDUCATIONAL OFFICER, SULTHANBATHERI, WAYANAD DISTRICT- 673 592. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, SREE NARAYANA U.P. SCHOOL, IRULAM, POST MANAVAYAL, WAYANAD DISTRICT - 673 579.** ## **W.A.No.173 of 2019 & - 37 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 283/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 38 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.285 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11309/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., - 689 101. 4 DISTRICT EDUCATION OFFICER, PATHANAMTHITTA - 689 645.** - **5 ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT - 689 645.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ST. SIMON ENGLISH MEDIUM SCHOOL, KUMBAZHA P.O., PATHANAMTHITTA DISTRICT - 689 653, KERALA.** ## **W.A.No.173 of 2019 & - 39 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN I.A.NO. 1/2019 IN WA 285/2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 40 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.286 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5970/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION**| ||**DEPARTMENT, THIRUVANANTHAPURAM - 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OTTAPALAM, PALAKKAD - 679 101.**| |**4**|**DISTRICT EDUCATIONAL OFFICER,**| ||**TIRUR, MALAPPURAM - 676 101.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER**| ||**THRITHALA, PALAKKAD, PIN - 679 001.**| |**6**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**TIRUR, MALAPPURAM - 676 101.**| |**7**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**PALAKKAD - 673 001.**| |**8**|**DEPUTY DIRECTOR OF EDUCATION**| ||**MALAPPURAM - 676 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 41 - connected cases** ## **RESPONDENT/S:** |**1**|**MANAGER, CEEPEES CENTRAL SCHOOL**| |---|---| ||**THIRUMITTAKODE.P.O., VIA KOTTANAD - 679 533,**| ||**PALAKKAD DISTRICT.**| |**2**|**MANAGER**| ||**KARALLI ENGLISH MEDIUM SCHOOL, EDAKULAM,**| ||**THIRUNNAVAYA, MALAPPURAM DISTRICT, PIN - 676 301.**| ||**BY ADV. MOHAN JACOB GEORGE(B/O)**| **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 42 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.287 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5472/2018(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM 695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**WAYANAD 673 122,**| ||**KERALA.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**WAYANADU 673 122,**| ||**KERALA.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**SULTHANBATHERY,**| ||**KERALA 673 122.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 43 - connected cases** ## **RESPONDENT/S:** **ST.MARY S ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, CHETTAPPALAM P.O., WAYANAD , KERALA 673 579.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 44 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.297 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 33678/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKKARA CIVIL STATION, ERNAKULAM - 682 030.** **2 THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM - 686 691.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR - 683 542.** - **4 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, 2ND FLOOR, SECRETARIAT ANNEX, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PENIEL MISSIONARY FELLOWSHIP REPRESENTED BY ITS SECRETARY, PENIELPURAM, KEEZHILLAM.P.O., ERNAKULAM - 683 541.** ## **W.A.No.173 of 2019 & - 45 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 46 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.298 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13884/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION**| ||**DEPARTMENT,GOVERNMENT**| ||**SECRETARIAT,THIRUVANANTHAPURAM-695001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**DIRECTORATE OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**WAYANADU, CIVIL STATION, KALPETTA NORTH,**| ||**WAYANADU-673122.**| |**4**|**DISTRICT EDUCATIONAL OFFICER,**| ||**WAYANADU, CIVIL STATION, KALPETTA NORTH,**| ||**WAYANADU-673122.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF AEO, MANANTHAVADY,**| ||**WAYANAD DISTRICT-670645.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 47 - connected cases** ## **RESPONDENT/S:** **THE MANAGER,** **ST.MARYS ENGLISH SCHOOL, CHEROOR, PAYYAMPALLY.P.O, MANANTHVADY ,WAYANAD DISTRICT-670645.** **BY ADV. SRI.MATHEW KURIAKOSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 48 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.302 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 29791/2017(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER IRITTY, KANNUR DISTRICT - 670 703. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 GLOBAL INDIA PUBLIC SCHOOL, IRITTY, VILAKKODE P.O., KANNUR DISTRICT - 670 703, REPRESENTED BY ITS MANAGER K.V.RASHEED, AGED 40 YEARS, S/O.HSIR MUHAMMADALI M.K., (RESIDING AT M.K.HOUSE, VILAKKODE P.O., KANNUR DISTRICT - 670 703.** ## **W.A.No.173 of 2019 & - 49 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 50 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.303 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6978/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**PATHANAMTHITTA,**| ||**KERALA - 689 654.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**PATHANAMTHITTA,**| ||**KERALA - 689 654.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**THIRUVALLA, KERALA - 689 101.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 51 - connected cases** ## **RESPONDENT/S:** - **1 BASILIAN PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, PALIAKARA.P.O, THIRUVALLA, PATHANAMTHITTA, KERALA - 689 101.** - **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 52 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.304 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 21841/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 006. 3 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE - 673 002. 4 ASSISTANT EDUCATIONAL OFFICER PERAMBRA, KOZHIKODE DISTRICT - 673 525. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MAHATMA VIDYA NIKETHAN PUBLIC SCHOOL, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT, REPRESENTED BY ITS MANAGER, SANKARAN, AGED 56 YEARS, S/O. KUNHIRAMAN, PARAPPILLIL HOUSE, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT - 673 614.** **W.A.No.173 of 2019 & - 53 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 304/2019.** **BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SRI.NIRMAL S., SC, CBSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 54 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.307 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10817/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**DISTRICT EDUCATIONAL OFFICE, THODUPUZHA,**| ||**KERALA - 685 584.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**DISTRICT EDUCATIONAL OFFICE, THODUPUZHA,**| ||**KERALA - 685 584.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**DISTRICT EDUCATIONAL OFFICE, THODUPUZHA,**| ||**KERALA - 685 584.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 ST.THOMAS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, MAVADI.P.O., IDUKKI, KERALA - 627 201.** **W.A.No.173 of 2019 & - 55 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 307/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR SRI.NIRMAL S., SC, CBSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 56 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.309 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41765/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, KOZHIKODE DISTRICT - 673 001. 3 THE ASSISTANT EDUCATIONAL OFFICER KUNNUMMAL, KOZHIKODE, KOZHIKODE DISTRICT - 673 507. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, STELLA MARIS SCHOOL, KALLACHI, VILLANGAD P.O., KOZHIKODE DISTRICT - 673 506.** ## **W.A.No.173 of 2019 & - 57 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 309/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 58 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.317 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7630/2018(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** **3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, SECOND FLOOR, CIVIL STATION, AYANTHOL, THRISSUR DISTRICT - 680 003.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 AURA EDIFY GLOBAL SCHOOL, REPRESENTED BY ITS MANAGER ABDUL AKBAR, AGED 58 YEARS, S/O. M.K. ABDUL KHADER, SITUATED NEAR PULLUT BRIDGE, KODUNGALLUR IN THRISSUR DISTRICT - 680 663, (RESIDING AT MANDAYAPURATH HOUSE, P.O. MADAVANA, KODUNGALLUR, THRISSUR DISTRICT, KERALA - 680 666).** ## **W.A.No.173 of 2019 & - 59 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 317/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 60 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.318 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 37145/2017(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**THRIKKAKARA CIVIL STATION,**| ||**KOCHI-682030.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**MANAGER,**| |---|---| ||**GRACE PUBLIC SCHOOL,**| ||**ILLATHUPADI,**| ||**EDAVANAKKAD.P.O.,**| ||**ERNAKULAM DISTRICT-682502.**| ## **W.A.No.173 of 2019 & - 61 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 318/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 62 -** # **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.319 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22236/2017(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N)DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLC INSTRRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATION OFFICER, THRSSIR-680020.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE GLOBAL PUBLIC SCHOOL,**| |---|---| ||**REPRESENTED BY ITS MANAGER ABDUL MAJEED,**| ||**S/O.LATE ABDUL KHADER,**| ||**CHERPPU WEST POST,**| ||**THRISSUR DISTRICT-680563,**| ||**(RESIDING AT PALIYATHAZHATHU HOUSE,**| ||**CHERPPU WEST POST,**| ||**THRISSUR DISTRICT-680563).**| ## **W.A.No.173 of 2019 & - 63 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 319/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 64 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.321 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6980/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.** **3 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, KERALA 689 654.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, KERALA 689 654.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, KERALA - 689 654.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST. THOMAS BETHANY CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER, ELANTHOOR P.O., PATHANAMTHITTA, KERALA - 689 643.** **W.A.No.173 of 2019 & - 65 - connected cases** **2 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 031.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 66 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.322 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19760/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM DISTRICT- 691001. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, CHATHANNOOR, KOLLAM- 691512.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 VASANTHALEKSHMI.K, MANAGER, MAHATMA L.P.SCHOOL, NADUVILAKKARA, PULLICHIRA P.O., KOLLAM DISTRICT- 691304.** ## **W.A.No.173 of 2019 & - 67 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN,SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 68 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.324 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34872/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA,OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRITHALA IN PALAKKAD DISTRICT-679534.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 AL AMEEN CENTRAL SCHOOL SITUATED AT PERINGOD KOOTTANAD IN PALAKKAD DISTRICT-679 535, REPRESENTED BY ITS MANAGER, MR.JAMES VARGHESE, S/O SRI.JOY VARGHESE, RESIDING AT PAULS VILLA, PRATHIBHA NAGAR, LINE 111, KALMANDAPAM P.O.PALAKKAD DISTRICT.** ## **W.A.No.173 of 2019 & - 69 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANISATION UNDER THE UNION MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA),REP.BY ITS SECRETARY,SHIKSHA KENDRA,2,COMMUNITY CENTRE,PREET VIHAR, VIKAS MARG,DELHI-110092.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 70 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **W.A.No.325 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10812/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE 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,**| ||**EDUCATION DEPARTMENT,**| ||**KOZHIKODE-673001.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**EDUCATION DEPARTMENT,**| ||**KOZHIKODE-673001.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**EDUCATION DEPARTMENT, FEROKE,**| ||**KOZHIKODE-673631.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 71 - connected cases** ## **RESPONDENT/S:** - **1 THE WINSTON L P SCHOOL PETTA,FEROKE,KOZHIKODE-673631.REPRESENTED BY ITS MANAGER FATHIMA MOIDEEN.** - **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 325/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 72 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.327 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 16311/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT ,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, LITTLE BUDS ENGLISH MEDIUM SCHOOL, ANGADIKADAVU P.O, IRITTY, KANNUR DISTRICT, PIN-670706.** **2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301, REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 73 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.328 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34333/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**ERNAKULAM, CIVIL STATION,**| ||**THRIKKAKARA, COCHIN-682030.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER**| |---|---| ||**SNM PUBLIC SCHOOL, MOOTHAKUNNAM,**| ||**MOOTHAKUNNAM P.O,**| ||**ERNAKULAM-683516.**| **W.A.No.173 of 2019 & - 74 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 328/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 75 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.329 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11825/2018(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM -695001.** - **3 DISTRICT EDUCATION OFFICER,ATTINGAL-695101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER NOOR-UL-HUDA, ENGLISH MEDIUM SCHOOL MANJAPPARA, THIRUVANANTHAPURAM DISTRICT-691533.** - **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 329/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 76 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.333 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7535/2018(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** **3 THE ASSISTANT EDUCATIONAL OFFICER, ADOOR, PATHANAMTHITTA-689694.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **MOUNT CARMEL CMI CENTRAL SCHOOL REPRESENTED BY ITS MANAGER, FR.JOSE JOSEPH, ENATTU, ADOOR, PATHANAMTHITTA-691526.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 77 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.339 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 750/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM,**| ||**PIN-695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**THIRUVANANTHAPURAM,**| ||**KERALA-695001.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPURAM,**| ||**KERALA-695001.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**NEYYATTINKARA,THIRUVANANTHAPURAM-695121.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 78 - connected cases** ## **RESPONDENT/S:** - **1 ST. THOMAS BETHANY ENGLISH MEDIUM L.P.SCHOOL, REPRESENTED BY ITS HEASMISTRESS, KURISADIMUKKI, KULATHAMAL, NEYYATTINKARA, THIRUVANANTHAPURAM, KERALA-695122.** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 339/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 79 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.340 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 36335/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL**| ||**EDUCATION DEPARTMENT, SECRETARIAT ANNEX.**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTION**| ||**JAGATHY, THIRUVANANTHAPURAM-695014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**PALAKKAD DISTRICT-678001.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**MANNARKKAD, PALAKKAD DISTRICT-678582.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**CHERPLASSERY, PALAKKAD DISTRICT-679503.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 80 - connected cases** ## **RESPONDENT/S:** - **1 THE MANAGER, NUSRATHUL ISLAM ENGLISH MEDIUM SCHOOL, PALAKKAD, PALAKKAD DISTRICT-678595.** - **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 340/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-072019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 81 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.345 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 25809/2017(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM-695 014 3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 4 ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, ST.GEORGE CENTRAL SCHOOL, EX-SERVICEMEN'S COLONY, KULATHUPUZHA, KOLLAM-691 310** **W.A.No.173 of 2019 & - 82 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 345/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 83 -** # **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.346 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39314/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**MALAPPURAM-673 001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE AEO,**| ||**MANKADA,**| ||**MALAPPURAM.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE CHAIRMAN/CONVENOR,**| |---|---| ||**AL MADHEENA ENGLISH MEDIUM PRE-PRIMARY SCHOOL,**| ||**VADAKKANGARA P.O.,**| ||**MANKADA VIA,**| ||**MALAPPURAM-679 324.**| ## **W.A.No.173 of 2019 & - 84 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 346/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 85 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.347 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 28877/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-01.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.** - **4 THE ASSISTANT EDUCATIONAL OFFFICER, OFFICE OF THE AEO, KODUVALLY, KOZHIKODE DISTRICT-673572.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MES CENTRAL SCHOOL, PALANGAD, P.O.PNNIKKOTTUR, KODUVALLY VIA, KOZHIKODE DISTRICT-673 572.** ## **W.A.No.173 of 2019 & - 86 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN I.A.NO. 2 OF 2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 87 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.348 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 30767/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATIONAL OFFICE, IRINJALAKKUDA-680 121.** - **4 THE ASSISTANT EDUCATIONAL OFIFCER AEO OFFICE, MALA P.O., THRISSUR DISTRICT-680 732.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**ST.JOSEPH OF TARBES SCHOOL**| |---|---| ||**KUNDOOR, KUNDOOR P.O.,**| ||**THIRUMANKULAM VILLAGE, CHALAKKUDY TALUK,**| ||**THRISSUR DISTRICT- 680 734,**| ||**REPRESENTED BY ITS MANAGER SR.LILLY C.I.**| **W.A.No.173 of 2019 & - 88 - connected cases** **2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 348/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 89 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.349 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9015/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE-695 001.** **3 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-690 101, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-690 101, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER PULLAD, PATHANAMTHITTA-690 101, KERALA.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST. MARYS CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER, WEST OTHERA P.O., THIRUVALLA, KERALA, POSTAL CODE-689 551.** ## **W.A.No.173 of 2019 & - 90 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 91 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.350 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 25211/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**DIRECTORATE OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KOYILANDY SUB DISTRICT,**| ||**KOZHIKODE DISTRICT-673305.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** - **1 T.K.VASUDEVAN NAIR, THE MANAGER, LOTUS ENGLISH MEDIUM SCHOOL, THIRUVANGOOR, KOZHIKODE DISTRICT-678304.** ## **W.A.No.173 of 2019 & - 92 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 350/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 93 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.352 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 18638/2017(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER,BEKAL,KASARGOD BEKAL, KASARAGOD - 671 121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD - 671 121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD - 671 121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.** - **5 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ABDUL RAHIMAN HAIDER HAJI, PRESIDENT, CHERUMBA HAYATHUL ISLAM, JAMA-ATH COMMITTEE AND MANAGER, CHERUMBA JAMA-ATH ENGLISH MEDIUM SCHOOL, PANAYAL.P.O, BEKAL, KASARAGOD - 671 318.** **W.A.No.173 of 2019 & - 94 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 119 092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 1/2019 IN WA NO. 352/2019.** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 95 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.354 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 20670/2017(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673 601** - **4 THE ASSISTANT EDUCATIONAL OFFICER AEO OFFICE, PERAMBRA, KOZHIKODE-673 525** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 NATIONAL PUBLIC SCHOOL, KOORACHUND-KALLANODE RD, KOORACHUND P.O, KANTHALAD, KOZHIKODE DISTRICT, PIN-673 527 REPRESENTED BY ITS MANAGER, SRI.MATHEW ALEX.** **W.A.No.173 of 2019 & - 96 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 354/2019.** **BY ADVS. SRI.SANTHARAM.P SRI.K.A.MOHAMED HARIS SMT.REKHA ARAVIND GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 97 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.355 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 37056/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REP. BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**OFFICE OF THE DPI,**| ||**JAGATHI,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**PONNANI,**| ||**MALAPPURAM DISTRICT.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE HEAD MASTER**| |---|---| ||**MI ENGLISH MEDIUM SCHOOL,**| ||**KANHIRAMUKKU,**| ||**PONNANI,**| ||**MALAPPURAM DISTRICT-679583.**| ## **W.A.No.173 of 2019 & - 98 - connected cases** **2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.2/2019 IN WA.355/2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 99 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.356 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12249/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT EDUCATION OFFICE, THAVAKKARA, KANNUR-670002.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, KANNUR DISTRICT-670593.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MARKAZ ENGLISH SCHOOL, MARKAZ NAGAR, KOYYOM P.O., KANNUR-670142, REPRESENTED BY ITS MANAGER, P.P.MOHAMMED, S/O.ABDUL KHADER.** **W.A.No.173 of 2019 & - 100 - connected cases** **2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 2/2019 IN WA NO. 356/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 101 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.361 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10603/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695001.** **3 THE DISTRICT EDUCATIONAL OFFICER, STATUE JUNCTION, THIRUVANANTHAPURAM- 695001. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ISA VISWA VIDYALAYAM, ANAYARA P.O., THIRUVANANTHAPURAM- 29, REPRESENTED BY ITS MANAGER SOBHA K.R., D/O.RAJAMMA, ISALAYAM, KADAKAMPALLY LANE, ANAYARA P.O., PETTA, THIRUVANANTHAPURAM-29.** ## **W.A.No.173 of 2019 & - 102 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 361/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 103 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.362 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18640/2017(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.** - **5 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **6 THE ASSISTANT EDUCATIONAL OFFICER, MANJESHWAR, KASARAGOD-671121.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **W.A.No.173 of 2019 & - 104 - connected cases** ## **RESPONDENT/S:** - **1 LEENAMMA THOMAS, W/O.MANI T. JOHN, SECRETARY, ALPHA EDUCATION TRUST AND MANAGER, ALPHA ENGLISH MEDIUM SCHOOL, POVVAL P.O., MULIYAR, KASARAGOD.** - **2 RAGHAVA CHERAL, S/O. KUNA BHADARY, MANAGER, CHERAL ENGLISH MEDIUM SCHOOL, BAYAR P.O, CHIPPAR-671322, KASARAGOD.** - **3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 362/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 105 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.363 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 37442/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD-682030,** - **4 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERY-682002.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER,VIDYADHANAM PUBLIC SCHOOL, MATTANCHERY, ERNAKULAM DISTRICT-682002.** ## **W.A.No.173 of 2019 & - 106 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 363/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 107 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.365 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18334/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** **2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** **5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 S.H.HAMEED, SECRETARY, SANDESHAM YUVA PRATHIBHA KALAKAYIKA SAMSAKARIKA SANGADANA AND MANAGER, SANDESHAM ENGLISH MEDIUM SCHOOL, CHOWKI, KASARAGOD DISTRICT-671121.** **W.A.No.173 of 2019 & - 108 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 365/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 109 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.366 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41413/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683101.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM -682011.** - **5 THE ASSISTANT EDUCATION OFFICER, ALUVA-683101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 NAGLE VIDHYA BHAVAN PRESENTATION CONVENT SCHOOL, REPRESENTED BY ITS MANAGER, KANJOOR(P.O), ANGAMALY, ALUVA, KERALA-683575.** ## **W.A.No.173 of 2019 & - 110 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA.2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 111 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.367 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41675/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-01. 3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY(PO),KOLLAM DISTRICT. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, VELIYAM, ODANAVATTOM P.O, KOLLAM DISTRICT-691512. 5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, VALAKODY P.O., KOLLAM DISTRICT, PIN-691331. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, VIDHYODAYA ENGLISH MEDIUM SCHOOL, CHEPRA P.O, KOLLAM, KOLLAM DISTRICT-691520.** **W.A.No.173 of 2019 & - 112 - connected cases** - **2 THE MANAGER, LITTLE FLOWER LOWER PRIMARY SCHOOL,P PERINTHOYIL, KARAVOOR P.O, KOLLAM DISTRICT-689696.** **3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R3 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.02/2019)** **4 ADDL.R4 J LEELA AGED 72 YEARS W/O LATE SASIDHARAN, MANAGER, LITTLE FLOWER LOWER PRIMARY SCHOOL, PERINTHYOIL, KARAVOOR PO, PUNALUR, KOLLAM DISTRICT, RESIDING AT SREE REVATHY, PUNALURE, KOLLAM DISTRICT. (ADDL.R4 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.03/2019)** **BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 113 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.368 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 30823/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM- 695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM- 695001.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**CHALAKKUDY,**| ||**THRISSUR- 680307.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**IRINJALAKUDA,**| ||**THRISSUR DISTRICT- 680121.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**IRINJALAKUDA- 680121.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 114 - connected cases** ## **RESPONDENT/S:** - **1 THE MANAGER, ST.XAVIERS CMI SCHOOL, PULLUR, THRISSUR DISTRICT680683.** - **2 ADDL.R2 SECRETARY (AFFILIATION)** **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** ## **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 115 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.371 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9949/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKARA, CIVIL STATION, COCHIN-30,** - **3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682035.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM-682035.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MAMBA'A PUBLIC SCHOOL C.M. NAGAR, KARIMUGAL, KARIMUGAL(P.O), ERNAKULAM, REPRESENTED BY ITS MANAGER, V.M. SHAMSUDHEEN BAADARI-682303.** **W.A.No.173 of 2019 & - 116 - connected cases** **2 V.M. SHAMSUDHEEN BADARI, S/O. MOIDEEN, VALLOPILLY HOUSE, KUMARAPURAM(P.O), PALLIKKARA, ERNAKULAM DISTRICT-683565.** **3 CENTRAL BOARD OF SECONDARY EDUCATION, NEAR LIC, PATTOM, THIRUVANANTHAPURAM-695004.** **BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 117 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.372 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 20071/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **4 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 N.P. MUHAMMED SAQUAFI PATHOOR, AGED 42 YEARS, S/O. ABBAS MUSALIYAR, PRESIDENT OF THE KWAJA GARIB NAVAS SANGAM, MANAGER-LATHEEFIYA ENGLISH MEDIUM SCHOOL, SHIRIYA KUNNIL P.O, SHIRIYA-671321, KASARAGOD DISTRICT.** **W.A.No.173 of 2019 & - 118 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 372/2019.** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 119 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.373 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18119/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM PALAKKAD DISTRICT-679101.,** - **5 THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM , PALAKKAD-679101.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.JOSEPHS CONVENT ENGLISH MEDIUM SCHOOL, VEETAMPARA, VARODE P.O., OTTAPALAM-VIA, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER.** **W.A.No.173 of 2019 & - 120 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 373/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 121 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.374 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41713/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, PIN- 680001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695001.** **3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- 695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 RAMDAS KOTTAYIL, MANAGER, PAZHASSIRAJA SCHOOL, KUTHAMPULLY, THIRUVILWAMALA- 680594.** **2 CENTRAL BOARD OF SECONDARY EDUCATION, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 122 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.375 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 27709/2017(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM695014.** - **3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT- 673001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KODUVALLY, KOZHIKODE DISTRICT673572.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, IDEAL ENGLISH SCHOOL, KODUVALLY, KOZHIKODE DISTRICT- 673572.** **W.A.No.173 of 2019 & - 123 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 375/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 124 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.376 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18309/2017(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER BEKAL, KASARAGOD DISTRICT-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PRAKASAN.P.K. CHAIRMAN, VIDYANIKETHAN EDUCATIONAL AND PUBLIC CHARITABLE TRUST MANAGER, CHACHAJI ENGLISH, MEDIUM SCHOOL THEKKEPURAM, AJANUR, MANIKOTH, KANHANGAD, KASARAGOD.** **W.A.No.173 of 2019 & - 125 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO .2/2019 IN W.A NO 376/2019)** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 126 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.377 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7611/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REP.BY ITS SECRETARY,DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682011.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682011.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM-686691.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.GEORGE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, VADATTUPARA, ERNAKULAM,KERALA-686681.** **W.A.No.173 of 2019 & - 127 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO .377/2019)** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 128 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.379 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10423/2018(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 691 001. 2 DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001. 3 ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM DISTRICT - 691 001. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**STELLA MARIS E.M.SCHOOL,**| |---|---| ||**VALIYELA,**| ||**KULATHUPUZHA P.O.,**| ||**KOLLAM DISTRICT - 691310,**| ||**REPRESENTED BY THE MANAGER,**| ||**SR. GINOY V.C., D/O CHAKKAPPAN, AGED 39 YEARS.**| **W.A.No.173 of 2019 & - 129 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 2/2019 IN W.A NO 379/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 130 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.380 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 2367/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM - 695 101.** **4 THE ASSISTATNT EDUCTIONAL OFFICER, ATTINGAL, KILIMANOOR, THIRUVANANTHAPURAM - 695 101. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 VIVEKANANDA PUBLIC SCHOOL, NAVIKULAM, ATTINGAL (VIA), THIRUVANANTHAPURAM DISTRICT - 695 603, REPRESENTED BY ITS MANAGER, P.SUKUMARA KURUP, S/O. S. PADMANABHA KURUP, AGED 63 YEARS, GOKULAM, NAVAIKULAM (P.O), ATTINGAL(VIA), THIRUVANANTHAPURAM.** **W.A.No.173 of 2019 & - 131 - connected cases** **2 ADDL.R2-SECRETARY. (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 1/2019 IN W.A NO 380/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 132 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.381 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18100/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, BEKAL, KASARAGOD DISTRICT - 671 121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT - 671 121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT - 671 121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 SURESH KUMAR P., SECRETARY, MALABAR EDUCATIONAL AND CULTURAL SOCIETY AND MANAGER, LITTLE BIRDS ENGLISH SCHOOL, KANHANGAD, KASARAGOD DISTRICT - 671 315.** **W.A.No.173 of 2019 & - 133 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 381/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 134 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.382 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 27682/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.** **2 THE DIRETOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, VATAKARA-673101.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, VATAKARA-673101.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, KELAPPAJI MEMORIAL N.S.S.ENGLISH MEDIUM SCHOOL, PARAVANTHALA,NUT STREET, VATAKARA, KOZHIKODE-673104.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 135 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.383 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34782/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL,MALAPPURAM DISTRICT-676519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT-676101.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PONNANI,MALAPPURAM DISTRICT-679577.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, SMART ENGLISH SHOOL,VELIYANCODE, PONNANI-679579, MALAPPURAM DISTRICT.** ## **W.A.No.173 of 2019 & - 136 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 383/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 137 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.384 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 2919/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**GENERAL EDUCATION(N)DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OTTAPPALAM,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL**| ||**OFFICER,OTTAPPALAM,**| ||**PALAKKAD**| ||**DISTRICT-678001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 THE ANSAR SCHOOL PADINJHARANGADI,SITUATED AT ANGADI POST,IN PALAKKAD DISTRICT-679552,REPRESENTED BY ITS MANAGER V.MOOSA,AGED 69 YEARS,S/O.AHAMMEDUNNI,(RESIDING AT VADIKKINITHETHIL,HOUSE,P.O.ERAVAKKAD, OTTAPPALAM,PALAKKAD DISTRICT-679552).** ## **W.A.No.173 of 2019 & - 138 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN,SHIKSHA KENDRA,2,COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 139 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.385 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19730/2017(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O,KOLLAM DISTRICT-691001.** **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHATHANNOOR,KOLLAM-691512.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 RAJU N.P. MANAGER, ROSE DALE SCHOOL,THEKKUMKARA,PULLICHIRA.P.O, KOLLAM DISTRICT-691512.** ## **W.A.No.173 of 2019 & - 140 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2018 IN IA 2/2019 IN WA 385/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 141 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.386 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9503/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP.BY THE SECERTARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689691.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689691.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KONNI,PATHANAMTHITTA-689691.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST. GEORGE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, THANNITHODU, PATHANAMTHITTA-689699.** **W.A.No.173 of 2019 & - 142 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 386/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 143 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.388 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 1965/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCTION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 0001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM 695 014. 3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, KOCHI 682 011. 4 ASSISTANT EDUCATIONAL OFFICER, M.G. ROAD, ERNAKULAM, KOCHI 682 016. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.ANNES ENGLISH MEDIUM SCHOOL, PONNARIMANGALAM, MULAVUKAD P.O., ERNAKULAM DISTRICT, 682 504, REPRESENTED BY ITS MANAGER, SR. GABRIEL, SAB D/O. LATE AUGUSTINE AGED 66 YEARS, PANOCHIRA HOUSE, VAYALA P.O., KURAVILANGAD VIA, KOTTAYAM DISTRICT.** **W.A.No.173 of 2019 & - 144 - connected cases** **2 ADDL.R2 SECRETARY (AFFILICATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 1100092.** **ADDL. R2 RESPONDENT IS IMPLEADED AS PER ORDER DATED 18/2/19 IN I.A. 2/19 IN W.A. 388/19** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 145 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.389 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8241/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001,KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001,KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM,KERALA-686001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 SAN THOM PUBLIC SCHOOL, REPRESENTED BY ITS PRINCIPAL,THARAKANATTUKUNNU, CHENAPPADY,KERALA,POST CODE-686520.** **W.A.No.173 of 2019 & - 146 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA,2-COMMUNITY CENTRE, PREET VIHAR,NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 147 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.390 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7545/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT ANNEX-II,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KONNI,**| ||**PATHANAMTHITTA DISTRICT-689691.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**S.N. CENTRAL SCHOOL, KOODAL,**| ||**KONNI,**| ||**PATHANAMTHITTA DISTRICT-689691.**| ## **W.A.No.173 of 2019 & - 148 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 390/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 149 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.391 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 30460/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP.BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695039. 2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, CHALAKKUDY,THRISSUR-680307.** - **4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA,THRISSUR DISTRICT-680121.** - **5 THE ASISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY-680307.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER ST.LIOBA ACADEMY,PERAMBRA.P.O,(NEAR APPOLLO), THRISSUR.** **W.A.No.173 of 2019 & - 150 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 391/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 151 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.392 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10191/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **2 DISTRICT EDUCATION OFFICER, THIRUVALLA- 689101.** - **3 ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA- 689101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 REGIMUNDI E.M. L.P. SCHOOL, THIRUVALLA, REPRESENTED BY ITS MANAGER, SR.MAJESTA CTC, D/O.MARSHAL, AGED 62 YEARS.** - **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 392/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 152 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.393 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 751/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM- 695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM- 695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOZHIKODE,**| ||**KERALA- 673004.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**KOZHIKODE,**| ||**KERALA- 673601.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KUNNAMANGALAM- 673571.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 153 - connected cases** ## **RESPONDENT/S:** - **1 ST. PHILIP NERI CONVENT SCHOOL REPRESENTED BY ITS PRINCIPAL, MARIKUNNU P.O., CHERUVATTA, MOOZHICKEL, KOZHIKODE- 673012.** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCTION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 154 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.394 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5904/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KERALA-670 002** - **4 THE DEPUTY DIRECTOR OF EDUCATION KANNUR, KERALA-670 002** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR , KERALA-670 307** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.ELIZABETH PUBLIC SCHOOL REPRESENTED BY ITS PRINCIPAL, KARIAPPALLY, VELLORA P.O, KANNUR, KERALA-670 306.** **W.A.No.173 of 2019 & - 155 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 156 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.395 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7088/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**THIRUVANANTHAPURAM-695 001, KERALA.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPURAM-695 001, KERALA.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**ATTINGAL,**| ||**KERALA-695 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 157 - connected cases** ## **RESPONDENT/S:** **FATHIMA CONVENT ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, SOUTH ARAYATHURUTHY, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM, KERALA-695 304.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 158 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.396 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19994/2017(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DPI,**| ||**JAGATHI,**| ||**THIRUVANANTHAPURAM.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**PERAMBRA,**| ||**KOZHIKODE.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**PRESIDENT,**| |---|---| ||**NURUL ISLAM MAHAL JAMATH COMMITTEE,**| ||**MULLAMBATH,**| ||**NADUVANNUR P.O.,**| ||**KOZHIKODE.**| **W.A.No.173 of 2019 & - 159 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 160 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.397 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12501/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS,, JAGATHYI,THYCAUD, THIRUVANANTHAPURAM DISTRICT-695014.** - **3 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT-695001.** - **4 ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695121.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 SREE NARAYANA DHARMA SANGHOM TRUST, SIVAGIRI MADHOM, VARKALA-695141, REPRESENTED BY ITS GENERAL SECRETARY.** **W.A.No.173 of 2019 & - 161 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 397/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 162 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.398 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10750/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE- 673001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE- 673001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, TANUR- 676302.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE TANUR N.S.S. KARAYOGAM NURSERY AND PREPARATORY SCHOOL,** **TANUR P.O., KATILANGADI (VIA) MALAPPURAM DISTRICT, PIN- 676302, REPRESENTED BY ITS SECRETARY AJITH KUMAR S.** ## **W.A.No.173 of 2019 & - 163 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 164 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.399 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23054/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101.** **2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 014.** **3 DEPUTY DIRECTOR OF EDUCATION KANNUR - 670 001.** - **4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 VINEETHA ABRAHAM, HEADMASTER, CSI, ENGLISH MEDIUM SCHOOL, MG ROAD, THALASSERY P.O.,THALASSERY, PIN - 670 101.** - **2 ANISH.S. MANAGER, VIDYANEKETHAN ENGLISH MEDIUM SCHOOL, DHARMADAM P.O., DHARMADA, THALASSERY, KANNUR DISTRICT - 670 101.** **W.A.No.173 of 2019 & - 165 - connected cases** **3 SHEEBA.P.C. HEADMASTER, RAINBOW KIDS ENGLISH LP SCHOOL, MUNDALUR P.O., THALASSERY TALUK, KANNUR DIST., PIN - 670 622.** - **4 RASEENA.P. MANAGER, BRENNEN ENGLISH SCHOOL, KUTHUPARAMBA, THALASSERY TALUK, PIN- 670 643.** - **5 ADDL.R5-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 166 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.400 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9496/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER THIRUVANANTHAPURAM-695 001** - **4 THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM-695 001** - **5 THE ASSISTANT EDUCATIONAL OFFICER NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, POSTAL CODE-695 541** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 SACRED HEART JYOTHI CENTRAL SCHOOL REPRESENTED BY ITS MANAGER, ARASUPARAMBU, NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, POSTAL CODE-695 541.** ## **W.A.No.173 of 2019 & - 167 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2- COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 168 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.401 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7794/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.** - **3 DISTRICT EDUCATIONAL OFFICER KOLLAM-691001.** - **4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA-691583,KOLLAM DISTRICT.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER FR.SOSIOS ENGLISH MEDIUM SCHOOL,PAVUMBA,KOIVILA, KOLLAM-691590.** ## **W.A.No.173 of 2019 & - 169 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 170 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.402 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6496/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695101.** - **4 ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR-695601.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **MANAGER, MAR GREGORIOS MEMORIAL INTERNATIONAL SCHOOL, KILIMANOOR,THIRUVANANTHAPURAM-695601.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 171 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.404 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 31912/2014(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695 039**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**JAGATHY P.O, THIRUVANANTHAPURAM-695 014**| |**3**|**DEPUTY DIRECTOR OF EDUCATION.**| ||**CIVIL STATION, PALAKKAD-678 001**| |**4**|**ASSISTANT EDUCATIONAL OFFICER**| ||**PARALI, GOVERNMENT U.P. SCHOOL, PREMISES,**| ||**EDATHARA P.O, PALAKKAD DISTRICT-678 611**| |**5**|**ASSISTANT EDUCATIONAL OFFICER**| ||**KOPPAM P.O, PALAKKAD-678 001**| |**6**|**ASSISTANT EDUCATIONAL OFFICER**| ||**MANNARKAD, PALAKKAD-678 582**| |**7**|**ASSISTANT EDUCATIONAL OFFICER**| ||**SHORNUR, GOVERNMENT PRESS PREMISES,**| ||**KULAPPULLY P.O, SHORNUR-679 121**| |**8**|**ASSISTANT EDUCATIONAL OFFICER**| ||**ALATHUR, PALAKKAD-678 541.**| **W.A.No.173 of 2019 & - 172 - connected cases** ## **9 ASSISTANT EDUCATIONAL OFFICER WADAKKANCHERY, THRISSUR DISTRICT-680 582** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, DYNAMIC ENGLISH MEDIUM SCHOOL DYNAMIC ENGLISH MEDIUM SCHOOL, MANKARA P.O, PALAKKAD DISTRICT-678 613** - **2 THE MANAGER** - **HOLY FAMILY CONVENT (LP) SCHOOL, MUNDAKUNNU, KANJIRAPPUZHA P.O, PALAKKAD-678 591** - **3 SR. GEETHA MANAGER, HOLY FAMILY CONVENT (EM) SCHOOL, THACHAMPARA P.O, PONNAMKODE, PALAKKAD.** - **4 MANAGER VICTORY ENGLISH MEDIUM SCHOOL, MANNARKAD, PALLIKUNNU P.O, PALAKKAD DISTRICT-678 582** - **5 M. SIVADASAN MANAGER, NSS ENGLISH MEDIUM SCHOOL, ALANALLUR-678 601** - **6 MANAGER BRIGHT AND BRILL PUBLIC SCHOOL, KADATHIPPADY, MANNARKKAD, PALAKKAD DISTRICT-678 582** - **7 MANAGER** - **N.I. ENGLISH SCHOOL, MADRASSA HALL, SHORANUR, PALAKKAD DISTRICT-679 121** - **8 THE MANAGER ARCADIA ENGLISH MEDIUM SCHOOL, KAYILLAD POST, SHORANUR-679 122, PALAKKAD DISTRICT.** - **9 THE MANAGER RADIANT ENGLISH MEDIUM SCHOOL, NEAR MUNICIPALITY, SHORNUR-679 121.** **W.A.No.173 of 2019 & - 173 - connected cases** - **10 MANAGER** - **NEW SUMA ENGLISH MEDIUM SCHOOL, CHUDUVALATHUR, SHORANUR, PALAKKAD-679 121** - **11 MANAGER** - **SREE VIDYAVIHAR, OPP. SIMCO, CO. KULAPPULLY, SHORNUR-679 122** - **12 MANAGER** - **NSS BALANIKETHAN ENGLISH MEDIUM SCHOOL, MARUTHA ROAD P.O, PALAKKAD.** - **13 MANAGER** - **SREEVIDYANIKETHAN, ENGLISH MEDIUM SCHOOL, NATTUKAL, MANNAPRA, ALATHUR, PALAKKAD-678 685** - **14 MANAGER, LITTLE FLOWER PUBLIC SCHOOL, PUTHIYANKAM, PEZHUMPARAMBA, ALATHUR, PALAKKAD-678 541** - **15 MANAGER** - **AMS MODEL ENGLISH MEDIUM SCHOOL, CHEERAKUZHI, MOOLANCODE P.O, PALAKKAD DISTRICT-678 683** - **16 C.T. THOMAS MANAGER, RETM ENGLISH MEDIUM SHCOOL, PULIMOOTAM, MANNAPRA P.O, PALAKKAD DISTRICT-678 685** - **17 THE DIRECTOR SAPHIRE PUBLIC SCHOOL KAMMANTHARA, VADAKKANCHERY-678 683** - **18 SECRETARY** - **MANAGING COMMITTEE N.S.S. ENGLISH MEDIUM SCHOOL, MUDAPPLUR P.O, 678 705** - **19 MANAGER** - **ENGLISH MEDIUM L.P. SCHOOL, KAVASSERY, VALAKKAD, ALATHUR, PALAKKAD-678 541** - **20 HAMSA H** - **MANAGER, AL-IRSHAD ENGLILSH MEDIUM SCHOOL, VANNUR ROAD, ALATHUR, PALAKKAD DISTRICT-678 541.** - **21 MANAGER** **AL-IRSHAD ENGLISH MEDIUM SCHOOL, THONIPPADAM, VAVULLIYAPURAM, PALAKKAD-678 543** - **22 PRASANNAKUMARAN** **CHAIRMAN, PRASTAN ENGLISH SCHOOL, KANJIRASSERY, MULLOORKARA P.O, IRUNILAMKODE, THRISSUR DISTRICT-680 583** **- 174 -** **W.A.No.173 of 2019 & connected cases** - **23 MANAGER** **BEWERNIC ENGLISH MEDIUM SCHOOL, KALLEPADAM, PAZHAYANNUR, TRICHUR DISTRICT-680 587** - **24 MANAGER** - **VIDYA JYOTHI ENGLISH MEDIUM L.P. SCHOOL, AYAKKAD, VADAKKANCHERY, PALAKKAD DISTRICT-678 683** - **25 MANAGER** - **M.M. ENGLISH MEDIUM SCHOOL, THANNERCODE, PALAKKAD DISTRICT-679 536** - **26 MANAGER** - **VALLUVANAD ENGLISH MEDIUM SCHOOL, SHORNUR, PALAKKAD DISTRICT-679 121** - **27 MANAGER** - **K.H. MEMORIAL ENGLISH MEDIUM SCHOOL, MANJAKULAM , PALAKKAD-678 012** - **28 M.S. BABU, S/O. SANKARA NARAYANAN, AGED 45 YEARS, MADATHIL HOUSE, CHERUTHURUTHY, THRISSUR DIST.-679 531** - **29 ADDL.R29. SECRETARY (AFFILIATION)** - **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R29 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SRI.V.G.ARUN (K/795/2004) SMT.INDULEKHA JOSEPH SRI.NEERAJ NARAYAN SMT.V.JAYA RAGI SMT.NIGI GEORGE SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 175 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.405 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10055/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014.** **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 670 519.** **4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, B2 BLOCK, MALAPPURAM - 676 505. 5 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM DISTRICT- 679 576.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, BRIGHT LINE ENGLISH MEDIUM SCHOOL, KALADI, MALAPPURAM DISTRICT, PIN - 679 582.** **W.A.No.173 of 2019 & - 176 - connected cases** **2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI - 110 001. 110001 3 THE CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 092 REPRESENTED BY ITS SECRETARY.** **BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.JAISHANKAR V.NAIR, CGC** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 177 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.406 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23109/2017(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 DISTRICT EDUCATIONAL OFFICER, THRISSUR - 680 012.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 017.** **3 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 017.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE PRINCIPAL, LITTLE QUEEN PUBLIC SCHOOL, OLARIKKARA, THRISSUR- 680 012.** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 406/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 178 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.407 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7709/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** **3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 009. 4 THE ASSISTANT EDUCATIONAL OFFICER, KULAKKADA - 691 521.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MARTHOMA RESIDENTIAL SCHOOL, ZIONKUNNU, KULAKKADA, KOTTARAKKARA, KOLLAM, REPRESENTED BY ITS PRINCIPAL AND AUTHORIZED SIGNATORY REV. JOHN P. JOY, PIN - 691 521.** ## **W.A.No.173 of 2019 & - 179 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 407/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 180 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.408 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22441/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY THE SECRETARY TO GOVERNMENT, GENERAL**| ||**EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM- 695 001**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTION**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**JAGATHI, THIRUVANANTHAPURAM - 695 014**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**PUZHATHI HOUSING COLONY, KANNUR, KERALA - 670 002.**| |**4**|**THE DISTRICT EDUCATION OFFICE**| ||**OFFICE OF THE DISTRICT EDUCATION OFFICE, MINI CIVIL**| ||**STATION, TALIPARAMBA, KANNUR - 670 141.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**PAYYANNUR, KANNUR - 670 307.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 181 - connected cases** ## **RESPONDENT/S:** **1 JOSEPH P.P., AGED 55 YEARS S/O. PHILIP P.P, MANAGER, VISWAJNAN ENGLISH SCHOOL, PULINGOME, CHUNDA P.O, KANNUR - 670 511** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 408/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 182 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.409 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 30259/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE ASSISTANT EDUCATIONAL OFFICER, MANJESWAR AT UPPALA, MANJESHWAR, KASARAGOD DISTRICT-671 323. 2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671 121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671 121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, TIRUVANANTHAPURAM-695 001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANIMUNDA EDUCATIONAL SOCIETY MANIMUNDA, NEAR RAILWAY STATION, UPPALA P.O., KASARAGOD DISTRICT, PIN-671 322, REPRESENTED BY ITS PRESIDENT.** ## **W.A.No.173 of 2019 & - 183 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 3/19 IN WA 409/19** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 184 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.410 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 32760/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 DEPUTY DIRECTOR OF EDUCATION, 2ND FLOOR, CIVIL STATION, THRISSUR. 4 THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT-680121. 5 THE ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR DISTRICT-680 732. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 AL-AMEEN CHERAMAN MALIK PUBLIC SCHOOL, THIRUVANCHIKULAM, NEAR CHERAMAN MASJID, KODUNGALLOOR, THRISSUR-680 664.** ## **W.A.No.173 of 2019 & - 185 - connected cases** **2 THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301.** **BY ADV. SRI.A.A.MOHAMMED NAZIR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 186 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.411 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19174/2017(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691013.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM- 691013.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR- 691572.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MOUNT HIRA PUBLIC SCHOOL, PALLIKUDAM JUNCTION, ERAVIPURAM, KOLLAM, PIN- 691011.** **W.A.No.173 of 2019 & - 187 - connected cases** - **2 THE MANAGING DIRECTOR, CREATIVE INDIAN SCHOOL, CREATIVE AVENUE, NEAR B.ED COLLEGE, PALLIMUKKU, KOLLAM- 691010.** - **3 THE MANAGER, THE PHOENIX PUBLIC SCHOOL, PARAVUR, KOLLAM- 691301.** - **4 ADDL.R4. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** ## **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 188 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.412 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11666/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM- 682001.** - **4 ASSISTANT EDUCATIONAL OFFICER, EDAVANAKKAD, PIN- 682502.** - **5 DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM- 682001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, ST.GEORGE CARMEL PUBLIC SCHOOL, VADEL, NAYARAMBALAM, VADEL, ERNAKULAM DISTRICT, PIN- 682509.** ## **W.A.No.173 of 2019 & - 189 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 190 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.413 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10267/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001** - **4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT-690 101** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR, CHENGANNUR, ALAPPUZHA DISTRICT-689 121** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, ST. MARYS ENGLISH MEDIUM SCHOOL, KALLISSERY, CHENGANNUR, ALAPPUZHA DISTRICT-689 124.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 191 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.414 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 33310/2017(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT, 3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, CHOKLI, KANNUR DISTRICT-670 672 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE PRINCIPAL, MES PUBLIC SCHOOL KARIYAD, P.O. PULIYANABRAM, KANNUR DISTRICT-670 675.** ## **W.A.No.173 of 2019 & - 192 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 414/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 193 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.415 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9564/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695030.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**CIVIL STATION,**| ||**THALASSERY-670101.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**CIVIL STATION,**| ||**KANNUR-670002.**| |**5**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**MINI CIVIL STATION,**| ||**TALIPARAMBA-670141.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **W.A.No.173 of 2019 & connected cases** ## **- 194 -** ## **RESPONDENT/S:** - **1 MANAGER, BLUE BELL KINDER GARDEN AND PRIMARY SCHOOL, KELOTH, PAYYANNUR P.O., PIN-670307.** - **2 MANAGER, BUTTERFLY ENGLISH MEDIUM SCHOOL, VADAKKANCHERY P.O., MUYYAM-670142.** - **3 MANAGER, SIM PUBLIC SCHOOL, KIZHUNNA (P.O), THOTTADA, KANNUR-670 007** - **4 GENERAL SECRETARY, MATHAMANGALAM PUBLIC SCHOOL, MATHAMANGALAM BAZAR (P.O), KANNUR-670306.** - **5 MANAGER, TALENT ENGLISH SCHOOL, KALLIASSERY CENTRAL, ANCHAMPEEDIKA (P.O), PIN-670331.** - **6 CHAIRMAN,** - **BLUE MOUNT ENGLISH SCHOOL, KARTHIKAPURAM, KARTHIKAPURAM (P.O), ALAKODE-670571.** - **7 MANAGER, ST. THOMAS ENGLISH MEDIUM SCHOOL, EDOOR, PAYAM (P.O), PIN-670704.** - **8 MANAGER,** **TRACK ENGLISH MEDIUM SCHOOL, VALLITHODE, KILIYANTHARA (P.O), PIN-670706.** **9 MANAGER, BAPPUJI ENGLISH MEDIUM SCHOOL, MALOOR (P.O), MATTANNUR (VIA), PIN-670702.** - **10 MANAGING TRUSTEE, CONCORD PUBLIC SCHOOL, MATTANNUR, MATTANNUR VIA -670595.** **11 SECRETARY, SREE NARAYANA NURSERY AND UP SCHOOL, KANNOTHUMCHAL, CHOVA-670006.** **W.A.No.173 of 2019 & - 195 - connected cases** - **12 MANAGER, BAPPUJI ENGLISH MEDIUM SCHOOL, PERAVOOR, PERUMPUNNA (P.O), KANNUR DISTRICT-670673.** **13 ADDL. R13. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R13 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 415/2019.** **BY ADVS.** **SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 196 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.416 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 17892/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM-695001.** **2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **4 THE DISTRICT EDUCATION OFFICER, KANHANGAD, KASARAGOD-671315.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD-671313.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PEACE INTERNATIONAL SCHOOL, REPRESENTED BY ITS MANAGER, AYITTY JUNCTION, TRIKARPUR, KASARAGOD-671310.** ## **W.A.No.173 of 2019 & - 197 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 416/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 198 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.417 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7950/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION (N) DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KANIYAPURAM,**| ||**THIRUVANANTHAPURAM DISTRICT-695301.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 KH M.J.PUBLIC SCHOOL, SITUATED AT KHABARADI NAGAR, KOITHOORKONAM P.O., THIRUVANANTHAPURAM DISTRICT-695584, REPRESENTED BY ITS MANAGER, ABDUL RASHEED M., AGED 62 YEARS, S/O. MUHAMMED HANEEFA, RESIDING AT HASHIRA MANZIL, MOHANAPURAM, KOITHOORKONAM P.O., THIRUVANANTHAPURAM DISTRICT-695584.** **W.A.No.173 of 2019 & - 199 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 417/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 200 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.418 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23052/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, IRITTY, KANNUR DISTRICT - 670 703.** - **2 THE DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101,KANNUR DISTRICT.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT, PIN - 670 001.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT FOR GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 K.V.RASHEED, SECRETARY, GLOBAL INDIA EDUCATION AND CHARITABLE TRUST AND MANAGER GLOBAL INDIA PUBLIC SCHOOL, IRITTY, VILAKKOD.P.O, KANNUR DISTRICT - 670 703.** ## **W.A.No.173 of 2019 & - 201 - connected cases** **2 REGIONAL OFFICER, CBSE REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 001.** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 202 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.420 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39484/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT - 673 001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KOZHIKODE DISTRICT - 673 571.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, SACRED HEART NATIONAL SCHOOL, CHULUR P.O., CHATHAMANGALAM, KOZHIKODE DISTRICT - 673 601.** ## **W.A.No.173 of 2019 & - 203 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 420/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 204 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.421 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 569/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**MANNARKKAD, PIN - 678 582.**| |**4**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**NEAR RAILWAY STATION, OTTAPALAM - 679 101.**| |**5**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**PRESS CLUB ROAD, PALAKKAD - 678 001.**| |**6**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**MANNARKKAD - 678 582.**| |**7**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**CHITTUR- 678 101.**| |**8**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| **W.A.No.173 of 2019 & - 205 - connected cases** ## **OTTAPALAM - 679 101.** - **9 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERUPULASSERY, PIN - 679 403.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 PRINCIPAL,** - **DHARUL FURQAN ENGLISH MEDIUM SCHOOL, CHIRAPPADAM, THENKARA P.O.MANNARKKAD, PALKAKKAD - 678 582.** - **2 MANAGER,** **GALAXY ENGLISH MEDIUM SCHOOL, ALANALLUR, PALAKKAD, PIN - 678 601.** - **3 MANAGER,** - **MERIDIAN ENGLISH SCHOOL, ERATTAVARI, AMBALAPARA, THIRUVIZHAMKUNNU P.O.MANNARKKAD, PALAKKAD - 678 801.** - **4 MANAGER,** **ST. ANTONY'S ENGLISH MEDIUM SCHOOL, M.E.S KALLADI COLLEGE P.O., KUNTHIPUZHA, MANNARKKAD, PALAKKAD - 678 582.** - **5 MANAGER,** **VICTORY ENGLISH MEDIUM SCHOOL, CHANDAPETTA, KOZHIPPARA P.O., PALAKKAD, PIN - 678 557.** **6 MANAGER, HOLY TRINITY SCHOOLS, THRITHUMALA, KALKANDI P.O., ATTQAPPADI, PALAKKAD, PIN - 678 582.** - **7 MANAGER,** - **ST. FRANCIS, ENGLISH MEDIUM SCHOOL, KADAMBUR, OTTAPPALAM, PALAKKAD, PIN - 679 515.** **8 MANAGER HOLY MARY ENGLISH MEDIUM SCHOOL, HIGH SCHOOL ROAD, CHERUPLASSERY, PALAKKAD - 679 503.** **W.A.No.173 of 2019 & - 206 - connected cases** **9 ADDL.R9 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R9 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 207 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.422 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6580/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT - 695 036.** **4 THE ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT - 695 601. 5 THE ASSISTANT EDUCATIONAL OFFICER, VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 141.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE HEADMASTRESS, ST.JOSEPH OF CLUNY PUBLIC SCHOOL, VELLAMKOLLY, NAGAROR P.O., THIRUVANANTHAPURAM DISTRICT - 695 102.** ## **W.A.No.173 of 2019 & - 208 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 422/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 209 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.424 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9925/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001. 4 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, KOLLAM, PIN - 691 305.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **K.DINESAN, AGED 62 YEARS, S/O S KARTHIKEYAN, DEEPAK NIVAS, KAMUKUMCHERRY, AWANEESWARAM P.O., PIN - 691 508, KOLLAM DISTRICT, MANAGER, FURUS PUBLIC SCHOOL, AWANEESWARAM P.O., KOLLAM DISTRICT.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 210 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.425 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32617/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL (N) EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001** - **3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA - 685 582** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MARY MATHA PUBLIC SCHOOL, SITUATED AT MULLARINGAD IN IDUKKI DISTRICT-685 582, REPRESENTED BY ITS MANAGER SR.QUEENCY S.D., AGED 71 YEARS, D/O.LATE O.V.PETER, RESIDING AT PROVINCE HOUSE, ASSOCIATION OF THE SISTERS OF DESTITUTE ST. VINCENT, IDUKKI DISTRICT - 685 582.** **W.A.No.173 of 2019 & - 211 - connected cases** **2 THE SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 425/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 212 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.426 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 18130/2017(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIT, THIRUVANANTHAPURAM-695001.** - **6 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD-671315.** - **7 THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, KASARAGOD-671001.** - **8 THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHOOR, KASARAGOD-671313.** - **9 THE ASSISTANT EDUCATIONAL OFFICER, BAKEL, KASARAGOD-671318.** **W.A.No.173 of 2019 & - 213 - connected cases** **10 THE ASSISTANT EDUCATIONAL OFFICER, MANJESHWARA (AT UPPALA), KASARAGOD-671323.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 K.V. SURESHKUMAR, S/O K.V. KUNHAMBU, MANAGING TRUSTEE, BRILLIANT EDUCATIONAL TRUST AND MANAGER, BRILLIANT ENGLISH MEDIUM, SCHOOL, THAIKKADAPPURAM, NILESHWARAM, KASARAGOD DISTRICT.** - **2 A.V. RAGHAVAN, S/O K.V. RAMAN, MANAGER, MALABAR EDUCATIONAL AND CULTURAL SOCIETY, KANHANGAD, KASARAGOD DISTRICT.** - **3 SUMATHI, MANAGER, MODEL ENGLISH MEDIUM SCHOOL, PERIYA, PERIYA P.O., BAKEL FORT (VIA), KASARAGOD DISTRICT.** - **4 GOURI SHANKAR M., S/O VASUDEVA M, SECRETARY, KEEKAN EDUCATIONAL AND CHARITABLE TRUST AND MANAGER, NALANDA ENGLISH MEDIUM SCHOOL KEEKANAM, KEEKAN P.O.(VIA), BEKALFORT-671316, KASARAGOD DISTRICT.** - **5 BHASKARAN P., S/O A. RAMAN, MANAGER, VRINDAVAN ENGLISH MEDIUM L.P. SCHOOL, NANDAPURAM, KANHIRAPOIL P.O., ANANDASHARAM (VIA)-671531.** - **6 ABDUL HAMEED A.B., S/O ABDUL RAHIMAN P.A., MANAGER, AL-AMEEN PUBLIC SCHOOL, MOGRAL PUTHUR, CHENGALA, KASARAGOD DISTRICT.** - **7 RABIA,** **D/O ABDUL SAMAD, MANAGER, AL-MADEENA ENGLISH MEDIUM SCHOOL, PAIVALIKE NAGAR, UPPALA, KASARAGOD DISTRICT.** **W.A.No.173 of 2019 & - 214 - connected cases** **8 ADDL.R8 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R8 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.M.SASINDRAN SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 215 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.427 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6805/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHPAURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-682 030** - **4 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVOOR, ERNAKULAM DISTRICT-683 513 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.THOMAS ENGLISH MEDIUM U.P.SCHOOL, NORTH KUTHIATHODE, NORTH KUTHIATHODE (P.O), ALUVA, VIA, ERNAKULAM DISTRICT-683 594, REPRESENTED BY ITS MANAGER, FR.JOSE MAIPPAN, S/O.VARGHESE MAIPPAN, MAIPPAN HOUSE, AMALAPURAM, AYYAMPUZHA (P.O) KALADY VIA, ERNAKULAM DISTRICT.** **W.A.No.173 of 2019 & - 216 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 427/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 217 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.428 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38970/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**KANJHANGAD-671315.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 THE MANAGER, PEACE INTERNATIONAL SCHOOL, AYITTY JUNCTION, TRIKARIPUR, KASARGOD-671310.** ## **W.A.No.173 of 2019 & - 218 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 219 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.429 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5888/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 039.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-685014.** **3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.** **4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR, KOZHIKODE DISTRICT-673017.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE PRINCIPAL, DAWN PUBLIC SCHOOL, THALAKULATHUR, KOZHIKODE, KOZHIKODE DISTRICT -673 616.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 220 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.430 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34988/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION (N) DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT, AYYANTHOLE, THRISSUR-680003. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE OXFORD ENGLISH SCHOOL, SITUATED AT KANNOTH POST, MULLASSERY IN THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER MR. ABDUL GAFOOR SAQAFI M.E., RESIDING AT VENKITANGU, VANIVILASAM SCHOOL ROAD, P.O. VANKITANGU, THRISSUR DISTRICT-680510.** **W.A.No.173 of 2019 & - 221 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.) SMT.P.J.RAZIA BEEVI SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 222 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.431 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8115/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM-695 039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014** - **3 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001** - **4 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691 001** - **5 ASSISTANT EDUCATIONAL OFFICER, CHAVARA, KOLLAM DISTRICT-691 583.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SECRETARY, SREE BUDDHA FOUNDATION, EDAKULANGARA P.O., KARUNAGAPPALLY, KOLLAM-690 523.** **W.A.No.173 of 2019 & - 223 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 431/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 224 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.432 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13661/2018(G) OF HIGH COURT OF KERALA.** ## **APPELLANT/S:** - **1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695014.** - **3 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691019. 4 DISTRICT EDUCATIONAL OFFICER, KOLLAM-691019. 5 ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT-690518.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 VIMALA HRIDAYA ENGLISH MEDIUM SCHOOL, CLAPPANA, CLAPPANA P.O., KARUNAGAPPALLY VIA, KOLLAM DISTRICT-690525, REPRESENTED BY ITS CORPORATE MANAGER, REV. MOTHER REXIA MARY, D/O.ALBERT, AGED 51 YEARS, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA P.O., PALATHARA, KOLLAM.** **W.A.No.173 of 2019 & - 225 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 432/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 226 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.434 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 2390/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** **3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, KOLLAM-691001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 GRACE INTERNATIONAL SCHOOL SITUATED AT VAZHAPPALLY, UMAYANALLOOR POST IN KOLLAM DISTRICT-691589, REPRESENTED BY ITS MANAGER, SRI. KUNJUMUHAMMED THAHA, AGED 70 YEARS, SON OF LATE KUNJUKUHAMMED, (RESIDING AT HIRA MANZIL P.O., UMAYANALLOOR.** ## **W.A.No.173 of 2019 & - 227 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 228 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.435 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18227/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 GOVERNMENT OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685 603.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, PEERMADE, IDUKKI DISTRICT, PIN-685 531.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.MATHEWS U.P.SCHOOL, WALLARDIE, 62ND MILE, VANDIPERIYAR,IDUKKI DISTRICT, PIN-685533,REPRESENTED BY ITS MANAGER, SR.RUTH.** ## **W.A.No.173 of 2019 & - 229 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 435/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 230 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.436 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11136/2018(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689645.** - **5 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645.** - **6 THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645.** - **7 THE ASSISTANT EDUCATIONAL OFFICER, KONNI-689619.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **- 231 -** **W.A.No.173 of 2019 & connected cases** ## **RESPONDENT/S:** - **1 ZION CENTRAL SCHOOL, T.B. ROAD, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, MR.K.K. CHERIYANJEE-689645.** - **2 SREE NARAYANA PUBLIC SCHOOL, THEKKUTHODU P.O., KONNI, PATHANAMTHITTA DISTRICT-689699, REPRESENTED BY ITS MANAGER MR. KOCHU JANARDHANAN.** - **3 ST.ANTONY'S ENGLISH MEDIUM SCHOOL (CBSE), THANNITHODE, THANNITHODE P.O., PATHANAMTHITTA-689699, REPRESENTED BY ITS MANAGER FR.JOHNSON V. MATHEW.** - **4 AGAPE ENGLISH MEDIUM SCHOOL, AGAPE CENTRE, NJAKKUNILAM P.O., V. KOTTAYAM, PATHANAMTHITTA DISTRICT-689656, REPRESENTED BY ITS MANAGER MR. ACHENKUNJU P.A.** - **5 ST. IGNATIUS ENGLISH MEDIUM SCHOOL, VAZHAMUTTAM EAST P.O., MALLASSERY, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, FR.ROY CHACKO-689647.** - **6 MARTHOMA ENGLISH MEDIUM SCHOOL (CBSE), MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, RE.C. JOSEPH-689501.** - **7 NORAN ELIAS ENGLISH MEDIUM SCHOOL, MANJINIKARA, MATHOOR P.O.,** - **PATHANAMTHITTA REPRESENTED BY ITS CARE TAKER, FR. ABBY STEPHEN-689647.** - **8 IDEAL ENGLISH SCHOOL, KOZHENCHERRY EAST P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, MARY JOHNSON-689641.** - **9 ST. THERASA'S E.M.U.P. SCHOOL, ANGADI-RANNI, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, FR. JAMES PATTATHETTU-689672.** - **10 AL AMAN ENGLISH MEDIUM SCHOOL (CBSE), PATHANAMTHITTA, REPRESENTED BY MANAGER, HAJI A.M. SALAHUDDIN-689699.** **W.A.No.173 of 2019 & - 232 - connected cases** - **11 BALABHAVAN ENGLISH MEDIUM SCHOOL, IGO CAMPUS ANNEXE, EAST OTHERA P.O., THIRUVALLA, REPRESENTED BY ITS MANAGER, MAJOR V.I. LUKOSE-689546.** - **12 MARTHOMA ENGLISH MEDIUM SCHOOL, PATHANAMTHITTA, VATTAMKALAYIL HOUSE, MEKOZHOOR, REPRESENTED BY ITS MANAGER, MR. WILSON MATHEW-689678.** - **13 ST.MARY'S ENGLISH MEDIUM LOWER PRIMARY SCHOOL, THUMPAMOM, THUMPAMONM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, FR.TITUS GEORGE-689502.** - **14 LITTLE ANGELS ENGLISH MEDIUM SCHOOL, VECHOOCHIRA, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, MR. V.S. VARUGHESE-686511.** - **15 ADDL. R15. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** - **ADDITIONAL R15 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 436/2019.** **BY ADVS. SRI.GEORGE ZACHARIAH ERUTHICKEL SRI.S.NIRMAL** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 233 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.437 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 346/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**DIRECTORATE OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM, PIN-695 014.**| |**3**|**DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA,**| ||**PIN-688 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 MANAGER,ABBOT GREGORY ENGLISH MEDIUM SCHOOL, KARICHAL, PAYIPAD P.O., ALAPPUZHA DISTRICT, PIN-695 056. 2 THE SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, NEHRU PLACE, NEW DELHI, PIN-110 505.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 234 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.438 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9069/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN CODE-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER KOTTAYAM-686 001, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001, KERALA.** - **5 THE ASSISTANT EDUCATION OFFICER, KURAVILANGADU, KERALA-686 001** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 JJ MURPHY MEMORIAL PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, YENDAYAR, KOTTAYAM, KERALA, POSTAL CODE-686 514** ## **W.A.No.173 of 2019 & - 235 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 236 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.439 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9498/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA-688 001, KERALA** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001, KERALA** - **5 THE ASSISTANT EDUCATION OFFICE, ALAPPUZHA-688 001, KERALA** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 RAJAGIRI ST.CHAVARA CMI PUBLIC SCHOOL ST.CHAVARA CMI PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MANAPPURAM, CHERTHALA, ALAPPUZHA, KERALA-688 526.** **W.A.No.173 of 2019 & - 237 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **BY ADVS.** **SRI.JOSE ABRAHAM SRI.MANU SRINATH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 238 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.440 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7893/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM - 686 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KURAVILANGADU, KERALA - 686 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KURAVILANGADU, KERALA - 686 001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.LUIGI SCHOOL, REPRESENTED BY ITS HEADMISTRESS, AYMANAM, KOTTAYAM, KERALA, POSTAL CODE - 686 027** ## **W.A.No.173 of 2019 & - 239 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 240 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.441 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12142/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI, KERALA - 685 584.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.JOSEPHS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, THELITHODE, MANKUVA P.O., IDUKKI, KERALA - 685 604.** **W.A.No.173 of 2019 & - 241 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADVS. SRI NIRMAL S. (B/O) SRI.SANJAY R. HEGDE (SR.) SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 242 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.443 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38023/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 506, KOLLAM.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 INFANT JESUS ENGLISH MEDIUM NURSERY AND L.P.SCHOOL, REPRESENTED BY ITS PRINCIPAL, ODANAVATTOM, KOTTARAKKARA, KOLLAM DISTRICT, KERALA - 691 512.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2,COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** ## **W.A.No.173 of 2019 & - 243 - connected cases** **3 CENTAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2- COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 244 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.444 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9501/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PAZHAVADI, NEDUMANGAD, KERALA - 695 541.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 KRISTU KIRAN ENGLISH MEDIUM SCHOOL,, REPRESENTED BY ITS MANAGER, THOLIKODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM, KERALA- 695 541.** **W.A.No.173 of 2019 & - 245 - connected cases** **2 ADDL. R2. SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/2/18 IN IA 2/2019** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 246 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.445 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9504/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 005, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005, KERALA.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.ANTONYS ENGLISH MEDIUM LP SCHOOL, REPRESENTED BY ITS MANAGER, ALAPPUZHA, KERALA - 689 595.** **W.A.No.173 of 2019 & - 247 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 445/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 248 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.446 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22388/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001** - **2 THE DIRECTOR OF PUBLIC INSTURCTIONS, THIRUVANANTHAPURAM - 695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.** - **4 ASSISTANT EDUCATIONAL OFFICER, KOLLAM - 691 001 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**K.SIVAPRAKASH,**| |---|---| ||**MANAGER, MAHATMA MODEL SCHOOL, KANJAVELY P.O.,**| ||**PARAKKULAM, KOLLAM - 691 602**| |**2**|**SINDHU S.,**| ||**HEADMISTRESS, MAHATMA MODEL SCHOOL,**| ||**KANJAVELY P.O., PARAKKULAM, KOLLAM - 691 602.**| ## **W.A.No.173 of 2019 & - 249 - connected cases** **3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 446/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 250 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.450 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10064/2018(G) 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 INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676 519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM - 676 101.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM - 679 576.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, MALABAR ENGLISH MEDIUM SCHOOL, POTHANUR, POLPPAKARA, MALAPPURAM - 679 576.** **2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW DELHI - 110 001.** **W.A.No.173 of 2019 & - 251 - connected cases** **3 THE CENTRAL BOARD OF SECONDARY EDUCATION AFFILIATION BRANCH, SHIKSHA KENDRA, 2 - COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092, REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 252 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.451 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 40117/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**KOZHIKODE DISTRICT - 673 001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KUNNUMANGALAM,**| ||**KOZHIKODE DISTRICT - 673 571.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE PRINCIPAL,**| |---|---| ||**PRATHEEKSHA ENGLISH SCHOOL,**| ||**SNEHAPURAM,**| ||**PAZHOOR.P.O,**| ||**MAVOOR,**| ||**KOZHIKODE DISTRICT - 673 661.**| **W.A.No.173 of 2019 & - 253 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 254 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.452 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6976/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584.** - **4 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI, KERALA - 685 584** - **5 THE ASSITANT EDUCATIONAL OFFICER, IDUKKI, KERALA - 685 584** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 P.M.A.ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, PERUVANTHANAM P.O, IDUKKI, KERALA - 685 532.** **W.A.No.173 of 2019 & - 255 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 256 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.453 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6981/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIURVANANTHAPURAM-695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGADU, KERALA, 695 001** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 NUZZO ENGLISH VIDYALAYA, REPRESENTED BY ITS MANAGER, VATTAPPARA P.O.THIRUVANANTHAPURAM- 28.** **W.A.No.173 of 2019 & - 257 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 258 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.454 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10420/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-683513. 3 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVOOR-683513.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.FRANCIS ASSISSI E.M.SCHOOL, MADAPLATHURUTH, MOOTHAKUNNAM P.O., VADAKKEKKARA, ERNAKULAM DISTRICT, REP.BY ITS MANAGER, SR.LINCY THUNDATHIL, D/O.JOSSY, AGED 38 YEARS.** - **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/19.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 259 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.455 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8950/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695006. 3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673601.** **4 THE ASSISTANT EDUCATINAL OFFICER, BALUSSERI, KOZHIKODE-MYSORE-KOLLEGAL ROAD, KODUVALLY, KOZHIKODE-673652. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER SACRED HEART, KINDER GARDEN PREPARATOR SCHOOL, ULLIYERI, KOZHIKODE DISTRICT.** ## **W.A.No.173 of 2019 & - 260 - connected cases** **2 THE CO-ORDINATOR, SARVA SHIKSHA ABHIYAN AKSHAJAM, EAST NADAKAVU, 6, KOZHIKODE, KERALA673011.** **BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 261 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.456 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11180/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA, PIN-685585.** - **4 THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, PIN-685585.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ADIMALI, PIN-685581. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**STEWARDS ASSOCIATION IN INDIA GARDEN HILLS PUBLIC**| |---|---| ||**SCHOOL,**| ||**PAMPUMKAYAM, MANKULAM P.O,**| ||**IDUKKI DISTRICT, PIN-685565,**| ||**REPRESENTED BY ITS MANAGER,**| ||**KOSHY K PAUL,AGED 38 YEARS,S/O.PAUL K.**| ||**RAMAKRISHNAN.**| ## **W.A.No.173 of 2019 & - 262 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 456/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 263 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.457 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 30551/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY THE SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANNATHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**IRINJALAKUDA,**| ||**THRISSUR DISTRICT-680021.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**MALA, THRISSUR DISTRICT-680732.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**GRACE INTERNATIONAL SCHOOL,**| |---|---| ||**REPRESENTED BY THE CHAIRMAN**| ||**DR.RAJU DAVIS PEEPPADAN, AGED 58 YEARS,**| ||**SON OF SHRI.DAVIS, MALA, GRACE KNOWLEDGE VILLAGE,**| ||**MALAPALLIPURAM P.O., PLAVINMURI,**| ||**THRISSUR DISTRICT-680732 (RESIDING AT PEREPADAN**| ||**HOUSE, MALA. THRISSUR DISTRICT).**| ## **W.A.No.173 of 2019 & - 264 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, 'SHIKSHA KENDRA', 2, COMMUNICTY CENTRE, PREET VIHAR, DELHI-110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 265 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.458 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6971/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691506, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATON, KOLLAM-691506, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL-691306, KERALA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 CARMALGIRI CENTRAL SCHOOL REPRESENTED BY THE PRINCIPAL, BHARATHEEPURAM.P.O., ANCHAL, KOLLAM DISTRICT, KERALA-691330.** ## **W.A.No.173 of 2019 & - 266 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 267 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.459 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18417/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT ANNEX,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**PALAKKAD DISTRICT-678001.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**THRITHALA,**| ||**PALAKKAD DISTRICT-679534.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 THE MANAGER, SREE VYASA VIDYANIKETHAN, KAPPUR, PALAKKAD DISTRICT.** ## **W.A.No.173 of 2019 & - 268 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 459/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 269 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.460 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32318/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, ERNAKULAM.** - **4 ASSISTANT EDUCATIONAL OFFICER, KOLENCHERRY-682311.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER,ST.PAUL' S BETHANY SCHOOL, KOLENCHERRY, ERNAKULAM-682311.** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 270 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.461 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34299/2015(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY P.O, THIRUVANANTHAPURAM-695014. 3 DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA-689101.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689641.** - **5 THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, ST.THOMAS BETHANY CENTRAL SCHOOL, ELANTHOOR, PATHANAMTHITTA-689643.** **W.A.No.173 of 2019 & - 271 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADVS. SRI.JOSE ABRAHAM(J) SRI.MANU SRINATH SRI.N.RAGESH SHRI.MANOJ GEORGE SRI. SANJAY R HEGDE, SR SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 272 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.462 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34943/2017(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DPI,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE AEO,**| ||**PERAMBRA,**| ||**KOZHIKODE DISTRICT-673525.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE PRINCIPAL,**| |---|---| ||**VIRTUE PUBLIC SCHOOL,**| ||**KARUVANNUR P.O., NADUVANNUR,**| ||**KOZHIKODE DISTRICT-673614.**| **W.A.No.173 of 2019 & - 273 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 462/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 274 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.463 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8690/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY-686507.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, SHERMOUNT PUBLIC SCHOOL, ERUMELY, KOTTAYAM.** - **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 463/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 275 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.464 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22613/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR DISTRICT-670001.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR DISTRICT-670001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 M.PRADEEP KUMAR, CHAIRMAN, JAWAHAR MEMORIAL TRUST, MANAGER, CHACHA ENGLISH MEDIUM SCHOOL, S.S. TEMPLE ROAD, PAYYANNUR POST, KANNUR DISTRICT-670307.** **W.A.No.173 of 2019 & - 276 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 464/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 277 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.465 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10756/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT -676505. 4 THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT-676302.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, ISMATH ENGLISH MEDIUM SCHOOL, KALAD, NIRAMARUTHUR P.O., TIRUR, MALAPPURAM DISTRICT-676109.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 278 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.466 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9237/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAURAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 S.N. ENGLISH MEDIUM SCHOOL, PARIPPU, PIN-686014, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER.** ## **W.A.No.173 of 2019 & - 279 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 280 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.467 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9502/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ORSLEM PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, UDAYANAPURAM, VAIKOM, KERALA, POSTAL CODE -688526.** ## **W.A.No.173 of 2019 & - 281 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 282 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.468 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9957/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN -695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE- 673 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE- 673 001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, FEROKE, KOZHIKODE -673 631. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE FSC ENGLISH MEDIUM SCHOOL, KARUVANTHURUTHY , FEROKE, KOZHIKODE -673 631, REPRESENTED BY ITS MANAGER, T.SHANMUGHAN.** ## **W.A.No.173 of 2019 & - 283 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 468/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 284 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.469 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 7668/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, IDUKKI-685584, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685584, KEARLA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, IDUKKI-685584, KEARLA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.JOSEPHS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, BALAGRAM P.O, 3RD CAMP, IDUKKI, KERALA-685552.** **W.A.No.173 of 2019 & - 285 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 469/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 286 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.470 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11490/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM- 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM -695 014** **3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM -691001.** **4 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA, KOLLAM DISTRICT -691 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **P.H. MOHAMMED KUNJU, AGED 58 YEARS SON OF HYDROSE KUNJU, MANAGER, KHADIRIYYA CENTRAL SCHOOL, KOTTUKADU, P.O.MUKUNDAPURAM, KOLLAM DISTRICT - 691 585.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 287 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.471 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13800/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM -695 014** - **3 DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O.,KOLLAM DISTRICT, PIN -691 009** - **4 DISTRICT EDUCATIONAL OFFICER, KOLLAM -691 013** - **5 ASSISTANT EDUCATIONAL OFFICER, THEVALLY P.O.KOLLAM DISTRICT PIN 691 009** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 N.S.M.E.M.L.P. SCHOOL, KOTTIYAM P.O., KOLLAM DISTRICT, PIN -691 571, REPRESENTED BY ITS CORPORATE MANAGER, REV. MOTHER REXIA MARY, D/O ALBERT, AGED 51 YEARS, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA P.O., PALATHARA, KOLLAM.** ## **W.A.No.173 of 2019 & - 288 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301, REPRESENTED BY ITS SECRETARY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 289 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.472 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39084/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, THEVALLY.P.O., KOLLAM-691009.** - **4 DISTRICT EDUCATIONAL OFFICE, KOTTARAKKARA-691505.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, RYANS ENGLISH SCHOOL, MARANADU, EZHUKONE, KOTTARAKKARA, PIN-691505.** ## **W.A.No.173 of 2019 & - 290 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 291 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.473 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9017/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR DISTRICT-670307. 4 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O., KOLLAM DISTRICT-691009.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 LATHEEFIYA SENIOR SECONDARY ENGLISH SCHOOL, REPRESENTED BY ITS MANAGER, S.ASHARAF, AGED 48 YEARS, S/O.HAMEED HAJI, BYE PASS JUNCTION, NH PERUMBA, PAYYANNUR.P.O., KANNUR DISTRICT-670307,(RESIDING AT S HOUSE, PERUMBA, PAYYANNUR.P.O., KANNUR DISTRICT-670307.** **W.A.No.173 of 2019 & - 292 - connected cases** **2 T.M.J. CENTRAL SCHOOL(CBSE), REPRESENTED BY ITS MANAGER, MR.M.A.ABDUL AZEEZ, AGED 68 YEARS, S/O.MEERA SAHIB RAWTHER, THADICADU, KOLLAM DISTRICT-691306 (RESIDING AT KETTIDATHIL HOUSE, THADIKKAD.P.O., KOLLAM DISTRICT-691306)** **3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 473/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 293 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.474 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9261/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE -695 001** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686 001** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA- 686 001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM 686 001** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANNAM MEMORIAL PUBLIC SCHOOL, PAMPADY, VELLOOR P.O., KOTTAYAM DISTRICT, PIN- 686 501.** ## **W.A.No.173 of 2019 & - 294 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 295 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.475 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7127/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670307, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670307, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KERALA-670307.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SANJOSE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS HEADMISTRESS, MADAKAMPOIL, KANNUR, KERALA-682030.** **W.A.No.173 of 2019 & - 296 - connected cases** **2 ADDL.R2- SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO 1/2019 IN W.A NO 475/2019)** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 297 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.476 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 26887/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM- 695 014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, MAVELIKKARA.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.STEPHEN'S ORTHODOX SYRIAN CHURCH CHARITABLE SOCIETY, KATTANAM, PALLICKAL P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY, MATHEW PHILIP, RESIDING AT KALLUVILAYIL JOJIVILLA, SOUTH BHARANICKAVU, PALLICKAL P.O., ALAPPUZHA-690 503.** **W.A.No.173 of 2019 & - 298 - connected cases** **2 P.YOHANNAN, PRESIDENT OF ST.STEPHEN'S ORTHODOX SYRIAN CHURCH CHARITABLE SOCIETY, KATTANAM, PALLICKAL P.O., ALAPPUZHA, RESIDING AT BINU BHAWANAM, PALLICKAL P.O., ALAPPUZHA- 690 503.** **3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO.2/2019 IN WA NO.476/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 299 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.477 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 9011/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 034. 3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA- 689 645. 4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, PATHANAMTHITTA- 689 645. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MULAMOOTTIL CENTRAL SCHOOL, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT- 689 641, REPRESENTED BY ITS MANAGER, JACOB THOMAS, S/O LATE M.A. THOMAS, AGED 72 YEARS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT 689 641.** **W.A.No.173 of 2019 & - 300 - connected cases** **2 INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED BY ITS SECRETARY (CHIEF EXECUTIVE), PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI -110 019.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.ARUN.B.VARGHESE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 301 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.478 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19469/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY THE SECRETARY TO GOVERNMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| - **2 THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT.** - **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**MOTHER INDIA EDUCATION SOCIETY,**| |---|---| ||**SECTOR-B, KONDLI-GHAORULL MAYUR VIHAR,**| ||**PHASE-III,**| ||**DELHI-110 096,**| ||**REP.BY AUTHORIZED SIGNATORY.**| **W.A.No.173 of 2019 & - 302 - connected cases** **2 CENTRAL BOARD OF SECONDATRY EDUCATION (CBSE), REPRESENTED BY ITS SECRETARY, VIKAS MARG, C-BLOCK, PREET VIHAR, NEW DELHI - 110 062.** **BY ADVS. SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM SRI.DILEEP CHANDRAN SRI.SHASHANK DEVAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 303 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.479 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 26673/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD-678001.** - **4 DISTRICT EDUCATINAL OFFICER, PALAKKAD-678001.** - **5 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679101.** - **6 DISTRICT EDUCATIONAL OFFICER, THRISSUR-680001.** - **7 DISTRICT EDUCATIONAL OFFICER, CALICUT-673001.** - **8 ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD-679303.** - **9 ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD-678682.** **- 304 -** **W.A.No.173 of 2019 & connected cases** - **10 ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD-679534.** - **11 ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY, THRISSUR-680582.** - **12 ASSISTANT EDUCATIONAL OFFICER, FEOROKE, CALICUT-673631.** - **13 ASSISTANT EDUCATIONAL OFFICER, CHITTUR, PALAKKAD-678506.** - **14 ASSISTANT EDUCATIONAL OFFICER, KOPPAM, PALAKKAD-678001.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, SCHOLAR E.M SCHOOL, PERUMUDIYOOR P.O., PATTAMBI, PALAKKAD, PIN-679303.** - **2 MANAGER, SREE VIWESWARA E.M.SCHOOL, WEST YAKKARA, PALAKKAD, PIN-678001.** - **3 MANAGER, SUN FORD E.M.SCHOOL, PANNIYAMPADAM, MUTTIKULANGARA P.O., PALAKKAD, PIN-678 594.** - **4 MANAGER, BLOOMING BUDS SCHOOL, VADAKKENCHERY P.O., PALAKKAD, PIN-678 683.** - **5 MANAGER, MERIDIAN ENGLISH SCHOOL, ALIKKARA, CHALLISSERY P.O., PALAKKAD, PIN-679 536.** - **6 MANAGER, NETHAJI MEMORIAL ENGLISH SCHOOL, MECHERIKUNNU, CHERUTHURUTHI, THRISSUR, PIN-679 531.** **W.A.No.173 of 2019 & - 305 - connected cases** - **7 MANAGER LITTLE KIDS E.M. SCHOOL, NALLALAM BAZAR, NALLALAM P.O., CALICUT, PIN-673 027.** - **8 MANAGER, CHITHAMBARAM MEMORIAL PUBLIC SCHOOL, KODUMBU P.O., PALAKKAD, PIN- 678 551.** - **9 SRI. REINER KUNIYATH, MANAGER, CSI ENGLISH MEDIUM SCHOOL, ROBINSON ROAD, PIN- 678 014.** - **10 ADDL.R10 SECRETARY (AFFILIATION CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** - **(ADDL.R10 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** ## **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 306 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.480 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9239/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM, KERALA-686 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PONKUNNAM, KOTTAYAM-686 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 K.M.J. PUBLIC SCHOOL, KOOTTICKAL P.O, PIN-686514, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER.** ## **W.A.No.173 of 2019 & - 307 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 308 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.481 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8076/2018(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM DISTRICT - 686 001. 4 THE DISTRICT EDCUATIONAL OFFICER, KOTTAYAM DISTRICT - 686 001. 5 THE ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 101. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, CARMEL SCHOOL, MADAPPALLY P.O., CHANGANACHERRY, KOTTAYAM DISTRICT - 686 546.** ## **W.A.No.173 of 2019 & - 309 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 481/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 310 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.482 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 6987/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECGOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, SOUTH THIRUVANANTHAPURAM - 695 001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ROSMINI CONVENT SCHOOL REPRESENTED BY ITS HEADMISTRESS, CHERIATHURA, THIRUVANANTHAPURAM - 695 008.** **W.A.No.173 of 2019 & - 311 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 312 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.483 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38248/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691013,** - **4 THE ASSISTANT EDUCATIONAL OFFICER, THEVALLY, KOLLAM-691009.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, NSS CENTRAL SCHOOL, KOTTACKAKAM, PERINAD P.O., KOLLAM DISTRICT, PIN-691601.** ## **W.A.No.173 of 2019 & - 313 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 483/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 314 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.484 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9507/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM SOUTH,KERALA-695541.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.MARYS L.P. SCHOOL, REPRESENTED BY ITS MANAGER, KARAMANA P.O, TRIVANDRUM, KERALA-695002.** **W.A.No.173 of 2019 & - 315 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 484/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 316 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.485 OF 2019** ## **APPELLANT/S:** - **1 THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM- 682020.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE SECRETARY, KRISTUJYOTHI EDUCATIONAL AND CHARITABLE TRUST, MALAYANKEEZHU, NADUKANI P.O., ERNAKULAM DISTRICT- 686691.** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 485/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 317 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.487 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 36529/2016(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, THYCAUD, THIRUVANANTHAPURAM, KERALA 695 014. 3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR, SECOND FLOOR, CIVIL STATION, AYANTHOL, THRISSUR. 4 ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR DISTRICT, AEO OFFICE, MALA P.O, THRISSUR DISTRICT, PIN 680 732.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ST.ANTONYS LOWER PRIMARY SCHOOL,ALATHUR, MALA EDUCATIONAL SUB-DISTRICT, THRISSUR 680 741.** **W.A.No.173 of 2019 & - 318 - connected cases** **2 VIJNANADAYINI VIDHYA MANDIR ENGLISH MEDIUM LOWER PRIMARY SCHOOL, CHAKKAMPARAMBU, THRISSUR 680 741, REP. BY ITS MANAGER.** **3 ADDL.R3 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDL.R3 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** ## **BY ADV. SRI.NIRMAL S.(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 319 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.488 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38021/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691506, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM- 691506, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, VALAKKODE- 691331, KERALA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.MARYS ENGLISH MEDIUM NURSERY AND L.P SCHOOL, REPRESENTED BY ITS HEADMISTRESS, VETTITHITTA P.O., PUNALUR, KOLLAM DISTRICT, KERALA- 691322.** ## **W.A.No.173 of 2019 & - 320 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 488/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 321 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.489 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 28782/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680596,** - **3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KUNNAMKULAM-680503.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, GOODSHEPHERD CMI SCHOOL, WADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR-680 503.** ## **W.A.No.173 of 2019 & - 322 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 323 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.490 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8414/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**DIRECTORATE OF PUBLIC INSTRUCTION,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE DEPUTY DIRECTGOR OF EDUCATION,**| ||**PATHANAMTHITTA,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVALLA-689101.**| |**4**|**THE DISTRICT EDUCATINAL OFFICER,**| ||**DISTRICT EDUCATION OFFICE,**| ||**PATHANAMTHITTA-689645.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF AEO,**| ||**RANNY-689672.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 324 - connected cases** ## **RESPONDENT/S:** **THE MANAGER, SC ENGLISH MEDIUM SCHOOL, PAZHAVANGADI.P.O., RANNY-689673.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:-** **W.A.No.173 of 2019 & connected cases** ## **- 325 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.491 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 3621/2018(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, IRINJALAKUDA - 680 121. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR - 680 732.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER VIVEKODHAYAM VINDYAMANDIR, ANNAMANADA, THRISSUR DISTRICT.** ## **W.A.No.173 of 2019 & - 326 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 327 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.492 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 28246/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, KOZHIKODE DISTRICT-673001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR, KOZHIKODE DISTRICT-673002.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE PRINCIPAL, ICT PUBLIC SCHOOL, MOOZHIKKAL, CHELAVOOR.P.O., KOZHIKODE DISTRICT-673571** **W.A.No.173 of 2019 & - 328 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.492/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 329 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.493 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6975/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695 039.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, KERALA -682 011.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, KERALA -682 011.** - **5 THE ASSISTANT EDUCATION OFFICER, ANGAMALY, KERALA- 683572.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.ARNOLDS CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER N. ADUVASSERY, S. ADUVASSERY (P.O), ERNAKULAM- 683578.** ## **W.A.No.173 of 2019 & - 330 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 331 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.494 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13799/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691019.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691019.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM-690518.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.JOSEPHS ENGLISH MEDIUM L.P. SCHOOL, PALLITHOTTAM, KOLLAM, REPRESENTED BY ITS CORPORATE MANAGER, REV.MOTHER REXIA MARY, D/O.ALBERT, SUPERIOR GENERAL, FRANCISCAN SISTERS OF THE IMMACULATE HEART OF MARY, THATTAMALA.P.O., PALATHARA, KOLLAM.-691 020** ## **W.A.No.173 of 2019 & - 332 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 494/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 333 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.496 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 31019/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680001.** - **4 ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT-680508.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, MUNAVARIYA ENGLISH SCHOOL, MUNAVARIYA ENGLISH SCHOOL, MANIYARAKOD, PERUMPILAVU.P.O., THRISSUR, KERALA-680519.** ## **W.A.No.173 of 2019 & - 334 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.496/2019.** ## **BY ADV. SRI.AVM.SALAHUDIN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 335 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.497 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 33311/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT-670001.** **3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, THALASSERY NORTH, KANNUR DISTRICT-670101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE PRINCIPAL, MES PUBLIC SCHOOL, P.O. KADIRUR, KANNUR DISTRICT. 2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 497/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 336 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.498 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11808/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM 695 014.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE AEO MANKADA,**| ||**MALAPPURAM DISTRICT -679 324.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE PRINCIPAL,**| |---|---| ||**GUIDANCE ENGLISH MEDIUM SCHOOL (CBSE),**| ||**P.O MOORKKANAD,**| ||**MALAPPURAM DISTRICT 679 338.**| ## **W.A.No.173 of 2019 & - 337 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.498/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 338 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.499 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7847/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS**| ||**SECRETARY.**| |**2**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**ATTINGAL,**| ||**THIRUVANANTHAPURAM DISTRICT-PIN 695 101.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KILIMANOOR,**| ||**THIRUVANANTHAPURAM-695 601.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER, VIDHYA JYOTHI ENGLISH SCHOOL,**| |---|---| ||**PAPPALA,**| ||**THATTATHUMALA P.O,**| ||**KILIMANOOR,**| ||**THIRUVANANTHAPURAM.**| ## **W.A.No.173 of 2019 & - 339 - connected cases** **2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.499/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 340 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.500 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 33373/2017(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHARUAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR, IDUKKI, THODUPUZHA-685584.** - **4 DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685584.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**MANAGER,**| |---|---| ||**ROSEMEAD INTERNATIONAL SCHOOL,**| ||**KANJIKUZHY,**| ||**ALPARA.P.O.,**| ||**IDUKKI-685606.**| ## **W.A.No.173 of 2019 & - 341 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 342 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.501 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 36865/2017(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY.P.O., KOLLAM DISTRICT-691009. 4 THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, ASSISTANT EDUCATION OFFICE, P.O, KUNDRA, KOLLAM-691501.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE VARINJAVILA ST.MARYS CENTRAL SCHOOL, SITUATED AT VARINJAVILA PALLY COMPOUND, MEEYANNOOR POST IN KOLLAM DISTRICT-691537, REPRESENTED BY THE MANAGER. FR.KOSHY GEORGE MUTHALALY, AGED 46 YEARS, S/O. V.K. GEORGE MUTHALALY, (RESIDING AT VARINJAVILA ST.MARYS CHURCH AS VICAR)** **W.A.No.173 of 2019 & - 343 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 .** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 344 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.502 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 755/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE-673001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**ST.PATRICKS JUNIOR SCHOOL,**| ||**FRANCIS ROAD,**| ||**KOZHIKODE-673002.**| **W.A.No.173 of 2019 & - 345 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO. 2/2019 IN WA NO. 502/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 346 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.503 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5160/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT-689101. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE ST THOMAS MARTHOMA SCHOOL SITUATED AT NIRANAM,P.O., NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689629, REPRESENTED BY ITS MANAGER, REV.FR.T.SAMUEL, AGED 64 YEARS, SON OF LATE THOMAS (RESIDING AT PARSONAGE, ST.THOMAS MAR THOMA CHURCH, NIRANAM.P.O., NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689629).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 347 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.504 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11208/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA-688011** - **4 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA-688011.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**ST.MARYS ENGLISH MEDIUM SCHOOL, PUNNAPARA,**| ||**ALAPPUZHA DISTRICT,**| ||**SISTER CISY JACOB, AGED 60 YEARS, D/O.CHAKOCHAN,**| ||**RESIDING AT FRANCIS SALES CONVENT, PUNNAPRA,**| ||**ALAPPUZHA-4.**| **W.A.No.173 of 2019 & - 348 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 1/2019 IN WA 504/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 349 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.505 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12798/2017(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATIONAL DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 039.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOTTARAKKARA, KOLLAM - 691 506.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOLLAM - 691 001.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICE,**| ||**VELIYAM,**| ||**ODANAVATTOM P.O., PIN - 691 512.**| |**6**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**CHATHANNOOR,**| ||**KOLLAM - 691 572.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & connected cases** ## **- 350 -** ## **RESPONDENT/S:** - **1 MANAGER, ORCHID INTERNATIONAL SCHOOL, NEAR RAILWAY STATION, PARAVOOR, PARAVOOR P.O., KOLLAM - 691 301.** - **2 MANAGER, SPRING VALLEY ENGLISH MEDIUM SCHOOL, MULLASSERY, CHENKULAM P.O., OYOOR, KOLLAM - 691 510.** - **3 MANAGER, JAYAMATHA SCHOOL, KARAMCODE P.O., CHATHANNOOR, KOLLAM - 691 579.** - **4 MANAGER, AKSHARA NURSERY AND L.P. SCHOOL, CHEERUPALAKODU, KUMMALLUR, KOLLAM - 691 579.** - **5 MANAGER, SHANTHINIKETHAN NURSERY AND L.P. SCHOOL, OYOOR P.O., KOLLAM - 691 510.** - **6 ADDL.R6 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R6 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE SRI.T.K.NAVAS SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 351 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.506 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23969/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT-670002. 4 THE ASSISTANT EDUCATIONAL OFFICER, KANUR NORTH-670002, KANNUR DISTRICT. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, HYDROSE MEMORIAL ENGLISH MEDIUM SCHOOL, VARAMKADAVU,P.O.VARAM, KANNUR DISTRICT-670594.** **W.A.No.173 of 2019 & - 352 - connected cases** **2 ADD.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA 2/2019 IN WA 506/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 353 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.507 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7815/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, KALPETTA, WAYANAD-673121. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE A.E.O.VYTHIRI, KALPETTA, WAYANAD-673121.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 CHAIRMAN KEYPEES INTERNATIONAL SCHOOL, CRESCENT HILL, OOTY ROAD, KUNNAMPATTA ROAD, WAYANAD-673123.** **W.A.No.173 of 2019 & - 354 - connected cases** **2 ADDL.R2. SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092. ADDL.2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN I.A.NO.2/2019 IN W.A.NO.507/2019.** **BY ADVS. SRI.KOSHY GEORGE SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 355 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.508 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18330/2017(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER KASARAGOD, KASARAGOD DISTRICT-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KASARGOD, KASARAGOD DISTRICT-671121.** **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD-671121.** **4 TEH DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** **5 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 HARISH CHANDRAN, MANAGER, VISWAJNAN ENGLISH MEDIUM SCHOOL, CHERKALA, KASARAGOD DISTRICT, PIN-671542.** **W.A.No.173 of 2019 & - 356 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/2/2019 IN IA NO.2/2019 IN WA NO. 508/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 357 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.509 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 17890/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM- 695039.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM- 695001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**KASARGOD- 671121.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KASARGOD- 671121.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**PEACE PUBLIC SCHOOL,**| ||**M.P.CAMPUS, PERIYADKA P.O.,**| ||**SIRIBAGILU,**| ||**KASARGOD, PIN- 671124.**| ## **W.A.No.173 of 2019 & - 358 - connected cases** **2 ADDL.R2.SECRETARY(AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **(ADDITIONAL R2 IMPLEADED VIDE ORDER DATED 26.02.2019 IN IA NO.2/2019 IN WA.509/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 359 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.510 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19714/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-14.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, CHADAYAMANGALAM-691534.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 CHAIRMAN, SABARIGIRI NEW GENERATION SCHOOL, NILAMEL,KOLLAM DISTRICT-6591535.** ## **W.A.No.173 of 2019 & - 360 - connected cases** **2 ADDL.R2 SECRETARY (AFFILILIATION) CENTRAL BOARD SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREETY VIHAR, NEW DELHI 110 092. IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 02/2019 IN WA 510/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 361 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.511 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 35444/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695039. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR- 680001.** **4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD- 680596.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**ST.JOSEPH'S CMI SCHOOL,**| ||**PARAVATTY,**| ||**THRISSUR.**| ## **W.A.No.173 of 2019 & - 362 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** **BY ADV. SRI.NIRMAL S.(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 363 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.512 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8088/2018(I) 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 INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM- 686001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY, KOTTAYAM DISTRICT- 686553.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MOTHER TERESA MEMORIAL PUBLIC SCHOOL, MAMMOODU, CHANGANACHERRY- 686553, KOTTAYAM DISTRICT.** ## **W.A.No.173 of 2019 & - 364 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110301, REPRESENTED BY ITS ASSISTANT SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 365 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.513 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6751/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001.** - **4 ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM-695301.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, MAR GREGORIOS MEMORIAL SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM-695301.** ## **W.A.No.173 of 2019 & - 366 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 513/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 367 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.514 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8656/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVNAANTHAPURAM 695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM 682 030.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT 682 030.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MOUNT CARMEL E.M.L.P. SCHOOL, CHATHIATH, PACHALAM, ERNAKULAM DISTRICT, REP. BY ITS MANAGER SR. KETSY, D/O. ALEXANDER, AGED 67.** - **2 ADDL. R2.SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092. ADDL. R2 IMPLEADED AS PER ORDER DT. 18/02/19 IN I.A 1/19 IN W.A 514/19.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 368 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.515 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8406/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KUTHUPARAMBA, KANNUR-670643.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, MAKHDOOMIYYA PUBLIC SCHOOL, KUTTIKUNNU, NIRMALAGIRI P.O., KANNUR DISTRICT-670701.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-072019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 369 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.516 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9500/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**THIRUVANANTHAPURAM SOUTH, KERALA - 695 541.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **W.A.No.173 of 2019 & - 370 - connected cases** ## **RESPONDENT/S:** **ST.JUDES SCHOOL, REPRESENTED BY ITS MANAGER, KARAMANA P.O., KILLIPALAM, THIRUVANANTHAPURAM, KERALA - 695 002.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 371 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.517 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 1488/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**DPI JUNCTION,**| ||**VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM, PIN - 695 014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**THRISSUR - 680 121.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**PRINCIPAL,**| |---|---| ||**PEACE PUBLIC SCHOOL,**| ||**MATHILAKAM,**| ||**PADIYUR P.O.,**| ||**THRISSUR - 680 695.**| **W.A.No.173 of 2019 & - 372 - connected cases** **2 ADDL. R2. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 517/2019.** ## **BY ADV. SRI.A.RAJASIMHAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 373 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.518 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6958/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY, THIRUVANANTHAPURAM-695 014**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THRISSUR-680 001**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**WADAKKANCHERY-680 582**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 NSS ENGLISH MEDIUM SCHOOL, VADAKKETHARA, PAZHAYANNUR, THRISUSR-680 587, REPRESENTED BY ITS MANAGER.** ## **W.A.No.173 of 2019 & - 374 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 518/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 375 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.519 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32954/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 006. 3 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030. 4 THE DISTRICT EDUCATIONAL OFFICER, NEAR TALUK OFFICE, OPPOSITE MUNICIPAL LIBRARY, ALUVA, ERNAKULAM - 683 101. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**ICT ENGLISH MEDIUM SCHOOL, PERINGALA,**| ||**KUNNATHUNADU TALUK,**| ||**ERNAKULAM DISTRICT.683565.**| ## **W.A.No.173 of 2019 & - 376 - connected cases** **2 ADDL. R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092. ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/19 IN I.A 2/19 IN W.A 519/19.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 377 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.520 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 31768/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM- 695001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DPI, JAGATHI,**| ||**THIRUVANANTHAPURAM- 695014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**KOZHIKODE, KOZHIKODE DISTRICT.**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KOYILANDY,**| ||**KOZHIKODE DISTRICT- 673305.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE PRINCIPAL, MES AA RAHIM MEMORIAL CENTRAL SCHOOL, ATHOLI, KOZHIKODE DISTRICT-673315.** ## **W.A.No.173 of 2019 & - 378 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 520/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 379 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.521 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11552/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**DISTRICT EDUCATION OFFICER,**| ||**DEO OFFICE, NEAR TESRO,**| ||**STATUE, GOP LANE,**| ||**THIRUVANANTHAPURAM-695 001**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPURAM-695 001**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**SANDEPANI SCHOOL,**| |---|---| ||**REPRESENTED BY THE DIRECTOR,**| ||**TC 11/2194, KANAKKUNNU PALACE ROAD,**| ||**RKV LANE, MUSEUM,**| ||**THIRUVANANTHAPURAM-695 033.**| **W.A.No.173 of 2019 & - 380 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A NO.2/2019 IN W.A NO 521/2019)** **BY ADVS. SRI.S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN SRI.S.I.SHAH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 381 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.522 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8240/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686 001, KERALA** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001, KERALA** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686 001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 NAZARETH PUBLIC SCHOOL, REPRESENTED BY ITS PRINCIPAL, NEYYATTUSSERY, ELAMPALLY, KERALA,POSTAL CODE-686 503.** **W.A.No.173 of 2019 & - 382 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **3 ADDL. R3. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 522/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 383 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.523 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6972/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, WAYANADU, KERALA-673122.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, WAYANADU,KERALA-673122.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, SULTHAN BATHERY,WAYANADU, KERALA-673592** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.MARYS ENGLISH MEDIUM LP SCHOOL, REPRESENTED BY ITS MANAGER, CHETHALAYAM, SULTHAN BATHERY, WAYANADU, KERALA-673592.** ## **W.A.No.173 of 2019 & - 384 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN,SHIKSHA KENDRA, 2, COMMUNITY CENTRE,PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 385 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.524 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10694/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE LETTERLAND SCHOOL, SITUATED AT KANJIRAMCHIRA, MALIKAMUKKU IN ALAPPUZHA DISTRICT-688 007, REPRESENTED BY ITS MANAGER, MR.PHILIP ABRAHAM, AGED 54 YEARS, S/O.DR. K.M.ABRAHAM, RESIDING AT KUREEKATTIL, SEA VIEW WARD, ALAPPUZHA DISTRICT-688 012.** ## **W.A.No.173 of 2019 & - 386 - connected cases** **2 THE COUNCIL OF BOARDS OF SCHOOL EDUCATION IN INDIA, REPRESENTED BY ITS GENERAL SECRETARY, 6H BIGJOS TOWER, A-8 NETAJI SUBHASH PALACE, RING ROAD, NEW DELHI-110 034** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 387 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.525 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9845/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT-673638.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ANVARUL ISLAM ENGLISH SCHOOL, MONGAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER, P.P. MUHAMMED, S/O MAMMEDKUTTY, AGED 74 YEARS, DARUL MANAR, MONGAM, MALAPPURAM DISTRICT.** ## **W.A.No.173 of 2019 & - 388 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 1/2019 IN WA NO. 525/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 389 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.526 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13833/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.** - **2 DIRECTOR OF PUBLIC INSTITUTION, THIRUVANANTHAPURAM- 695001.** - **3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM- 695001.** - **4 ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM- 695501.** - **5 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM (SOUTH)- 695023.** - **6 ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA- 695572.** - **7 ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD- 695541.** - **8 ASSISTANT EDUCATIONAL OFFICER, PALODE- 678583.** **W.A.No.173 of 2019 & - 390 - connected cases** **9 ASSISTANT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM- 691583.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 RAMA VARMA MEMORIAL PUBLIC SCHOOL, VEDICANCHANCOIL, BALARAMAPURAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, JAYASREE, D/O.VILASINI, VALIYAMPADI, KARAMANA P.O., THIRUVANANTHAPURAM.** - **2 G.V.RAJA PUBLIC SCHOOL, SASTRI NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, JAYASREE, D/O.VILASINI, VALIYAMPADI, KARAMANA P.O., THIRUVANANTHAPURAM.** - **3 BISHOP WILLIAM MEMORIAL NURSERY AND L.P.SCHOOL, MALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, GODSING S/O.THOMAS.** - **4 B.C.V PUBLIC SCHOOL, PAZHAKUTTY P.O., NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SUNILKUMAR, S/O.SIVASANKARAN NAIR.** - **5 LENA ENGLISH MEDIUM SCHOOL, ANAPETTY, THOLICODE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SR.HELEN D/O.MARY.** - **6 SREE VIDYADHIRAJA PUBLIC SCHOOL, VENGANOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, SURESH KUMAR A., S/O.AYYAPPAN NAIR.** - **7 UNION PUBLIC SCHOOL, VENGANOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, A.RAJAYYAN, A/O. APPI NADAR.** - **8 VIJAYA SCHOOL, KATTUVILA, PEYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, VINI V.VINCENT, D/O.VILASINI.** **W.A.No.173 of 2019 & - 391 - connected cases** - **9 THE MANAGER, S.N.V PUBLIC SCHOOL, VAZHAMUTTAM, THIRUVANANTHAPURAM- 27.** - **10 THE MANAGER, SREE NARAYANA L.P.SCHOOL, CHERUSSERY- KULANGARA, CHAVARA P.O., KOLLAM.** - **11 ADDL. R11. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R11 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 526/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 392 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.527 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9506/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA, THIRUVANANTHAPURAM, KERALA - 695 541.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 CHRIST NAGAR PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MARANALLOOR, KOOVALASSERY, THIRUVANANTHAPURAM, KERALA - 695 512.** **W.A.No.173 of 2019 & - 393 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA,** **2 - COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 394 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.528 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6198/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014.** - **3 DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA- 689101.** - **4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA JUNCTION, THIRUVALLA- 689101, PATHANAMTHITTA DISTRICT.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **MANAGER, THE CHOICE SCHOOL, MANTHANAM P.O., THIRUVALLA- 689581.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 395 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.529 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11304/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM- 695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD AT KALPATTA- 673121.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KALPATA, WAYANAD DISTRICT- 673121.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, SULTHAN BATHERRY, WAYANADU DISTRICT- 673592.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, CRESCENT PUBLIC ENGLISH SCHOOL, PUTHENKUNNU, SULTHAN BATHERY, WAYANAD DISTRICT- 673592.** ## **W.A.No.173 of 2019 & - 396 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO.529/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 397 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.530 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7374/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695 039 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001 3 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM-695 101 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 A.V.B.MEMORIAL SATHYA INTERNATIONAL SCHOOL, SITUATED AT KOTTIYODE, MARKET ROAD, NEW ATTINGAL CLUB, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101, REPRESENTED BY ITS MANAGER B.ANIL KUMAR, AGED 60 YEARS, SON OF LATE A.V.BHARGHAVAN, RESIDING AT JANAKI, KEEZHATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101.** ## **W.A.No.173 of 2019 & - 398 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA.NO.01/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 399 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.531 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22573/2017(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **3 DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM- 695001.** - **4 DISTRICT EDUCATIONAL OFFICER, ATTINGAL- 695101.** - **5 DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA- 695121.** - **6 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH- 695001.** - **7 ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM- 695301.** - **8 ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM SOUTH- 695001.** - **9 ASSISTANT EDUCATIONAL OFFICER, ATTINGAL- 695101.** **W.A.No.173 of 2019 & - 400 - connected cases** - **10 ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA- 695572.** - **11 ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA- 695121.** - **12 ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD- 695307.** - **13 ASSISTANT EDUCATIONAL OFFICER, PARASSALA- 695502.** **BY ADVS.** - **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, NAVEENA VIDYALAYA, THOPPUMUKKU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM- 695013.** - **2 MANAGER, K.P.GOPINATHAN NAIR MEMORIAL PUBLIC SCHOOL, ARUVIKKARAKONAM, AYROOPARA P.O., THIRUVANANTHAPURAM- 695584.** - **3 MANAGER,** - **B.P.M. NURSERY AND L.P.SCHOOL, S.D.BUILDING, THIRUMALA P.O., THIRUVANANTHAPURAM- 695006.** - **4 MANAGER,** - **NAVJYOTHI ENGLISH MEDIUM SCHOOL, VAYYETTU, VENJARAMOODU, THIRUVANANTHAPURAM- 695607.** - **5 MANAGER, KINGLET SCHOOL, MANACADU, KUTTICAUD JUNCTION, THIRUVANANTHAPURAM- 695009.** - **6 MANAGER, VIDYANIKETHAN, BEEMAPALLY, THIRUVANANTHAPURAM- 695008.** - **7 MANAGER,** **ST.THOMAS CENTRAL SCHOOL (CBSE), KONAKUZHY, PANALAL P.O., POOVACHAL, THIRUVANANTHAPURAM- 695573.** **- 401 -** **W.A.No.173 of 2019 & connected cases** - **8 MANAGER, ST.MARY'S SCHOOL, PULIYARAKONAM P.O., THIRUVANANTHAPURAM- 695573.** - **9 MANAGER, ST.MARY'S CENTRAL SCHOOL, POTTAYIL, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM- 695571.** - **10 MANAGER, ARYA PUBLIC SCHOOL, JANARDHANAPURAM, OTTASEKHARAMANGALM P.O., THIRUVANANTHAPURAM- 695125.** - **11 ST.RITA'S L.P.SCHOOL, ARUVIODU, VATTAPPARA P.O., THIRUVANANTHAPURAM- 695025.** - **12 MAR IVANIOUS BETHANY ENGLISH MEDIUM SCHOOL, AMBILIKONAM, AYIRA P.O., THIRUVANANTHAPURAM- 695502.** - **13 MANAGER, ST.MARY'S ENGLISH MEDIUM SCHOOL, KUNNAPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM- 695013.** - **14 DE PAUL ENGLISH MEDIUM SCHOOL, MOONNAMMOODU, KODUNGANOOR.P.O., THIRUVANANTHAPURAM- 695013.** - **15 MANAGER, ST.MARY'S ENGLISH MEDIUM SCHOOL, VANDANOOR, PERUMPAZHUTHUOOR, NEYYATTINKARA, THIRUVANANTHAPURAM- 695129.** - **16 MANAGER, ASSUMPTION NURSEY AND L.P.SCHOOL, 6TH STONE, KARAKULAM, THIRUVANANTHAPURAM- 695564.** - **17 MANAGER, PRANTHI INSTITUTION, NEAR POLICE STATION, KARAMANA P.O., THIRUVANANTHAPURAM- 695002.** - **18 MANAGER,** - **ST.GEORGE ENGLISH MEDIUM SCHOOL, KODUNGAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM- 695123.** **W.A.No.173 of 2019 & - 402 - connected cases** - **19 MANAGER, ST.MARY'S SCHOOL, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM- 695012.** - **20 MANAGER, ST.MARY'S ENGLISH MEDIUM SCHOOL, KUDAYAL, ANCHALIKONAM, AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM- 695502.** - **21 MANAGER, SACRED HEART CENTRAL SCHOOL, KALLAYAM, VATTAPPARA, THIRUVANANTHAPURAM- 695028.** - **22 MANAGER,** - **NEW INDIA ENGLISH MEDIUM PUBLIC SCHOOL, VEMBAYAM, THIRUVANANTHAPURAM- 695615.** - **23 ADDL.R23. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** - **(ADDL.R23 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** ## **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 403 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.532 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 573/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 014.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**KOZHIKODE - 673 001.**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**KOZHIKODE CITY - 673 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**THE ASCENT ENGLISH MEDIUM SCHOOL,**| ||**KULANGARAPEEDIKA, POKKUNNU P.O.,**| ||**KOZHIKODE - 673 007.**| **W.A.No.173 of 2019 & - 404 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 2/2019 IN WA 532/2019.** ## **BY ADV. SRI.K.MOHANAKANNAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 405 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.533 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32285/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695 039.**| |**2**|**DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**IDUKKI,**| ||**THODUPUZHA - 685 615.**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**MUNNAR P.O. - 685 615.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**MANAGER,**| |---|---| ||**ST. JOSEPH CMI PUBLIC SCHOOL,**| ||**CHAVARAGIRI, OORKAD, VATTAVADA,**| ||**MUNNAR - 685 615, IDUKKI DISTRICT.**| ## **W.A.No.173 of 2019 & - 406 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 407 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.534 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 24200/2017(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATIONAL SUB DISTRICT, MATTANNUR, KANNUR DISTRICT 670 702.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 K.RAMACHANDRAN, S/O. SANKARAN, MANAGER, SREE VANI VIDYALAYA ENGLISH MEDIUM SCHOOL, VENGAD, RESIDING AT AYILYM KIRACHI P.O., VENGAD, KANNUR DISTRICT 670 612.** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 534/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 408 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.535 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9497/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE- 695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM- 676505, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM- 676505, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, VANDOOR, MALAPPURAM- 676505, KERALA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.CLARES CONVENT PRIMARY SCHOOL REPRESENTED BY ITS MANAGER, ARIMANAL P.O., KALIKAVU, MALAPPURAM, KERALA- 676525.** **W.A.No.173 of 2019 & - 409 - connected cases** **2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/19 IN WA 535/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 410 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.536 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10520/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT-676519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, TIRURANGADI, MALAPPURAM DISTRICT-676306** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676303** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, SINCERE PUBLIC SCHOOL, CHIRAMANGALAM, P.O. NEDUVA, PARAPPANANGADI-676303, MALAPPURAM DISTRICT.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 411 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.537 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 8262/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT-676519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679328.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT-679325.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, GRACE ENGLISH MEDIUM SCHOOL, THELAKKAD, MELATTUR, MALAPPURAM DISTRICT-679325.** **W.A.No.173 of 2019 & - 412 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 537/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 413 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.538 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 10111/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX - II, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676 519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, TIRURANGADI, MALAPPURAM DISTRICT - 673 306.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT - 676 302.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, AL-IRSHAD ENGLISH MEDIUM SCHOOL, MANALIPPUZHA, P.O., OMACHUPUZHA, TANUR, MALAPPURAM DISTRICT - 676 306.** ## **W.A.No.173 of 2019 & - 414 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA 1/2019 IN WA 538/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 415 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.539 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11612/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695039.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **3 DISTRICT EDUCATIONAL OFFICER, PUNALUR- 691305.** - **4 DEPUTY DIRECTOR OF EDUCATION, PUNALUR- 691305. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**SR.LEONI MANIMALA,**| |---|---| ||**MANAGER, ST.BENEDICT ENGLISH MEDIUM SCHOOL,**| ||**SHANTI NIVAS,**| ||**PINEAPPLE JUNCTION,**| ||**PUNALUR,**| ||**KOLLAM- 691305.**| **W.A.No.173 of 2019 & - 416 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION AFFILIATION BRANCH, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, DELHI- 110092, REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 417 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.540 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 6201/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM DISTRTICT - 682 030. 4 THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERY, ERNAKULAM DISTRICT - 682 002. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, SETH SHAMJI NARSHI KURWA MEMORIAL SHARDA MANDIR SCHOOL, LALAN ROAD, MATTANCHERY, KOCHI - 682 002.** **W.A.No.173 of 2019 & - 418 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 540/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 419 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.541 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24007/2017(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 ASSISTANT EDUCATIONAL OFFICER, KANNUR DISTRICT- 670591.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT- 670591.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT- 670591.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.** - **6 SUB DISTRICT EDUCATIONAL OFFICER, KANNUR- 670591.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 CAMBRIDGE ENGLISH MEDIUM SCHOOL, NALLANJI, ECHUR, MUNDERI, KANNUR NORTH, KANNUR- 670591, REPRESENTED BY ITS MANAGER, JINESH M., S/O.PAVITHRAN, AGED 46 YEARS, SNIDHAM, ARAKOTTAM, SOUTH P.O., KANNUR- 670009.** **W.A.No.173 of 2019 & - 420 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.541/2019.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 421 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.542 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9238/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM-686 001** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA, KOTTAYAM-686 001** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 NIRMALA ENGLISH MEDIUM L.P. SCHOOL, KANJIRAPPALLY, KALAKETTY P.O, KOTTAYAM DISTRICT-686 508, REP. BY ITS PRINCIPAL.** ## **W.A.No.173 of 2019 & - 422 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATIION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 423 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.543 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 846/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 039.** **2 DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014 3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001** **4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O, KOLLAM-691 009** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **MANAGER PEACE PUBLIC SCHOOL, KOLLAM, KANIYANTHODU, MUKHATHALA P.O, KOLLAM DISTRICT, PIN-691 577** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 424 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.544 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 2768/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM DISTRICT 695 001.** - **3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM , DISTRICT 682 011.** - **4 ASSISTANT EDUCATIONAL OFFICER, KOLENCHERY, ERNAKULAM DISTRICT- 682 311.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST. PAULS BETHENY SCHOOL, REPRESENTED BY ITS MANAGER SR. VANDANA SIC, AGED 58 YEARS, BETHENY COVNENT, KOLENCHERY, ERNAKULAM 682 311.** **W.A.No.173 of 2019 & - 425 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.544/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 426 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.545 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18737/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001** - **3 DISTRICT EDUCATIONAL OFFICER, KANNUR 670 002.** - **4 DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR DISTRICT PIN 670 141.** - **5 DISTRICT EDUCATIONAL OFFICER, THALASSERY 670 101** - **6 DISTRICT EDUCATIONAL OFFICER, VATAKARA PIN 673 101** - **7 DISTRICT EDUCATIONAL OFFICER, KASARAGOD 671 121** - **8 ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR PIN 670 307** - **9 ASSISTANT EDUCATIONAL OFFICER, IRIKKOOR PIN 670 593.** **- 427 -** **W.A.No.173 of 2019 & connected cases** - **10 ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA, PIN 670 141** - **11 ASSISTANT EDUCATIONAL OFFICER, IRITTY, PIN 670 703** - **12 ASSISTANT EDUCATIONAL OFFICER, MAYYIL, PIN 670 602** - **13 ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, PIN 673 506** - **14 ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNUR 670 104** - **15 ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH, KANNUR 670 104** - **16 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE 670 522** - **17 ASSISTANT EDUCATIONAL OFFICER, KASARAGOD 671 121** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 PRESIDENT, CHINMAYA VIDYALAYA, KURUMATHUR, KURUMATHUR P.O.KARIMBAM (VIA) KANNUR DISTRICT 670 142** - **2 MANAGER, CHOVVA NURSERY AND L.P.SCHOOL PATHIRIPARAMBA, MELE CHOVVA, KANNUR DISTRICT PIN 670 010** - **3 MANAGER, CHRIST ENGLISH MEDIUM SCHOOL, CHANDANAKAMPARA P.O., KANNUR DISTRICT PIN 670 633.** **- 428 -** **W.A.No.173 of 2019 & connected cases** - **4 MANAGER, BEST NURSERY L.P. SCHOOL, NEAR WELL CARE HOSPITAL PALLITHAZHA, CHIRAKKARA P.O.THALASSERY, PIN 670 104.** - **5 MANAGER,** - **KPC ENGLISH SCHOOL, PATTANUR, PATTANUR P.O., PIN 670 595.** - **6 SECRETARY,** - **K.E.S ENGLISH MEDIUM SCHOOL, KARIVELLUR, KANNUR DISTRICT, PIN 670 521.** - **7 MANAGER, DHARUSSALAM ENGLISH SCHOO, PANNIANKANDY, KOLACHERY, KANNUR DISTRICT, PIN 670 601** - **8 SECRETARY, MC AND ES SCHOOL,** - **RUN BY MUSLI CULTURE AND EDUCATIONAL SOCIETY P.O.VADAKKUMBAD, RAMANTHALI, KANNUR DISTRICT, PIN 670 308** - **9 MANAGER, PANAKKAD SAYED MUHAMMED ALI SHIHAB THANGAL MEMORIAL ENGLISH MEDIUM SCHOOL** **(PSMSTM ENGLISH MEDIUM SCHOOL) P.O.VADAKKUMBAD, RAMANTHALI, KANNUR DISTRICT, PIN 670 308** - **10 MANAGER, ENGLISH VALLY PUBLIC SCHOOL, PEDAYANKODE, IRIKKUR P.O.KANNUR DISTRICT PIN 670 593.** - **11 MANAGING DIRECTOR, MOOKALMBIKA ENGLISH MEDIUM SCHOOL, RUN BY MEX SOCIETY, AMMANAPPARA, P.O.POLYIL, PIN 670 502.** - **12 MANAGER,** - **SREE NIKETHAN ENGLISH MEDIUM SCHOOL, THILLENKERRY, PIN 670 702** - **13 MANAGER, BASIC SCHOOL ENGLISH MEDIUM VALAYAM P.O.VALAYAM, PIN 673 517, VIA KALLACHI KOZHIKODE (DIST)** - **14 MANAGER, ART BASIC SCHOOL, MEPPAYUR KOZHIKODE DISTRICT PIN 673 524.** **W.A.No.173 of 2019 & - 429 - connected cases** - **15 PRINCIPAL,** **JAMA-ATH ENGLISH MEDIUM SCHOOL, KALLADAKUTTY , KOLATHUR P.O.KASARAGOD DISTRICT, PIN 671 541.** **16 ADDL. R16. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-1100092.** **(ADDITIONAL R16 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019)** **BY ADVS.** **SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 430 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.546 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10502/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM -695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM- 695 001.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY**| |---|---| ||**SCHOOLS,**| ||**REPRESENTED BY ITS PRESIDENT REV. FR. VARGHESE,**| ||**MANICKANAMPARAMBIL CMI,**| ||**HAVING REGISTERED OFFICE AT SR. ARNOLDS NORTH**| ||**ADUVASSERY,**| ||**S. ADUVASSERY P.O.,**| ||**ERNAKULAM -683 578.**| **W.A.No.173 of 2019 & - 431 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI -110 301.** **BY ADVS. SRI.JOSE ABRAHAM(J) SRI.MANU SRINATH SRI.N.RAGESH SRI.SANJAY R. HEGDE (SR.) SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 432 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.547 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 7454/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM-691009.** - **4 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT-691305.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT-691305.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER/PROVINCIAL SUPERIOR, ST.MARY'S ENGLISH MEDIUM SCHOOL,ARYANKAVU, (RUN BY CORPORATE EDUCATIONAL AGENCY OF SACRED HEART CONGREGATION ST.MATHEW'S PROVINCIAL HOUSE,PAREL,CHANGANACHERRY).** ## **W.A.No.173 of 2019 & - 433 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.547/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 434 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.548 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9546/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 014** - **4 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 014** - **5 THE SUB DISTRICT/ASSISTANT EDUCATIONAL OFFICER PARASSALA, THIRUVANANTHAPURAM-695 502** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER MOTHER THERESA ENGLISH MEDIUM SCHOOL, KILIYOOR, VELLARADA P.O, THIRUVANANTHAPURAM-695 505.** ## **W.A.No.173 of 2019 & - 435 - connected cases** **2 ADDL.R2.SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.2/2019 IN W.A.NO.548/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 436 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.549 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7546/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 006.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT - 676 505.** **4 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT - 676 303.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, ORIENTAL ENGLISH MEDIUM SCHOOL, KOOTTUMMOOCHI P.O., KADAKKAD, MALAPPURAM DISTRICT.** **BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 437 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.550 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7873/2018(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001,KERALA.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KURAVILANGADU, KERALA-686001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 SR.SAVIO PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, KALLARA.P.O, KOTTAYAM,KERALA-686611.** **W.A.No.173 of 2019 & - 438 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.2.2019 IN I.A.NO.1/2019 IN W.A.NO.550/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 439 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.551 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 13082/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.** - **3 THE DEPUTY DIRECTOR OF EDUCATIONA, THIRUVANANTHAPURAM DISTRICT 695 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM DISTRICT 695 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH, THIRUVANANTHAPURAM DISTRICT 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 LITTLE FLOWER CONVENT ENGLISH MEDIUM SCHOOL KOCHUVELI, THIRUVANANTHAPURAM DISTRICT, 695 021, REPRESENTED BY ITS MANAGER, SR. SHIJI, D/O. VINCENT, AGED 46 YEARS.** **W.A.No.173 of 2019 & - 440 - connected cases** **2 ADDL. R2 IS IMPLEADED-SECRETARY (AFFILIMTION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.( ADDL. R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.2/2019 IN WA.551/2019).** ## **BY ADV. SRI.C.A.CHACKO** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 441 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.552 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39247/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001** - **3 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM-682 011** - **4 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM-682 011** - **5 THE ASSISTANT EDUCATIONAL OFFICER NORTH PARAVUR, ERNAKULAM-683 513** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.LOUIS ENGLISH MEDIUM LP SCHOOL REP. BY ITS HEADMISTRESS, THURUTHIPURAM, MOOTHAKUNNAM P.O, PIN-683 516, ERNAKULAM.** **W.A.No.173 of 2019 & - 442 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO. 2/2019 IN WA NO. 552/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 443 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.553 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 2614/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM, PIN-695 01 3 DEPUTY DIRECTOR OF EDUCATION. OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION., KOTTAYAM, PIN-686 001 4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, PIN-686 001 5 THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 540 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 P.S.VISWANATHAN, MANAGER, VIDYANIKETHAN ENGLISH MEDIUM SCHOOL, VAZHOOR P.O, KOTTAYAM, PIN-686 504.** **W.A.No.173 of 2019 & - 444 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO.2/2019 IN WA NO. 553/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 445 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.554 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 4408/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM - 695 001.** - **2 DIRECTOR OF PUBLIC INSTRUTIONS, THIRUVANANTHAPUAM - 695 014.** - **3 DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA - 689 621.** - **4 DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA - 689 645.** - **5 ASSISTANT EDUCATIONAL OFFICER, ADOOR - 691 523.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.THOMAS ENGLISH MEDIUM NURSERY AND L.P.SCHOOL, KALLUKUZHY, KADAMPANADU - 691 552, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER.** **W.A.No.173 of 2019 & - 446 - connected cases** - **2 ST. THOMAS ORTHODOX CATHEDRAL CHURCH, KADAMPANADU SOUTH - 691 553, REPRESENTED BY ITS TRUSTEE.** - **3 ADDL. R3 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA-2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.** **ADDITIONAL R3 AS ABOVE IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 2/2019 IN WA.554 /2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 447 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.555 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9048/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001** - **4 THE DISTRICT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR DISTRICT-680 121** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT-680 664** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 V.H.SADIKHA WIFE OF A.M. HUSAIN, AGED 48 YEARS, MANAGER, IDEAL ENGLISH SCHOOL, P.O. EDAVILANGU, KODUNGALLOOR, THRISSUR DISTRICT-680 671.** **W.A.No.173 of 2019 & - 448 - connected cases** **2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 449 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.556 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8267/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT 676 519.** - **4 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679 328.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT 679 325.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, STAR ENGLISH SCHOOL, MANNARMALA, MELATTUR, MALAPPURAM DISTRICT 679 325.** ## **W.A.No.173 of 2019 & - 450 - connected cases** **2 ADDL.R2 SECRETARY( AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110 092 ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/2019 IN IA 2/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 451 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.557 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 8445/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N)DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE DISTRICT EDUCATIONS OFFICER, THRISSUR, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680020.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE GLOBAL PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, ABDUL MAJEED,AGED 41 YEARS,S/O.LATE ABDUL KHADER, CHERPPU WEST POST, THRISSUR DISTRICT-680563, (RESIDING AT PALIYATHUZHATHU HOUSE, CHERPPU WEST POST, THRISSUR DISTRICT-680563.** **W.A.No.173 of 2019 & - 452 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHARIMAN, SHIKSHA KENDRA, 2,COMMUNITY CENTRE, PREET VIHAR,NEW DELHI-110301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 453 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.558 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5263/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.** - **4 DISTRICT EDUCATIONAL OFFICER, PALAKKAD-680506.** - **5 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM-679101.** - **6 ASSISTANT EDUCATIONAL OFFICER, ALATHUR-678541.** - **7 ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY-679532.** - **8 ASSISTANT EDUCATIONAL OFFICER, PARALI-678612.** - **9 ASSISTANT EDUCATIONAL OFFICER, SHORNUR-679121.** **W.A.No.173 of 2019 & - 454 - connected cases** - **10 ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE-678506.** - **11 ASSISTANT EDUCATIONAL OFFICER, CHITTUR-678101.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, SREE NARAYANA E.M.SCHOOL, THENNILAPURAM, PALAKKAD-678682.** - **2 MANAGER, NEHRU MEMORIAL E.M.S.SCHOOL, DESAMANGALAM P.O., THRISSUR-679532.** - **3 MANAGER, MOTHER OF DIVINE LOVE SCHOOL, KUNDANNUR, WADAKKANCHERY-680590.** - **4 MANAGER, AKSHAYA E.M.SCHOOL, THENNUR, PALAKKAD-678612.** - **5 MANAGER, ST.ANTONY'S SCHOOL, SHORNUR-679121.** - **6 MANAGER, KASYAPASHRAMAM E.M.SCHOOL, PAYYALORE, KOLLENGODE P.O., PALAKKAD-678506.** **7 MANAGER, SREE DURGHA ENGLISH MEDIUM SCHOOL, KUMBALANGAD, KANJIRAKODE P.O., WADAKKANCHERY-680590.** - **8 MANAGER, ROSES PUBLIC SCHOOL, PALLATHAMPULLY, THATHAMANGALAM, PATTANCHERRY, PALAKKAD-678102.** **9 MANAGER, ROSE GARDEN ENGLISH SCHOOL, THALI P.O., VARAVOOR (VIA), THRISSUR, KERALA-680585.** **W.A.No.173 of 2019 & - 455 - connected cases** |**10**|**MANAGER,**| |---|---| ||**VAISHNAVI KRISHNA VIDYA NIKETHAN E.M.SCHOOL,**| ||**ELAPPULLY P.O., KOOLIYODE, PALAKKAD-678622.**| |**11**|**ADDL.R11 SECRETARY (AFFILIATION)**| ||**CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN,**| ||**SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR,**| ||**NEW DELHI-110092.**| ||**(ADDL.R11 IMPLEADED AS PER ORDER DATED 08/07/2019**| ||**IN IA.NO.02/2019)**| **BY ADV. SRI NIRMAL S. (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 456 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.559 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19442/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER BADIADKA, KASARAGOD DISTRICT, 671 321.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT, 671 121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD 671 121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 01.** - **5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 M.A.ABDUL KHADER, S/O. ABDULLA HAJI, MANAGER, MADAKAM ENGLISH MEDIUM SCHOOL, KALLAPPADI, BELLURU, MULLERIA, KASARAGOD DISTRICT-671 121.** **W.A.No.173 of 2019 & - 457 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO. 2/2019 IN WA NO. 559/2019.** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 458 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.560 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 40075/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY P.O., KOLLAM-691001. 4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VALAKODE P.O., PUNALUR, KOLLAM-691331. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, N.P.P.M. L.P. SCHOOL, CHEMANATHOOR, PUNALUR, KOLLAM-691305.** - **2 MANAGER, T.V.T.M. L.P. SCHOOL, VALAKODE P.O., PUNALUR KOLLAM-691331.** **W.A.No.173 of 2019 & - 459 - connected cases** **3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-119092.** **ADDL.R3 IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA NO.1/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 460 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.561 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9968/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT 679 325.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, NCT ENGLISH MEDIUM SCHOOL, VERUMPULAKKAL, KADANNAMANNA, MALAPPURAM 679 324.** - **2 ADDL. R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092** **ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/2019 IN I.A 2/19 IN W.A. 561/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 461 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.562 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9083/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, TRIVANDRUM-695 001, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM-695 001, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM-695 001, KERALA.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.VINCENT PALLOTTI ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, MANICKAPURAM, PUTHUKULANGARA P.O, NEDUMANGADU, KERALA, POSTAL CODE 695 541.** ## **W.A.No.173 of 2019 & - 462 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 463 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.563 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10059/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ELDA SEPIACCI ENGLISH MEDIUM SCHOOL, CHATHANAND, EXHIKKARA P.O., NORTH PARAVUR-683 513, REPRESENTED BY ITS MANAGER SRI. GIGI FRANCIS, D/O. FRANCIS, AGED 37 YEARS.** - **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 563/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 464 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.564 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10498/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 ASSISTANT EDUCATIONAL OFFICER PAPPINISSERI, KEECHERI. P.O., KANNUR DISTRICT, 670 562.** - **2 ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL P.O., KUNNUMMAL, KOZHIKODE DISTRICT 670 018.** - **3 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001.** - **4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PRESIDENT, VISHWAKARMA ORGANIZATION FOR IDEAL CAREER AND EDUCATION VOICE, RAMAPURAM, PALLIKUNNU P.O., PUZHATHI VILLAGE, KANNUR DISTRICT, KERALA, 670 004.** **W.A.No.173 of 2019 & - 465 - connected cases** **2 PRINCIPAL, MES CENTRAL SCHOOL CBSE, PATHIRIPATTA KANDOTHKUNNI, PATHIRIPATTA P.O., KAKKATTIL VIA, KOZHIKODE DISTRICT, KERALA, 673 507.** **3 ADDL. R3 SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.** **ADDL. R3 IMPLEADED PER ORDER DATED 26/2/19 IN I.A. NO. 2/19 IN W.A. 564/19.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 466 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.565 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9505/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PINCODE 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM 686 001,KERALA** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM 686 001, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686 001, KERALA.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.JOSEPHS ENGLISH MEDIUM L.P. SCHOOL REPRESENTED BY ITS PRINCIPAL, CHANGANASSERY,KOTTAYAM, KERALA-686101.** **W.A.No.173 of 2019 & - 467 - connected cases** **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092.** **(ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.02.19 IN IA NO.WA 565/2019)** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 468 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.566 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24072/2017(H) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670 001 3 THE ASSISTANT EDUCATIONAL OFFICER MADAYI, KANNUR DISTRICT, PIN-670 304** - **4 THE DIRECTOR DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHARPURAM-695 001** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 AYISHA.K(MINOR), D/O. SHAMSUDHEEN P.V, REP. BY HER FATHER SHAMSUDHEEN P.V, RESIDING AT MATTOOL AMSOM, MADAKKARA DESOM, P.O, IRINAVE, KANNUR DISTRICT-670 301.** - **2 E-ANATHUL ISLAM ENGLISH MEDIUM SCHOOL MADAKKARA P.O, IRINAVE, VIA CHERUKUNNU, KANNUR DISTRICT, REP. BY ITS MANAGER M. MUHAMMED KUNHI HAJI, S/O. IBRAHIM KUTTY, VATTAKANDI HOUSE, MADAKKARA, P.O. IRINAVE, PIN-670 301.** **W.A.No.173 of 2019 & - 469 - connected cases** **3 ADDL.R3-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN,SHIKSHA KENDRA, 2,COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092 ( ADDITIONAL R3 AS ABOVE IS IMPLEADED AS PER ORDER DATED 18.02.2019 IN IA . 2/2019 IN WA 566/2019)** ## **BY ADV. SRI.M.V.AMARESAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 470 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.567 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34694/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695 001**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**THRISSUR-680 001, KERALA**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THRISSUR-680 001, KERALA.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 SANJOES CENTRAL SCHOOL, REPRESENTED THROUGH ITS PRINCIPAL, ELANAD P.O, CHELAKKARA, THRISSUR-680 586.** **W.A.No.173 of 2019 & - 471 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 472 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.568 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 40013/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION, KOZHIKODE,**| ||**KOZHIKODE DISTRICT-673001.**| |**2**|**THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE,**| ||**KOZHIKODE DISTRICT-673001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF AEO, KOZHIKODE CITY,**| ||**KOZHIKODE DISTRICT-673001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**MALABAR CENTRAL SCHOOL AND MADRASA,**| ||**PANNIYANKARA,**| ||**KALLAI.P.O,**| ||**KOZHIKODE-673003.**| **W.A.No.173 of 2019 & - 473 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092 ( ADDL.R2-IMPLEADED AS PER ORDER DATED 26/01/19 IN I.A.NO.2/19 IN W.A.568/19** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 474 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.569 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 23967/2017(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DPI,**| ||**JAGATHI,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**KANNUR, KANNUR DISTRICT-670001.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE AEO, IRITTY,**| ||**KANNUR DISTRICT-670701.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER,**| |---|---| ||**MA-ADANUL ULOOM MODERN PUBLIC SCHOOL**| ||**KAKKAYANGAD P.O,**| ||**KANNUR DISTRICT-670673.**| **W.A.No.173 of 2019 & - 475 - connected cases** **2 ADDL.R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 569/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 476 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.570 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 3615/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPZUHA, IDUKKI DISTRICT 685 584. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.GEORGE PUBLIC SCHOOL SITUATED AT KURUVILA CITY, KULAPPARACHAL POST IN IDUKKI DISTRICT, 685 619, REPRESENTED BY ITS CHAIRMAN, SRI JACOB M.O., AGED 59 YEARS, S/O. SRI. OUSEPH, RESIDING AT MUTHUKATTU HOUSE, KULAPPARACHAL POST IN IDUKKI DISTRICT 685 619.** **W.A.No.173 of 2019 & - 477 - connected cases** **2 ADDL.R2 SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092 (ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA.1/2019 IN WA.570/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 478 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.571 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18208/2017(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 039**| |**2**|**DIRECOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM 695 001**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOLLAM CIVIL STATION ROAD, VIDYA NAGAR, KOLLAM,**| ||**KERALA 691 013.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOTTARAKKARA, NEAR POLICE STATION,**| ||**KOLLAM 691 506.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**KUNDARA, KOLLAM 691 501.**| |**6**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**CHAVARA, KOLLAM 691 583**| |**7**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**SASTHAMCOTTA, KOLLAM- 690 521**| |**8**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**VELIYAM KOLLAM 691 540.**| **W.A.No.173 of 2019 & - 479 - connected cases** - **9 ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR, KOLLAM 691 572** - **10 ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM 691 506** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, GURUKULAM ENGLISH MEDIUM SCHOOL, NENMENI (N), MANROTHURUTHU (PO) KIOLLAM DISTRICT-691 502.** - **2 THE MANAGER, ALIMIYAN PUBLIC SCHOO, PORUVAZHY (PO), SASTHAMKOTTA, KOLLAM DISTRICT 691 520** - **3 THE MANAGER,** - **M.N.P.M. CENTRAL, ADIKKADU, VENGA (PO) KOLLAM DISTRICT 690 521.** - **4 THE MANAGER, CRESENT CENTRAL SCHOOL, KAMPALADY, PORUVAZHI (PO) KOLLAM DISTRICT 690 520** - **5 THE MANAGER, M.N.P.M.CENTRAL SCHOOL, SASTHAMCOTTA, KOLLAM DISTRICT 690 521.** - **6 THE MANAGER, MATHA CENTRAL SCHOOL, AMBALATHUM BHAGAM (PO), PORUVAZHY, CINIMAPARAMBU, KOLLAM DISTRICT 690 520.** - **7 THE MANAGER, GURUKULAM ENGLISH MEDIUM L.P.SCHOOL AYATHOTTUVA, WEST KALLADA, KOLLAM DISTRICT-691 500** - **8 THE MANAGER, C.V.M.M.CENTRAL SCHOOL, VENGAL, SASTHAMCOTTA, KOLLAM DISTRICT 690 521.** **W.A.No.173 of 2019 & - 480 - connected cases** - **9 THE MANAGER, SACRED HEART LP SCHOOL, CHERIYAVELINALLUR, AKKAL(PO), KARINGANNOOR, KOLLAM DISTRICT 691 516** - **10 THE MANAGER,** - **SREE NARAYANAN PUBLIC SCHOOL, VILAPURAM, THAZHAM SOUTH, CHATHANNOOR (PO) KOLLAM DISTRICT 691 572.** - **11 THE MANAGER, VIMALAHRIDAYA ENGLISH MEDIUM SCHOOL, PULAMON, KOTTARAKARA 691 506.** - **12 ADDL.R12-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R12 ARE IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO .2/2019 IN W.A NO .571/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 481 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.572 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 1966/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014.** - **3 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM -695 001.** - **4 DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM 695 101.** - **5 ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM- 695 101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 AMRITA MODEL ENGLISH MEDIUM SCHOOL, THACHOORKUNNU, AVANAVANCHEERI P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN 695 103, REPRESENTED BY ITS MANAGER, N. MOHANAN, AGED 60 YEARS, S/O. NARAYANAN, UPASANA, THACHOORKUNNU, AVANAVANCHEERY P.O, ATTINGAL.** **W.A.No.173 of 2019 & - 482 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 572/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 483 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.573 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32456/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001. 3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA -685 605. 4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA-685 605 BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGING DIRECTOR, MOON SCHOOL OF CREATIVE SCIENCE, KARUKA, PERUMPILLYCHIRA P.O., THODUPZUHA, IDUKKI- 685 605.** ## **W.A.No.173 of 2019 & - 484 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 485 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.574 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9470/2017(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM- 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 01.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOTTARAKARA DISTRICT.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOLLAM DISTRICT.**| |**5**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**PUNALUR.**| |**6**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**ATTINGAL.**| |**7**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**VELIYAM, ODANAVATTOM P.O., PIN - 691 512.**| |**8**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**VARKALA P.O., PIN - 696 141.**| **- 486 -** **W.A.No.173 of 2019 & connected cases** - **9 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL P.O., - 695 101.** - **10 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR - 691 305.** - **11 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE EDUCATIONAL OFFICER, ANCHAL - 691 306.** - **12 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA - 691 501.** - **13 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHADAYAMANGALAM - 691 534.** - **14 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM - 691 001.** - **15 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNUR - 691 572.** - **16 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER,SIDDARTHA CENTRAL SCHOOL, NETTAYAM, AMBALAMKUNNU, KOLLAM DISTRICT - 691 537.** - **2 MANAGER, SREE NARAYANA CENTRAL SCHOOL, AMBALAMKUNNU, NETTAYAM P.O., POOYAPALLY, KOLLAM DISTRICT - 691 537.** **- 487 -** **W.A.No.173 of 2019 & connected cases** - **3 MANAGER, GANDHI BHAVAN ENGLISH MEDIUM SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.** - **4 MANAGER, TAGORE ENGLISH MEDIUM SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.** - **5 MANAGER, SREE SANKARACHARYA PUBLIC SCHOOL, VELIYAM P.O., VELIYAM, KOTTARAKKARA, KOLLAM DISTRICT - 691 512.** - **6 MANAGER, NAVAJEEVAN NURSERY AND L.P.SCHOOL, KARINGANNOOR P.O., KOLLAM DISTRICT - 691 516.** - **7 MANAGER, VIVEKANANDA ENGLISH MEDIUM AND L.P.SCHOOL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 512.** - **8 MANAGER, LITTLE HEARTS SCHOOL, MULLUVILA, VADAKKEVILA P.O., KOLLAM DISTRICT - 691 010.** - **9 MANAGER, LITTLE JASMINE ENGLISH MEDICUM SCHOOL, T.K.M.C.P.O., KARICODE, KOLLAM DISTRICT - 691 005.** - **10 MANAGER, CITADEL ENGLISH MEDIUM SCHOOL, NEAR O.I.H.C.CONVENT, ERAVIPURAM P.O., KOLLAM DISTRICT - 691 011.** - **11 MANAGER, VIDHYABHAVAN SCHOOL, PUTHANKULAM P.O., SOUTH PARAVOOR, KOLLAM DISTRICT - 691 011.** - **12 MANAGER, DOWN CENTRAL SCHOOL, VADUTHALA, PANMANA PUTHANCHANTHA P.O., CHAVARA, KOLLAM DISTRICT - 691 587.** - **13 MANAGER, GREEN MOUNT PUBLIC SCHOOL, SANKARAMANGALAM, CHAVARA, KOLLAM DISTRICT - 691 583.** - **14 MANAGER, INFANT JESUS NURSERY AND LP SCHOOL, NALLILA P.O., NALLILA, KOLLAM DISTRICT - 691 515.** - **15 MANAGER, HOLY MASS CENTRAL SCHOOL, AYIRANALLOOR P.O., EDAMON, PUNALUR, KOLLAM DISTRICT - 691 306.** **- 488 -** **W.A.No.173 of 2019 & connected cases** - **16 MANAGER, DEVI MATHA ENGLISH MEDIUM SCHOOL, MANCHALLOOR, PATHANAPURAM, KOLLAM DISTRICT - 691 695.** - **17 MANAGER, VIRGIN ENLGISH MEDIUM SCHOOL, AVANEESWARAM R.S.P.O., KUNNICODU, KOLLAM DISTRICT - 691 508.** - **18 MANAGER, OXFORD PUBLIC SCHOOL, THADICADU, ANCHAL, KOLLAM DISTRICT - 691 306.** - **19 MANAGER, GOOD SHEPHERED PUBLIC SCHOOL, CHANDANACABU, THINGAL KARIKKAM P.O., KULATHIPUZHA, KOLLAM DISTRICT - 691 310.** - **20 MANAGER, LITTLE FLOCK PUBLIC SCHOOL, KOLLAYIL P.O., KOLLAYIL MADATHARA, KOLLAM DISTRICT - 691 541.** - **21 MANAGER, EMIRATES AND ANGELS CENTRAL SCHOOL, KUMMIL P.O., KADAKKAL, KOLLAM DISTRICT - 691 536.** - **22 MANAGER, SCHOOL OF BRIGHTS ENGLISH MEDIUM L.P.S., MUNDAKKAL P.O., AVANAVANCHERRY VIA, ATTINGAL, THIRUVANANTHAPURAM - 695 103.** - **23 MANAGER, S.N.KIDS ENGLISH MEDIUM SCHOOL, FACTORY JUNCTION, PALAYAMKUNNU P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 146.** - **24 MANAGER, ME CENTRAL SCHOOL, OYUR P.O., OYUR, KOLLAM DISTRICT - 691 510.** - **25 ADDL.R25 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R25 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 489 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.575 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22299/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT -691 001. 4 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL- 691 306. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, ST.JOSEPH S ENGLISH MEDIUM SCHOOL PHILGIRY, CHERKULAM.P.O., ANCHAL, KOLLAM 691 306.** ## **W.A.No.173 of 2019 & - 490 - connected cases** **2 ADDL.R2 (SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 491 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.576 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 27405/2017(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**THIRUVANANTHAPURAM-695 001**| |**3**|**DISTRICT EDUCATIONAL OFFICER**| ||**KOLLAM-691 013**| |**4**|**ASSISTANT EDUCATIONAL OFFICER**| ||**KOLLAM-691 013**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**VENAD PUBLIC SCHOOL,**| |---|---| ||**NEAR PNNM HOSPITAL,**| ||**ANCHALUMMOOD, KOLLAM,**| ||**MANAGED BY SREE UTHRADAM THIRUNAL SMARAKA TRUST,**| ||**NEAR PNNM HOSPITAL,**| ||**ANCHALUMMOOD, KOLLAM DISTRICT,**| ||**REPRESENTED BY ITS PRESIDENT, RAJEEV. B.**| ## **W.A.No.173 of 2019 & - 492 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 576/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 493 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.577 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7573/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**GENERAL EDUCATION(N) DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**PARAPPANANGADI,**| ||**MALAPPURAM DISTRICT-676319.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**KERALA ENGLISH MEDIUM SCHOOL**| |---|---| ||**SITUATED AT CHETTIPADY P.O,**| ||**MALAPPURAM DISTRICT-676319,**| ||**REPRESENTED BY ITS MANAGER,**| ||**E.P. AHAMMED KOYA MARAKKAR, AGED 70 YEARS,**| ||**S/O. ASSAMUTTY NAHA (RESIDING AT ERAMAKA**| ||**VEETTIL(PUTHIYAKATH HOUSE) PARAPPANANGADI IN**| ||**MALAPPURAM DISTRICT-676319.**| ## **W.A.No.173 of 2019 & - 494 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 577/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 495 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.578 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18639/2017(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** **2 THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ANITHA K.,AGED 40 YEARS, W/O LATE PADMANABHAN A.C., MANAGER, PROVIDENCE ENGLISH MEDIUM SCHOOL, IRIYANNI ROAD, MULIYAR, KASARGOD DISTRICT.** **W.A.No.173 of 2019 & - 496 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 18/02/2019 IN IA NO. 2/2019 IN WA NO. 578/2019.** **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 497 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.579 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24554/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, IRITTY, KANNUR DISTRICT-670703. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, AL-RAZI PUBLIC SCHOOL, AYYAPPANKAVU, VILAKODE P.O., IRITTY, KANNUR DISTRICT-670703.** ## **W.A.No.173 of 2019 & - 498 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 579/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 499 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.580 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39425/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR , PALAKKAD-678001. 4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, EDATHARA, PARLI, PIN-678612,** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, PALAKKAL ENGLISH MEDIUM SCHOOL, PARLI, PALAKKAD-678612.** ## **W.A.No.173 of 2019 & - 500 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 501 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.581 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22247/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY-673573, KOZHIKODE DISTRICT.** - **4 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE--673001, KOZHIKODE DISTRICT.** - **5 DISTRICT EDUCATIONAL OFFICER, MINI CIVIL STATION, VADAKKARA, 673101, KOZHIKODE.** - **6 DISTRICT EDUCATIONAL OFFICER, REVENUE TOWER, COURT ROAD, THALIPARAMBA-670141, KANNUR DISTRICT .** - **7 DISTRICT EDUCATIONAL OFFICER, MINI CIVIL STATION, THALASSERY-670101, KANNUR DISTRICT.** - **8 ASSISTANT EDUCATIONAL OFFICER, KODUVALLY P.O., KODUVALLY, 673572, KOZHIKODE DISTRICT.** **- 502 -** **W.A.No.173 of 2019 & connected cases** - **9 ASSISTANT EDUCATIONAL OFFICER, BALUSSERY, 673612, KOZHIKODE DISTRICT.** - **10 ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, MINI CIVIL STATION, 670101, KANNUR DISTRICT.** - **11 ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR P.O., ERANHIPPALAM-673006.** - **12 ASSISTANT EDUCATIONAL OFFICER, MELADY, VADAKKARA-673521, KOZHIKODE DISTRICT.** - **13 ASSISTANT EDUCATIONAL OFFICER, MADAYI P.O., PAZHAYANGADI, -670303, KANNUR DISTRICT.** **BY ADVS.** - **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, MALABAR ENGLISH SCHOOL, KADIRUR P.O., THALASSERY, KANNUR -670642.** - **2 SECRETARY, P.H.S.ENGLISH SCHOOL, PALATH P.O., KOZHIKODE -673572.** - **3 MANAGER, MAJMA ENGLISH MEDIUM SCHOOL, PARANNUR P.O., MARIKUNNI, KOZHIKODE-673613.** - **4 MANAGER, MODERN ENGLISH SCHOOL, NARMINDA, KOZHIKODE-673613.** - **5 VIJAY JUNIOR SCHOOL, MEPPAYUR P.O., KOZHIKODE-673521.** - **6 MANAGER, BABY NURSERY ENGLISH MEDIUM SCHOOL, MANNAPURAM, CHERUKUNNU P.O., KANNUR -670301.** **W.A.No.173 of 2019 & - 503 - connected cases** **7 ADDL.R7 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R7 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 504 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.582 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 37732/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695039.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM-695014.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**KOLLAM-691001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**MANAGER,**| |---|---| ||**PEACE PUBLIC SCHOOL,**| ||**KANIYANTHODU,**| ||**MUKHATHALA P.O.,**| ||**KOLLAM DISTRICT, PIN-691577.**| **W.A.No.173 of 2019 & - 505 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 506 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.583 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7365/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**FEROKE,**| ||**KOZHIKODE DISTRICT-673631.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**NEST PUBLIC SCHOOL,**| |---|---| ||**REPRESENTED BY ITS MANAGER,**| ||**BASHEER P.C, AGED 61 YEARS, S/O.SHRI P.K.MOIDEEN,**| ||**MODEL HILLS, RAMANATTUKARA P.O,**| ||**KOZHIKODE DISTRICT 673633,**| ||**(RESIDING AT PUTHIYACHIRAKKAL HOUSE P.O,**| ||**FEROKE, KOZHIKODE DISTRICT-673631.**| ## **W.A.No.173 of 2019 & - 507 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 583/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 508 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.584 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10496/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673 001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER CHEVAYUR EDUCATIONAL SUB DISTRICT, CHEVAYUR, KOZHIKODE-673 017.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SAHADEVAN.N., AGED 80 YEARS, S/O. GOPALAN, NADUKKANDY HOUSE, KARAPARAMBA P.O., KOZHIKODE. (CHAIRMAN, GUARDIANS EDUCATION AND CULTURAL TRUST, ATHANICKAL, WEST HILL)-673010.** **W.A.No.173 of 2019 & - 509 - connected cases** **2 SIVARAJ C., AGED 49 YEARS, S/O. SREEDHARAN, SRAVANAM, KAKKULANGARA, WEST HILL P.O., KOZHIKODE** **(SECRETARY, GUARDIANS EDUCATION AND CULTURAL TRUST, ATHANICKAL, WEST HILL).-673 005** **3 REESHA.E., AGED 40 YEARS, D/O. RAJAGOLAN, MATHRANGOTTU HOUSE, THEKKEYIL PARAMBA, MAKKADA P.O., KAKKODI (VIA), KOZHIKODE. (PRESIDENT PARENTS-TEACHERS ASSOCIATION, GUARDIANS U.P. SCHOOL, ATHANIKKAL, WEST HILL, KOZHIKODE)-673 611** - **4 ADDL. R4. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 584/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 510 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.585 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 41174/2016(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3 THE DISTRICT EDUCATION OFFICER IRINJALAKUDA, THRISSUR DISTRICT-680 021. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 GRACE INTERNATIONAL SCHOOL, MALA, REPRESENTED BY THE CHAIRMAN, DR. RAJU DAVIS PEREPPADAN, AGED 58 YEARS, S/O. SHRI. DAVIS, MALA, GRACE KNOWLEDGE VILLAGE, MALAPALLIPURAM P.O., PLAVINMURY, THRISSUR DIST-680 732. (RESIDING AT PEREPPADAN HOUSE, MALA, THRISSUR DIST.)** **W.A.No.173 of 2019 & - 511 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REP. BY THE CHAIRMAN SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 512 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.586 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10413/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**EDUCATION DEPARTMENT, SECRETARIAT ,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**KOTTAYAM DISTRICT - 686 001.**| |**4**|**DEPUTY DIRECTOR,**| ||**EDUCATION DEPARTMENT, KOTTAYAM - 686 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE RAJAS INTERNATIONAL SCHOOL,**| |---|---| ||**SACHIVOTHAMAPURAM P.O.,**| ||**KURICHI,**| ||**KOTTAYAM - 686 532,**| ||**REPRESENTED BY THE CHAIRMAN,**| ||**DR. S.A. JOY RAJA.**| **W.A.No.173 of 2019 & - 513 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 586/2019.** **BY ADVS. SMT.SINDHU SANTHALINGAM SRI.A.D.SHAJAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 514 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.587 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 31543/2017(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL (N) EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**GOVERNMENT OF KERALA,**| ||**THIRUVANANTHAPURAM-695 001.**| |**3**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**THRISSUR-680 020.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** **1 THE MAHMOODIYYA PUBLIC SCHOOL, SITUATED AT VARANDARAPPILLY, VELUPPADAM POST IN THRISSUR DISTRICT-680 303, REPRESENTED BY ITS MANAGER MUHAMMED SHERIEF K.M, AND AGED 41 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARUPPAMVEETTIL HOUSE, PALPPILLY POST, THRISSUR DISTRICT-680 303.** **W.A.No.173 of 2019 & - 515 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 587/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 516 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.588 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 20183/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**KOTHAMANGALAM - 686 691.**| |**4**|**DISTRICT EDUCATIONAL OFFICER,**| ||**PALAKKAD - 678 001.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**PERUMBAVOOR - 683 542.**| |**6**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**ALATHUR - 678 541.**| |**7**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**MANNARKKAD - 678 582.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 517 - connected cases** ## **RESPONDENT/S:** - **1 MANAGER, VIDYADEEPTHI PUBLIC SCHOOL, PATTAL, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM, PIN - 683 548.** - **2 PRINCIPAL, IDEAL EDUCATION CENTRE, KUTHIRAPPARA, KUNISSERY, PALAKKAD, PIN - 678 681.** - **3 HEADMISTRESS,** - **IDEAL PUBLIC SCHOOL, ROYAL JUNCTION, VADAKKENCHERRY, PALAKKAD - 678 683.** - **4 PRINCIPAL,** - **LITTLE MASTER ENGLISH MEDIUM SCHOOL, THRIKKALLOOR P.O., THACHAMPARA VIA, PALAKKAD, PIN - 678 593.** - **5 MANAGER,** - **ADAM ENGLISH SCHOOL, PARAVAZHI COMPOUND, ALANALLUR P.O., MANNARKKAD, PALAKKAD, PIN - 678 601.** - **6 ADDL.R6 SECRETARY (AFFILIATION)** - **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R6 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** ## **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 518 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.589 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9037/2018(D) 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 - 695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT - 670 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KANNUR - 670 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR DISTRICT - 670 141.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER/PRESIDENT, MARY ANGEL ENGLISH MEDIUM SCHOOL, CHUDALA, PARIYARAM, KANNUR (RUN BY ADORATION SISTERS OF ST. JEROME MARIAPURAM, PARIYARAM, KANNUR DISTRICT).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 519 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.590 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9499/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 005.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA - 688 005.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 AMALA ENGLISH MEDIUM L.P. SCHOOL, REPRESENTED BY ITS PRINCIPAL, MITHRAKARY, ALAPPUZHA, KERALA - 689 595.** **W.A.No.173 of 2019 & - 520 - connected cases** **2 ADDL R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 1/2019 IN WA 590/2019.** **BY ADVS. SRI.JOSE ABRAHAM SRI.MANU SRINATH SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 521 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.591 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10196/2018(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE II, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.** **3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE-680003.** - **4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **THE MANAGER, ISLAMIC ENGLISH SCHOOL, ORUMANAYUR, THRISSUR DISTRICT-680512.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 522 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.592 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39248/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCIONS, GOVERNMENT OF KERALA THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682011, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682011, KERALA.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVUR, ERNAKULAM, KERALA-683513.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.MARYS ENGLISH MEDIUM L.P.SCHOOL, REPRESENTED BY ITS HEAD MISTRESS, VALIYAPALLAMTHURUTHU, CHENDAMANGALAM P.O., NORTH PARVUR, ERNAKULAM, DISTRICT, KERALA-683512.** **W.A.No.173 of 2019 & - 523 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA NO.592/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 524 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.593 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10421/2018(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2 THE ASSISTANT EDUCATION OFFICER, PARAPPANAGADI. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PRESENTATION ENGLISH MEDIUM SCHOOL, PARAPPANANGADI, REP. BY ITS MANAGER, ABDUL LATHEEF K, S/O. KAMMUKUTTY NAHA HAJI, THEKKEPPATT HOUSE, PARAPPANANGADI P.O, MALAPPURAM DISTRICT. 2 ADDL. R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.593/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 525 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.594 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9691/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.** - **3 DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-689 517.** - **4 ASSISTANT EDUCATIONAL OFFICER KOLENCHERRY-682 311.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SAJEEV.V.K., MANAGER, S.N.D.P HIGHER SECONDARY SCHOOL, CHENNEERKARA, PATHANAMTHITTA DISTRICT-689 517.** ## **W.A.No.173 of 2019 & - 526 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.594/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 527 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.595 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 11731/2018(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, KAKKANAD, ERNAKULAM-682 036** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SREE NARAYANA VIDYANIKETHAN PUBLIC SCHOOL (CBSE), HOUSE NO VI/342A,PINDIMANA P.O.MUTHAMKUZHI, KOTHAMANGALAM, ERNAKULAM-686 692, REPRESENTED BY ITS MANAGER M.K.MANI, AGED 65 YEARS, MURITHOTTAHIL(H), NELLIKUZHY P.O.PIN 686 591, KOTHAMANGALAM, ERNAKULAM 2 REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS), REGIONAL CENTRE,KSHB BUILDING, PANAMPILLAY NAGAR, KOCHI-682 036 3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R3- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/2019 IN WA NO.595/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 528 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.596 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 40001/2017(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE - 673 001.** - **3 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KOZHIKODE-673 570** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER, THARBIYATHUL ISLAM ENGLISH MEDIUM SCHOOL, PARAMBIL BAZAR, PARAMBIL P.O., MARIKUNNU VIA, KOZHIKODE-673 012** - **2 ADDL.R2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA NO. 596/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 529 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.597 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24044/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DCIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD-678101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MANNAM MEMORIAL ENGLISH MEDIUM SCHOOL, KUNISSERY, ALATHUR TALUK, PALAKKAD-DISTRICT-678101.** ## **W.A.No.173 of 2019 & - 530 - connected cases** **2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.597/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 531 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.598 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24919/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT 4 THE ASSISTANT EDUCATIONAL OFFICER EDUCATIONAL SUB DISTRICT, KOOTHUPARAMB, KANNUR DISTRICT-670 643.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 K.GOVINDAN, AGED 78 YEARS, S/O. KANNAN, MANAGER, DESABANDHU ENGLISH MEDIUM SCHOOL, MANGATTIDAM, RESIDING AT KUMMAKAROTH HOUSE, P.O. MANGATTIDOM, KANNUR DISTRICT, PIN-670 643.** **W.A.No.173 of 2019 & - 532 - connected cases** **2 ADDL R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.598/2019.** **BY ADVS. SRI.GEORGE MATHEWS SRI.P.BHARATHAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 533 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.599 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23062/2017(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM 695 014.** - **3 DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT, KOCHI 683 101.** - **4 DISTRICT EDUCATIONAL OFFICER, ALUVA, ALUVA P.O., ERNAKULAM 683 101.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT 683 101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 DARUSALAM HIGH SCHOOL, CHALAKKAL, MARAMPALLY P.O., ALUVA, ERNAKULAM DISTRICT, 683 105, REPRESENTED BY ITS MANAGER, A.M. BAVA, S/O. MOIDEENKUTTY.** ## **W.A.No.173 of 2019 & - 534 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.1/2019 IN W.A.NO.599/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 535 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.600 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8242/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM-686001, KERALA,** - **4 THE DEPUTY DIRECTOR OF EDUCATION , KOTTAYAM-695001, KERALA,** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 PARIPALANA L.P.SCHOOL REPRESENTED BY ITS HEADMISTRESS, NJALIAKUZHY, VAKATHANAM, KOTTAYAM, KERALA-686538.** **W.A.No.173 of 2019 & - 536 - connected cases** **2 ADDLR2-SECRETARY(AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2- IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 600/2019.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 537 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.601 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9185/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.** - **3 THE DEPUTY EDUCATIONAL OFFICER, KOTTAYAM-686 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM, KERALA-686 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM-686 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 DEVI VILASAM PUBLIC SCHOOL, KUMARANELLOOR P.O.KOTTAYAM, REPRESENTED BY ITS MANAGER.** ## **W.A.No.173 of 2019 & - 538 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 539 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.602 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22785/2017(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.** - **3 THE DISTRICT EDUCATION OFFICER PALA, KOTTAYAM-686 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.GEORGE ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS MANAGER, MANNARKUNNU, SREEKANDAMANGALAM P.O., ATHIRAMPUZHA, KOTTAYAM, KERALA-686 562. RUN BY ST. GEORGE EDUCATION AND CHARITABLE TRUST.** ## **W.A.No.173 of 2019 & - 540 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 541 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.603 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 14065/2018(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE, PIN-673001.** **2 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.** - **3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.** - **4 DISTRICT COLLECTOR, KOZHIKODE, PIN-673001.** - **5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 A.K.BALAGANGADHARAN, AGED 73 YEARS S/O. KANNAN NAIR, CHAIRMAN, BHAVANS BALAMANDIR, BHARATHIYA VIDHYA BHAVAN, KOZHIKODE KENDRA, CHALAPPURAM P.O,KOZHIKODE DISTRICT.** **W.A.No.173 of 2019 & - 542 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/2019 IN WA 603/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 543 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.604 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18335/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD-671121.** - **4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BEKAL, KASARAGOD-673121. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MINHAJ PUBLIC SCHOOL, KUNIYA, PERIYA P.O, KASARGOD, KERALA, REPRESENTED BY ITS MANAGER, MUHAMMED AHAMED.** - **2 MUHAMMED AHAMED, AGED 45 YEARS, S/O.B.K. MUHAMMED, B.K. FAMILY, KUNIYA, PERIYA P.O, KASARGOD DISTRICT.** **W.A.No.173 of 2019 & - 544 - connected cases** **3 ADDL.R3-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092- ADDL.3RD RESPONDENT IS IMPLAEDED AS PER ORDER DATED 26.02.2019 IN I.A.NO.1/2019 IN W.A.NO.604/2019** **BY ADVS. SRI.BABU KARUKAPADATH SRI.K.M.FAISAL (KALAMASSERY) SRI.AVINASH P RAVEENDRAN SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR SMT.ARYA RAGHUNATH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 545 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.605 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 4809/2018(A) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001** **3 THE DISTRICT EDUCATIONAL OFFICER,THIRUVALLA, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST. THOMAS MARTHOMA SCHOOL, SITUATED AT NIRANAM, P.O. NIRANAM CENTRAL, PATHANAMTHITTA DISTRICT-689 629. REPRESENTED BY ITS MANAGER REV. FR. T. SAMUEL, AGED 64 YEARS, S/O LATE THOMAS. (RESIDING AT PARSONAGE, ST. THOMAS MARTHOMA CHURCH, NIRANAM P.O., NIRANAM CENTRAL, PATHANMATHITTA DISTRICT-689 629)** ## **W.A.No.173 of 2019 & - 546 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 547 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.606 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 25490/2017(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**OFFICE OF THE DPI, JAGATHI,**| ||**THIRUVANANTHAPURAM-695 014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION**| ||**KOZHIKODE DISTRICT-670 001.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE AEO,**| ||**THAMARASSERY, KOZHIKODE DISTRICT-673 523.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**THE MANAGER**| |---|---| ||**NUSRATH HIGHER SECONDARY SCHOOL,**| ||**PARAPPANAPOYIL,**| ||**THAMARASSERY,**| ||**KOZHIKODE DISTRICT-673 573.**| ## **W.A.No.173 of 2019 & - 548 - connected cases** **2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092..............** **(2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 1/2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 549 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.607 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 33055/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, THRIKKAKARA CIVIL STATION, KOCHI-682 030. 3 THE ASSISTANT DISTRICT EDUCATIONAL OFFICER VYPIN, EDAVANAKAD (P.O), KOCHI-682 502. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 K.S.BINOY, MANAGER, VIVEKANANDA PUBLIC SCHOOL, THEKKENMALIPURAM, AZHEEKAL (P.O), KOCHI-682 508** - **2 ADDL.R2.SECRETARY(AFFILIATIN), CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER THE ORDER DATED 26/2/2019 IN I.A.NO.2/2019 IN W.A.607/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 550 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.608 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7761/2018(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **2 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT - 685 584.** **3 THE ASSISTANT EDUCATIONAL OFFICER, ADIMALY. IDUKKI DISTRICT 685 561.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ST. MARYS L.P. SCHOOL, KONNATHADY P.O., PONMUDY, IDUKKI DISTRICT 685 563.** **2 ADDL.R2 SECRETARY, AFFILIATION, CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA-2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092.** **ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN IA 2/2019 IN WA 608/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 551 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.609 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 23053/2017(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**THIRUVANANTHAPURAM-695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER**| ||**CIVIL STATION,**| ||**KANNUR-670 002.**| |**4**|**DISTRICT EDUCATIONAL OFFICER**| ||**CIVIL STATION,**| ||**TALAIPARAMBA-670 141.**| |**5**|**DISTRICT EDUCATIONAL OFFICER**| ||**CIVIL STATION, VADAKARA,**| ||**KOZHIKODE DISTRICT-673 101.**| |**6**|**DISTRICT EDUCATIONAL OFFICER**| ||**MINI CIVIL STATION, THALASSERY-670 101,**| ||**KANNUR DISTRICT**| |**7**|**ASSISTANT EDUCATIONAL OFFICER**| ||**ANNUR ROAD, PAYYANNUR, KANNUR DISTRICT, KERALA,**| ||**PIN-670 307.**| **- 552 -** **W.A.No.173 of 2019 & connected cases** - **8 ASSISTANT EDUCATIONAL OFFICER IRITTY, KANNUR DISTRICT, KERALA, PIN-670 002.** - **9 ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH, KANNUR DISTRICT, KERALA, PIN-670 002.** - **10 ASSISTANT EDUCATIONAL OFFICER THALASSERY SOUTH, T.C.ROAD, THALASSERY, KANNUR DISTRICT, KERALA, PIN-670 002.** - **11 ASSISTANT EDUCATIONAL OFFICER KOYILANDY P.O., KOYILANDY, KOZHIKODE DISTRICT, KERALA, PIN-673 305.** - **12 ASSISTANT EDUCATIONAL OFFICER MADAYI, PAZHAYANGADI P.O. 670 303.** - **13 ASSISTANT EDUCATIONAL OFFICER MATANNUR P.O., KANNUR DIST., KERALA, PIN-670 702.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, PROGRESSIVE ENGLISH SCHOOL, KOODLI P.O., KANNUR DISTRICT, PIN-670 309.** - **2 MANAGER, ALLAMA MUHAMMED IQBAL MEMORIAL ENGLISH SCHOOL, KOYAPPRA, KUNHIMANGALAM, KANNUR, PIN-670309.** **3 MANAGER BADARIYA ENGLISH MEDIUM SCHOOL, ETTIKULAM P.O., ETTIKULAM, RAMANTHALI,KANNUR DISTRICT, KERALA - 670 308.** - **4 MANAGER UNIQUE ENGLISH NURSERY AND L.P.SCHOOL, MEETHALAPEEDIKA P.O., DHARMADAM, PIN-670101, THALASSERY, KANNUR** - **5 MANAGER, LITTLE STAR ENGLISH SCHOOL, KAKKAYANGAD, NEAR VILLAGE OFFICER, KAKKAYANGAD P.O., PIN-670 673** **W.A.No.173 of 2019 & - 553 - connected cases** - **6 MANAGER** **LITTLE LIONS ENGLISH MEDIUM SCHOOL, KAPPAD P.O., PIN-673 304, KOZHIKODE** - **7 MANAGER** **CHOVVA ENGLISH MEDIUM L.P.SCHOOL, CHAVVA P.O., KANNUR DISTRICT, PIN-670 006.** - **8 MANAGER** **LITTLE FLOWER ENLGISH MEDIUM SCHOOL, TALIPARAMBA P.O., PARIAYARAMM, KANNUR, PIN-670 502.** - **9 MANAGER** **HAPPY KIDS ENGLISH MEDIUM SCHOOL, KUTTIKKOL, TALIPARAMBA, KANNUR, PIN-670 562.** - **10 ADDL.R10. SECRETARY (AFFILIATION)** **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R10 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 554 -** **W.A.No.173 of 2019 & connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.610 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34759/2017(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION (N) DEPARTMENT,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THRISSUR-680 001.**| **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**THE WELCARE ENGLISH SCHOOL,**| |---|---| ||**SITUATED AT CHOWALLOOR, KANDANASSERY POST,**| ||**KARIYANOOR IN THRISSUR DISTRICT- 680 102,**| ||**REPRESENTED BY ITS MANAGER**| ||**MRS. RASHIDHA AJEEZ, W/O MR.ABDUL AJEEZ,**| ||**RESIDING AT AMBALATHUVEETTIL,**| ||**OPPOSITE A.L.P.SCHOOL, IRINGAPURAM P.O.,**| ||**PUTHENPALLI (VIA), THRISSUR DISTRICT-680 103.**| **W.A.No.173 of 2019 & - 555 - connected cases** **2 ADDL.R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.............. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 26.2.2019).** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 556 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.611 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 2889/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001** **2 THE DISTRICT EDUCATIONAL OFFICER, THALIPARAMBA, PIN 670 141** **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ENGLISH VALLEY PUBLIC SCHOOL, PEDAYANKODE, PERUMANNU, IRIKKUR (PO), KANNUR DISTRICT, PIN - 670 593.** **W.A.No.173 of 2019 & - 557 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 611/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 558 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.612 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38024/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM 691 506.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691 506.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.THOMAS ENGLISH MEDIUM SCHOOL, REP/BY ITS HEADMISTRESS, ELAMADU P.O.AYOOR, KOLLAM-PIN 691 533.** **W.A.No.173 of 2019 & - 559 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 560 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.613 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 30822/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 DEPUTY DIRECTOR OF EDUCATION, CHALAKUDY, THRISSUR-680307. 4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506. 5 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VADAKKANCHERRY-680582.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, ST.JOSEPH'S CMI LP SCHOOL, CHELAKKARA, PANGARAPPILY, THRISSUR-680586.** ## **W.A.No.173 of 2019 & - 561 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 562 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.614 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 24738/2017(N) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE , REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 029** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM.** - **5 THE ASSISTNAT EDUCATION OFFICER, KUNDARA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, TOTS N TOYS, PUNNAMUKKU, KUNDARA P.O. KOLLAM 691 501.** - **2 MANAGER, BISHOP JEROME ENGLISH MEDIUM SCHOOL, ERAVIPURAM P.O.KOLLAM-691 011.** **W.A.No.173 of 2019 & - 563 - connected cases** **3 ADDL.R3. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** ## **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 564 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.615 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7571/2018(V) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 014** - **4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT** - **5 THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA, THIRUVANANTHAPURAM DISTRICT** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 THE MANAGER/PROVINCIAL SUPERIOR, S.H. SAHRUDAYA ENGLISH MEDIUM SCHOOL, AMBOORI, (RUN BY CORPORATE EDUCATIONAL AGENCY OF SACRED HEARD CONGREGATION ST. MATHES PROVINCIAL HOUSE, PAREL, CHANGANACHERRY.** ## **W.A.No.173 of 2019 & - 565 - connected cases** **2 ADDL.R2 SECRETARY, AFFILIATION, CENTRAL BOARD OF SECONDARY EDUCATION, CBSC BHAVAN, SHIKSHA KENDRA 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI 110 092, IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER THE ORDER DATED 26/2/2019 IN I.A. NO. 2/19 IN W.A. NO. 615/2019** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 566 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.616 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10015/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 001.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, EDUCATION DEPARTMENT, KOZHIKODE 673 001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, EDUCATION DEPARTMENT, KOZHIKODE CITY, KOZHIKODE-673 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ISLAHIYA PREPARATORY ENGLISH SCHOOL PANNIYANKARA, NEELICHIRA ROAD, KALLAYI P.O.KOZHIKODE, REPRESENTED BY ITS SECRETARY, C.A.ABDUL NAZAR,PIN-673003.** **W.A.No.173 of 2019 & - 567 - connected cases** **2 (ADDL-R2) SECRETARY(AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN,SHIKSHA KENDRA,2,COMMUNITY STREET, PREET VIHAR,NEW DELHI-110092** **(ADDITIONAL R2 AS ABOVE IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA.2/2019 IN WA.616/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 568 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.617 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 27048/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KEALA,**| |---|---| ||**REP. BY ITS THE SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.**| |**2**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**KOZHIKODE, KOZHIKODE DISTRICT 673 502.**| |**3**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE AEO, KODUVALLY,**| ||**KOZHIKODE DISTRICT 673 572**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ## **RESPONDENT/S:** - **1 THE SERETARY, MURSHIDUL ANAM SANGAM, EAST KIZHAKOTH, P.O.KIZHAKOTH, KOZHIKODE DISTRICT-673 572.** - **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 2/19.)** ## **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 569 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.618 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12328/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695012.** - **4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ST. MARYS HIGH SCHOOL, MARIYAPYRAM, P.O. AMARAVILA, THIRUVANANTHAPURAM-695122.** **W.A.No.173 of 2019 & - 570 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2 COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110092.( ADDL R2 IMPLEADED AS PER PER ORDER DATED 26.02.2019 IN IA NO. 2/2019 IN W.A.NO 618/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 571 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.619 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19292/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039** **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS , THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683 101** - **4 THE ASSISTANT EDUCATION OFFICER, ERNAKULAM0682 016.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, PEACE INTERNATIONAL SCHOOL, THATHAPALLY, MANNAM P.O., NORTH PARAVUR, ERNAKULAM- 683 520.** ## **W.A.No.173 of 2019 & - 572 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI - 110092. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.07.2019 IN IA 1/19.)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 573 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.620 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7750/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**GENERAL EDUCATION (N) DEPARTMENT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICE,**| ||**ATTINGAL, THIRUVANANTHAPURAM 695 101.**| |**3**|**THE DISTRICT OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**ATTINGAL, THIRUVANANTHAPURAM DISTRICT 695 101.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**PAPPINISSERY P.O, KALLUASSERY,**| ||**KANNUR DISTRICT 670 014.**| |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KANNUR NORTH, KANNUR DISTRICT 670 014.**| |**6**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**BEKKAL P.O, BEKKAL, KASARAGOD DISTRICT 671 318.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 574 - connected cases** ## **RESPONDENT/S:** - **1 AL FAJER PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER MR.AM SHAKIR, AGED 60 YEARS, S/O. LATE ABDUL HAMID, PERUMATHARA, THIRUVANANTHAPURAM DISTRICT 695 303 (RESIDING AT KUNNUVILAKOM HOUSE, PERUMATHARA, THIRUVANANTHAPURAM DISTRICT 695 303)** - **2 HIRA ENGLISH SCHOOL, REPRESENTED BY ITS MANAGER MR. MOHAMED RAZIK K, HIRA CENTRE P.O, CHELAD, KANNUR DISTRICT 670 014 (RESIDING AT HIRA MAHAL, CHELAD, KANNUR DISTRICT 670 014.)** - **3 KAOSER MODEL ENGLISH SCHOOL, REPRESENTED BY ITS MANAGEER, MR. AMEERUDEEN P.P, AGED 64 YEARS, S/O. HASSAN KUNHI, NALUVAYAL, KANNUR DISTRICT 670 003( RESIDING AT FARESAS, C.H.M NAGAR, P.O THAYYIL, KANNUR DISTRICT 670 003.** - **4 BEKAL INTERNATIONAL SCHOOL, REPRESENTED BY ITS MANAGER MR. P.A MOIDU, AGED 65 YEARS, S/O. AHAMED, PAKKAM P.O, VELUTHOLI, PALLIKERE-PERIYA ROAD, KASARAGOD DISTRICT 671 316. RESIDING AT, BLOSSOM, PALLIPPUZHA, P.O BEKAL, KASARAGOD DISTRICT 671 316.** **5 ADDL.R5-SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI- 110092.( ADDL R5 IMPLEADED AS PER ORDER DATED 26.02.2019 IN IA NO. 2/2019 IN W.A.NO. 620/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 575 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.621 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18028/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER, KASARAGOD, KASARAGOD DISTRICT-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER KASARAGOD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD -671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 IBRAHIM PERUMBALA, S/O.ABDULLA, PRESIDENT, KEEZHAR JUMA MASJID COMMITTEE, UNIVERSAL ENGLISH MEDIUM SCHOOL, ULLIYATHADUKKA SHERIBAGILU (P.O.), KASARAGOD DISTRICT-671124.** **W.A.No.173 of 2019 & - 576 - connected cases** **2 ADDL. R2- SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26.02.2019 IN I.A.NO.2/2019 IN WA.621/2019.)** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 577 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.622 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7186/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICER, KOLLAM-691001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, CHAVARA P.O., KOLLAM-691583.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, AL-AMEEN PUBLIC SCHOOL, MUKUNDAPURAM, KOTTUKAD, CHAVARA-691585, KOLLAM DISTRICT.** ## **W.A.No.173 of 2019 & - 578 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO. 1/2019 IN W.A NO 622/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 579 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.623 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34907/2017(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM-691506.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, VELIYAM, KOLLAM-691540.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 ST.MARYS, BETHANY ENGLISH MEDIUM SCHOOL, REPRESENTED THROUGH ITS MANAGER, MOTHER PROVINCIAL BETHANY SISTERS PROVINCIALATE, P.O. NALANCHIRA, THIRUVANANTHAPURAM-695015.** **W.A.No.173 of 2019 & - 580 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 623/2019)** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 581 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.624 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 18129/2017(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE ASSISTANT EDUCATIONAL OFFICER HOSDURG, KASARAGOD DISTRICT-671121.** - **2 THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT-671121.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 K.G.PRABHAKARAN SECRETARY,** **SREENARAYANA EDUCATION SOCIETY AND MANAGER, SREE NARAYANA EDNGLISH MEDIUM SCHOOL P.O, KANHANGAD SOUTH, KASARAGOD DISTRICT-671531.** ## **W.A.No.173 of 2019 & - 582 - connected cases** **2 ADDL. R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADL. R2 IMPLEADED AS PER ORDER DTD.26.02.2019 IN IA.1/2019 IN WA.624/2019.** ## **BY ADV. SRI.S.NIRMAL** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 583 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.625 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 17565/2016(U) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-PIN-695001.** **2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** |**1**|**T.T.MAMMED KOYA**| |---|---| ||**S/O. ASSAN, CRESCENT HOUSE, VENGALAM P.O,**| ||**KOZHIKODE DISTRICT, PIN-673303.**| |**2**|**THE MANAGER,**| ||**TRINITY PUBLIC SCHOOL, ELATHUR P.O,**| ||**KOZHIKODE DISTRICT-673 303**| |**3**|**THE MANAGER,**| ||**JAYCEE MONTESSORI ENGLISH MEDIUM SCHOOL,**| ||**BEACH ROAD, KOYILANDY, KOZHIKODE DISTRICT-673 305**| |**4**|**THE MANAGER,**| ||**PROMISE INTERNATIONAL SCHOOL, ATHOLI P.O,**| ||**KOZHIKODE DISTRICT-673 315.**| **W.A.No.173 of 2019 & - 584 - connected cases** - **5 THE MANAGER,** **MES CENTRAL SCHOOL, PAVANGAD, PUTHIYANGADI P.O, KOZHIKODE DISTRICT-673 021** - **6 THE MANAGER, MARKEZ PUBLIC SCHOOL, ELATHUR P.O, KOZHIKODE DISTRICT-673 303** - **7 THE MANAGER, MARKAZ PUBLIC SCHOOL, THUVVAKODE P.O, POOKKAD, KOZHIKODE DISTRICT-673 304** - **8 THE MANAGER, INFANT DALE PUBLIC SCHOOL, THIRUVANGOOR P.O, KAPPAD ROAD, KOZHIKODE DISTRICT673 318** - **9 THE MANAGER, IRSHAD CENTRAL SCHOOL, METHAKANDY P.O, KOZHIKODE DISTRICT-673 305** - **10 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, KOCHI-682020.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 585 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.626 OF 2019** # **AGAINST THE ORDER/JUDGMENT IN WP(C) 7504/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695006. 3 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676505.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676303.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 USHA N., KARALI ENGLISH MEDIUM SCHOOL KOTTAPADY, VALLIKUNNU NORTH, MALAPPURAM DISTRICT-673314.** **W.A.No.173 of 2019 & - 586 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN,SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA.NO.01/2019)** **BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 587 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.627 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10419/2018(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DEPUTY DIRECTOR OF EDUCATION, IDUKKI-686514.** - **3 ASSISTANT EDUCATIONAL OFFICER, IDUKKI-686514.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST. GEORGE E.M. L.P. SCHOOL, VALACODU, IDUKKI, REPRESENTED BY ITS MANAGER, FR.ITTY MATHEW, S/O MATHEW, AGED 58 YEARS.** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 627/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 588 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.628 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 27896/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001. 4 THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYUR-673017.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, IQRAH PUBLIC SCHOOL, PUTHIYANIRATH, ELATHUR P.O., CALICUT-673303.** ## **W.A.No.173 of 2019 & - 589 - connected cases** **2 ADDL.R2-SECRETARY, (AFFILIATION),CENTRAL BOARD OF SECONDARY EDUCATION,CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,PREET VIHAR, NEW DELHI-110092. (ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A NO 2/2019 IN W.A NO 628/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 590 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.629 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9495/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM 695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM 695 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM 695 001.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ATTINAGAL, THIRUVANANTHAPURAM , KERALA, POSTAL CODE 695 103.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 CHRIST NAGAR PUBLIC SCHOOL REPRESENTED BY ITS MANAGER, VALAKKAD, ATTINGAL, THIRUVANANTHAPURAM, KERALA POSTAL CODE 695 103.** **W.A.No.173 of 2019 & - 591 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 592 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.630 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 18595/2017(Y) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP. BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURM 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**KOLLAM 691 013.**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**KUNDARA, PIN 691 501, KOZHIKODE DISTRICT.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**SASTHAMCOTTA PIN 690 521.**| |**6**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**CHATHANNOOR PIN 691 572.**| |**7**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**KARUNAGAPPALLY 690 523.**| |**8**|**ASSISTANT EDUCATIONAL OFFICER, KOLLAM 691 001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **- 593 -** **W.A.No.173 of 2019 & connected cases** ## **RESPONDENT/S:** - **1 MANAGER, HAPPY HOME ENGLISH MEDIUM SCHOOL, ERAVIPURAM, KOLLAM PIN 691 011.** - **2 MANAGER, CHACHAJI PUBLIC SCHOOL, EDAKKULANGARA P.O, KARUNAGAPPALLY, KOLLAM, KERALA PIN 690 523.** - **3 MANAGER, VIDYATHI RAJA ENGLISH MEDIUM L.P SCHOOL, AYIKUNNAM, SASTHAMCOTTA P.O, KOLLAM PIN 690 521.** - **4 MANAGER, SREE VIDYADHI RAJA PUBLIC SCHOOL, ANCHALUMMOOD, PERINAD P.O, KOLLAM,** - **5 MANAGER, HAPPY HOME L.P SCHOOL, AYATHIL, KOLLAM, PIN 691 017.** - **6 MANAGER, INFANT JESUS SCHOOL, VELLIMON P.O, KUNDARA, KOLLAM, PIN 691 511.** - **7 MANAGER, LITTLE ROSE PUBLIC SCHOOL, THAZHAM WEST, CHANTHANNOOR P.O, KOLLAM, PIN 691 572.** - **8 MANAGER, CHINMAYA ENGLISH MEDIUM SCHOOL, KOTTAPPURAM, PARAVOOR P.O, KOLLAM PIN 691 301.** - **9 MANAGER, MAGREGORIOUS ENGLISH MEDIUM SCHOOL, PORUVAZHY, SASHTAMCOTTA P.O, KOLLAM.** - **10 MANAGER, ST.MARYS ENGLISH MEDIUM SCHOOL, MANAPALLY NORTH P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 574.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 594 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.631 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 10846/2018(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATEOF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695001. 3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM-695001. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PALODE, PACHA P.O., THIRUVANANTHAPURAM-695001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 AL RIFA PUBLIC SCHOOL, THOLIKKODE NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER HAJI A. ABDUL RAHUMAN, S/O ABDUL RAZACK NOYAN MANZIL AYATHIL KOLLAM – 695541.** **W.A.No.173 of 2019 & - 595 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 3/19 IN WA 631/2019. .** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 596 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.632 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 18429/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**COLLECTORATE,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**COLLECTORATE,**| ||**KASARAGOD-671316.**| |**4**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**BEKAL,**| ||**KASARAGOD - 671316.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**DR. AMBEDKAR MEMORIAL EDUCATION TRUST,**| |---|---| ||**REPRESENTED BY MANAGER,**| ||**PERIYA,**| ||**KASARAGOD DISTRICT-671316.**| ## **W.A.No.173 of 2019 & - 597 - connected cases** **2 ADDL. R2. SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092.** **ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26/02/2019 IN IA 2/2019 IN WA 632/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 598 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.633 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 9117/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER KOTTAYAM - 686 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM - 686 001.** - **5 THE ASSISTANT EDUCATION OFFICER KOTTAYAM - 686 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ST.KURIAKOSE PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, MONIPALLY, KOTTAYAM, KERALA - 686 636.** ## **W.A.No.173 of 2019 & - 599 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 301** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 600 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.634 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34018/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REP. BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**THIRUVANANTHAPURAM - 695039.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM - 695001**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**CIVIL STATION, PALAKKAD-678 001.**| |**4**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THRISSUR - 680001**| |**5**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**PALACE ROAD, THRISSUR-680020.**| |**6**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**ALATHUR, PALAKKAD DISTRICT, PIN-678 541.**| |**7**|**THE ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**NEAR GOVERNMENT MODEL GIRLS SCHOOL,**| ||**THRISSUR - 680001.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| **W.A.No.173 of 2019 & - 601 - connected cases** ## **RESPONDENT/S:** - **1 THE MANAGER PROMISE ENGLISH MEDIUM SCHOOL, ANCHUMURI, P. O., PUTHUCODE, PALAKKAD DISTRICT, PIN - 678687.** - **2 THE PRINCIPAL** - **R.K. ENGLISH MEDIUM SCHOOL, NELLIYAMPADAM ROAD, VARUKUNNU, KANNAMBRA P.O., PALAKKAD DISTRICT, PIN-678 686.** - **3 THE MANAGER** **GREEN VALLEY PUBLIC SCHOOL, KEEZHA PUTHUCODE, PALAKKAD DISTRICT, PIN-678 687** - **4 CLARE JYOTHI L.P. SCHOOL** - **P.O.KANNARA, THRISSUR DISTRICT, PIN-680 652, REPRESENTED BY ITS TEACHER-IN-CHARGESMT. SANI THOMAS.** - **5 ADDL.R5 SECRETARY (AFFILIATION)** **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R5 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADVS.** **SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE SRI.T.K.NAVAS SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 602 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.635 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 22643/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**THIRUVANANTHAPURAM 695 001.**| |**3**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**KANNUR 670 001.**| |**4**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**MADAYI,**| ||**PAYAYANGADI 670 303.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ## **RESPONDENT/S:** |**1**|**MANAGER,**| |---|---| ||**PEACE PUBLIC SCHOOL, EZHOME, PULLANJIDA P.O.,**| ||**PAYAYANGADI, KANNUR 670 303.**| ## **W.A.No.173 of 2019 & - 603 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.02/2019)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 604 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.636 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39417/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039.** - **2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DIST., PIN-680506.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, SANJOS PUBLIC SCHOOL, ST.JOSEPH PARISH SHRINE, PAVARATTY, THRISSUR-680507.** ## **W.A.No.173 of 2019 & - 605 - connected cases** **2 ADDL.R2 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R2 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** **BY ADV. SRI NIRMAL S. (B/O** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 606 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.637 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 10690/2018(I) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691009.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691009.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM-691009.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **GEOMOUNT PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, VENCHEMPU, KOLLAM, KERALA-691333.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 607 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.638 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 19649/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCTION (N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695034.** - **3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA-689645.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, CIVIL STATION, PATHANAMTHITTA -689645.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MULAMOOTTIL CENTRAL SCHOOL, KOZHENCHERRY P.O., PATHANAMTHITTA-689641.** ## **W.A.No.173 of 2019 & - 608 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 1/19 IN WA 638/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 609 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.639 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 6528/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPIURAM 695 001.** **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014.** **3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA 688 001.** - **4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT 690 101.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT 690 101.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, MAHATMA PUBLIC SCHOOL P.O, CHENNITHALA, ALAPPUZHA DISTRICT 690 105.** ## **W.A.No.173 of 2019 & - 610 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 611 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.640 OF 2019** ## **AGAINST THE ORDER/JUDGMENT IN WP(C) 5895/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.** - **4 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001.** - **5 ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT-673631.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 N.S.S. ENGLISH MEDIUM SCHOOL, NALLUR, FEROKE P.O., KOZHIKODE DISTRICT-673301, REPRESENTED BY THE SECRETARY OF THE NALLUR NSS KARAYOGAM COMMITTEE NO.3154, P.K. MURALEEDHARA MENON, S/O K.P. RAMAN MENON, AGED 58 YEARS, KUTTAMBALATH HOUSE, NALLUR, FEROKE P.O., KOZHIKODE DISTRICT.** **W.A.No.173 of 2019 & - 612 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26/2/2019 IN IA 2/19 IN WA 640/2019.** **BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 613 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.641 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 32913/2017(L) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, THRIKKAKKARA CIVIL STATION, KOCHI-682 030. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE EXODUS PUBLIC SCHOOL, (CBSE) SITUATED AT NAZARETH, KOCHI, ERNAKULAM DISTRICT-682 002, REPRESENTED BY ITS ADMINISTRATOR SMT. JOYCE NELSON, AGED 49 YEARS, WIFE OF SHRI. NELSON (DAUGHTER OF SHRI P.A. ANTONY), RESIDING AT PALLIPARAMBIL HOUSE, P.O., AMARAVATHY, KOCHI-682 001.** ## **W.A.No.173 of 2019 & - 614 - connected cases** **2 ADDL.R2. SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.641/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 615 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.642 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 20186/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM.** - **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, PRIYADARSHINI SCHOOL, EDAVATTOM, VELLIMON P.O, KOLLAM 690 504.** - **2 MANAGER, VINJAN ENGLISH MEDIUM SCHOOL, PUNUKKONNOOR, PERUMBUZHA P.O., KOLLAM-691504.** - **3 MANAGER, VRINDAVANAM ENGLISH MEDIUM SCHOOL, CHERUMOODU VELLIMON P.O, KUNDARA, KOLLAM 691 511.** **W.A.No.173 of 2019 & - 616 - connected cases** - **4 MANAGER, JAYA LP SCHOOL, PULLIYATHUMUKKU, KILIKOLLOOR P.O, KOLLAM 691 004.** - **5 MANAGER, VELANKANNI ENGLISH MEDIUM SCHOOL, KANDACHIRA, MANGAD P.O, KOLLAM 691 015.** - **6 MANAGER, GEO MOUNT PUBLIC SCHOOL, VENCHEMPU P.O, KOLLAM 691 333.** - **7 ADDL.R7 SECRETARY (AFFILIATION)** **CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R7 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.01/2019)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 617 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.643 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 8432/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 034.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR , THIRUVANANTHAPURAM 695 001.** - **4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE SUB DISTRICT EDUCATIONAL OFFICE, PARASSALA, THIRUVANANTHAPURAM 695 001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **UDAYA CONVENT SCHOOL, DHANUVACHAPURAM, PARASSALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER.PIN CODE-695 502.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 618 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.644 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 38025/2017(C) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691506, KERALA.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691506.** - **5 THE ASSISTANT EDUCATION OFFICER, ANCHAL-691306.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 INFANT JESUS ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRINCIPAL MANNOOR, KOLLAM (DIST), KERALA-691311.** **W.A.No.173 of 2019 & - 619 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 620 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.645 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 12360/2018(T) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 039. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM 695 014. 3 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE DISTRICT 673 573. 4 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, KOZHIKODE 673 032.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 LITTLE DIAMOND JUNIOR SCHOOL, REPRESENTED BY MANAGER, PAYYANAKKAL, KALLAI P.O., KOZHIKODE 673 003.** ## **W.A.No.173 of 2019 & - 621 - connected cases** **2 ADDL.R2.SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.2.2019 IN I.A.NO.2/2019 IN W.A.NO.645/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 622 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **WA.No.657 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 9493/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001.** - **4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 011.** - **5 THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM (NORTH)-695 001.** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **ST.ANNE'S ENGLISH MEDIUM SCHOOL REPRESENTED BY ITS MANAGER, PALLIMUKKU, PETTAH, THIRUVANANTHAURAM-24, KERALA.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 623 -** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.658 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 34294/2017(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT.** **4 THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR , PALAKKAD DISTRICT. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 THE MANAGER, ST.MARYS PUBLIC SCHOOL, ANJUMOORTHYMANGALAM, ANJUMOORTHY POST, ALATHUR TALUK, PALAKKAD DISTRICT-678 682.** ## **W.A.No.173 of 2019 & - 624 - connected cases** **2 ADDL.R2 SECRETARY, (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI -110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/2/219 IN IA 2/19.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **- 625 -** **W.A.No.173 of 2019 & connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.660 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 3298/2018(J) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 SUB DISTRICT EDUCATIONAL OFFICER PUNALUR, KOLLAM-691 305.** **2 DISTRICT EDUCATIONAL OFFICER, PUNALUR, KOLLAM-691 305.** **3 THE DEPUTY DIRECTOR, EDUCATION, KOLLAM-691 009.** **4 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001** **BY ADVS.** **SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 SANTHAMMA.D., MANAGER, EDAMON VOCATIONAL HIGHER SECONDARY SCHOOL, EDAMON P.O., PUNALUR ED. DISTRICT, KOLLAM-691 307.** ## **W.A.No.173 of 2019 & - 626 - connected cases** **2 ADDL.R2-SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110 092.** **ADDITIONAL R2 IS IMPLEADED AS PER THE ORDER DATED 26/02/2019 IN IA 2/2019.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 627 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.662 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 35244/2017(E) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCTION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686 661. 4 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682 030, KERALA.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 KING DAVID INTERNATIONAL SCHOOL, REPRESENTED THROUGH ITS MANAGER, VETTOOR, NELLAD P.O., ERNAKULAM DISTRICT-686 669.** ## **W.A.No.173 of 2019 & - 628 - connected cases** **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PRREET VIHAR, NEW DELHI-110 301.** **BY ADVS. SRI.MANU SRINATH SRI.JOSE ABRAHAM SRI. SANJAY R HEGDE, SR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 629 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.671 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 22467/2017(G) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** **1 MANAGER, SADGURU PUBLIC SCHOOL PEROOR, PULLUR P.O., ANANDASRAMAM, KASARGOD- 671 531. 2 CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH SHIKSHA KENRA, 2- COMMUNITY CENTRE, PREET VIAHR, NEW DELHI 110 092 REPRESENTED BY ITS SECRETARY.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & connected cases** ## **- 630 -** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.672 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 5508/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,**| ||**JAGATHY,**| ||**THIRUVANANTHAPURAM 695 034.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVALLA,**| ||**PATHANAMTHITTA 689 101.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**THIRUVALLA,**| ||**PATHANAMTHITTA 689 101.**| |**5**|**ASSISTANT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,**| ||**KONNI,**| ||**PATHANAMTHITTA 689 691.**| ||**BY ADVS.**| ||**SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL**| ||**SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER**| ||**SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER.**| ## **W.A.No.173 of 2019 & - 631 - connected cases** ## **RESPONDENT/S:** **VINEETHA JOHNSON MANAGER, ST. GEORGE PUBLIC SCHOOL, KAIPATTOOR, VALLICKODU VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE 689 648.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 632 - connected cases** ## **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.684 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 7654/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPUAM - 695 039.**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTION,**| ||**OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,**| ||**VAZHUTHACAUD, THIRUVANANTHAPUAM - 695 014.**| |**3**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**THIRUVANANTHAPUAM - 695 001.**| |**4**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**PATHANAMTHITTA - 689 645.**| |**5**|**DEPUTY DIRECTOR OF EDUCATION,**| ||**OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,**| ||**ALAPPUZHA - 688 001.**| |**6**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**7**|**DISTRICT EDUCATIONAL OFFICER,**| ||**OFFICE OF THE OFFICE OF THE DISTRICT EDUCATIONAL**| ||**OFFICER, THIRUVALLA - 689 621, PATHANAMTHITTA**| ||**DISTRICT.**| **W.A.No.173 of 2019 & - 633 - connected cases** - **8 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA - 690 101, ALAPPUZHA DISTRICT.** - **9 DISTRICT EDUCATIONAL OFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA - 689 654.** - **10 DISTRICT EDUCATIONAL OFFICER, RANNI - 689 672, PATHANAMTHITTA DISTRICT.** - **11 DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.** - **12 ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY - 689 641, PATHANAMTHITTA DISTRICT.** - **13 ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM - 690 502, ALAPPUZHA DISTRICT.** - **14 ASSISTANT EDUCATIONAL OFFICER, CHAVARA - 691 583, KOLLAM DISTRICT.** - **15 ASSISTANT EDUCATIONAL OFFICER, KONNI - 689 691, PATHANAMTHITTA DISTRICT.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 MANAGER, GOOD SHEPHERD CENTRAL SCHOOL, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM - 690 536.** - **2 MANAGER, ST.MARY'S MODEL SCHOOL KOODAL P.O., PATHANAMTHITTA DISTRICT, PIN - 689 693.** - **3 MANAGER, MARTHOMAN VIDYAPEEDOM, NIRANAM P.O, THIRUVALLA, PATHANAMTHITTA - 689 621.** - **4 MANAGER, OXFORD SCHOOL, KANJIPPUZHA, VALLIKUNNAM P.O., ALAPPUZHA - 690 501.** **- 634 -** **W.A.No.173 of 2019 & connected cases** - **5 MANAGER,** **SCIENTIFIC ACADEMY ENGLISH MEDIUM SCHOOL, TOWN ROAD, VADASSERYKARA P.O., PATHANAMTHITTA- 689 662.** - **6 CHAIRMAN, AKSHARAMUTTAM ENGLISH MEDIUM SCHOOL, SCHOOL JUNCTION, MURINJANKAL P.O., PATHANAMTHITTA DISTRICT - 689 693.** - **7 MANAGER,** **NATH MEMORIAL ENGLISH MEDIUM SCHOOL, NEAR ARMY RECRUITMENT OFFICE, POOJAPPURA, THIRUVANANTHAPURAM - 695 012.** **8 MANAGER, AKSHAYA ENGLISH MEDIUM SCHOOL, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA - 689 650.** **9 MANAGER, MAHATMA ENGLISH MEDIUM SCHOOL, KATTANAM, PALLICKAL P.O., ALAPPUZHA - 690 503.** - **10 ADDL.R10 SECRETARY (AFFILIATION) CENTRAL BOARD OF SECONDARY EDUCATION, CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET, PREET VIHAR, NEW DELHI-110092. (ADDL.R10 IMPLEADED AS PER ORDER DATED 08/07/2019 IN IA.NO.03/2019)** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 635 - connected cases** **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 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **WA.No.963 OF 2019** **AGAINST THE ORDER/JUDGMENT IN WP(C) 39417/2017(B) OF HIGH COURT OF KERALA** ## **APPELLANT/S:** **THE MANAGER, SANJOS PUBLIC SCHOOL, ST.JOSEPH, PARISH SHRINE, PAVARATTY, THRISSUR-680507.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039. 2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT, PIN-680506.** **BY ADVS. SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL SRI.M.A.ASIF, SPL. GOVERNMENT PLEADER SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2019, ALONG WITH WA.173/2019 AND CONNECTED CASES, THE COURT ON 12-07-2019 DELIVERED THE FOLLOWING:** **W.A.No.173 of 2019 & - 636 - connected cases** **==> picture [55 x 11] intentionally omitted <==** ## **JUDGMENT** **[ WA.173/2019, WA.1622/2018, WA.1655/2018, WA.1932/2018, WA.2051/2018, WA.2140/2018, WA.2284/2018, WA.2295/2018, WA.1236/2019, WA.1237/2019, WA.256/2019, WA.261/2019, WA.269/2019, WA.271/2019, WA.273/2019, WA.283/2019, WA.285/2019, WA.286/2019, WA.287/2019, WA.297/2019, WA.298/2019, WA.302/2019, WA.303/2019, WA.304/2019, WA.307/2019, WA.309/2019, WA.317/2019, WA.318/2019, WA.319/2019, WA.321/2019, WA.322/2019, WA.324/2019, WA.325/2019, WA.327/2019, WA.328/2019, WA.329/2019, WA.333/2019, WA.339/2019, WA.340/2019, WA.345/2019, WA.346/2019, WA.347/2019, WA.348/2019, WA.349/2019, WA.350/2019, WA.352/2019, WA.354/2019, WA.355/2019, WA.356/2019, WA.361/2019, WA.362/2019, WA.363/2019, WA.365/2019, WA.366/2019, WA.367/2019, WA.368/2019, WA.371/2019, WA.372/2019, WA.373/2019, WA.374/2019, WA.375/2019, WA.376/2019, WA.377/2019, WA.379/2019, WA.380/2019, WA.381/2019, WA.382/2019, WA.383/2019, WA.384/2019, WA.385/2019, WA.386/2019, WA.388/2019, WA.389/2019, WA.390/2019, WA.391/2019, WA.392/2019, WA.393/2019, WA.394/2019, WA.395/2019, WA.396/2019, WA.397/2019, WA.398/2019, WA.399/2019, WA.400/2019, WA.401/2019, WA.402/2019, WA.404/2019, WA.405/2019, WA.406/2019, WA.407/2019, WA.408/2019, WA.409/2019, WA.410/2019, WA.411/2019, WA.412/2019, WA.413/2019, WA.414/2019, WA.415/2019, WA.416/2019, WA.417/2019, WA.418/2019, WA.420/2019, WA.421/2019, WA.422/2019, WA.424/2019, WA.425/2019, WA.426/2019, WA.427/2019, WA.428/2019, WA.429/2019, WA.430/2019, WA.431/2019, WA.432/2019, WA.434/2019, WA.435/2019, WA.436/2019, WA.437/2019, WA.438/2019, WA.439/2019, WA.440/2019, WA.441/2019, WA.443/2019, WA.444/2019, WA.445/2019, WA.446/2019, WA.450/2019, WA.451/2019, WA.452/2019, WA.453/2019, WA.454/2019, WA.455/2019, WA.456/2019, WA.457/2019, WA.458/2019, WA.459/2019, WA.460/2019, WA.461/2019, WA.462/2019, WA.463/2019, WA.464/2019, WA.465/2019, WA.466/2019, WA.467/2019, WA.468/2019, WA.469/2019, WA.470/2019, WA.471/2019, WA.472/2019, WA.473/2019, WA.474/2019, WA.475/2019, WA.476/2019, WA.477/2019, WA.478/2019, WA.479/2019, WA.480/2019,** ## **W.A.No.173 of 2019 & - 637 - connected cases** **WA.481/2019, WA.482/2019, WA.483/2019, WA.484/2019, WA.485/2019, WA.487/2019, WA.488/2019, WA.489/2019, WA.490/2019, WA.491/2019, WA.492/2019, WA.493/2019, WA.494/2019, WA.496/2019, WA.497/2019, WA.498/2019, WA.499/2019, WA.500/2019, WA.501/2019, WA.502/2019, WA.503/2019, WA.504/2019, WA.505/2019, WA.506/2019, WA.507/2019, WA.508/2019, WA.509/2019, WA.510/2019, WA.511/2019, WA.512/2019, WA.513/2019, WA.514/2019, WA.515/2019, WA.516/2019, WA.517/2019, WA.518/2019, WA.519/2019, WA.520/2019, WA.521/2019, WA.522/2019, WA.523/2019, WA.524/2019, WA.525/2019, WA.526/2019, WA.527/2019, WA.528/2019, WA.529/2019, WA.530/2019, WA.531/2019, WA.532/2019, WA.533/2019, WA.534/2019, WA.535/2019, WA.536/2019, WA.537/2019, WA.538/2019, WA.539/2019, WA.540/2019, WA.541/2019, WA.542/2019, WA.543/2019, WA.544/2019, WA.545/2019, WA.546/2019, WA.547/2019, WA.548/2019, WA.549/2019, WA.550/2019, WA.551/2019, WA.552/2019, WA.553/2019, WA.554/2019, WA.555/2019, WA.556/2019, WA.557/2019, WA.558/2019, WA.559/2019, WA.560/2019, WA.561/2019, WA.562/2019, WA.563/2019, WA.564/2019, WA.565/2019, WA.566/2019, WA.567/2019, WA.568/2019, WA.569/2019, WA.570/2019, WA.571/2019, WA.572/2019, WA.573/2019, WA.574/2019, WA.575/2019, WA.576/2019, WA.577/2019, WA.578/2019, WA.579/2019, WA.580/2019, WA.581/2019, WA.582/2019, WA.583/2019, WA.584/2019, WA.585/2019, WA.586/2019, WA.587/2019, WA.588/2019, WA.589/2019, WA.590/2019, WA.591/2019, WA.592/2019, WA.593/2019, WA.594/2019, WA.595/2019, WA.596/2019, WA.597/2019, WA.598/2019, WA.599/2019, WA.600/2019, WA.601/2019, WA.602/2019, WA.603/2019, WA.604/2019, WA.605/2019, WA.606/2019, WA.607/2019, WA.608/2019, WA.609/2019, WA.610/2019, WA.611/2019, WA.612/2019, WA.613/2019, WA.614/2019, WA.615/2019, WA.616/2019, WA.617/2019, WA.618/2019, WA.619/2019, WA.620/2019, WA.621/2019, WA.622/2019, WA.623/2019, WA.624/2019, WA.625/2019, WA.626/2019, WA.627/2019, WA.628/2019, WA.629/2019, WA.630/2019, WA.631/2019, WA.632/2019, WA.633/2019, WA.634/2019, WA.635/2019, WA.636/2019, WA.637/2019, WA.638/2019, WA.639/2019, WA.640/2019, WA.641/2019, WA.642/2019, WA.643/2019, WA.644/2019, WA.645/2019, WA.657/2019, WA.658/2019, WA.660/2019, WA.662/2019, WA.671/2019, WA.672/2019, WA.684/2019, WA.963/2019 ]** **- 638 -** **W.A.No.173 of 2019 & connected cases** ## **Dated this the 12th day of July 2019** ## **JUDGMENT** ## **Vinod Chandran, J.** **This batch of appeals are against the judgment of a learned Single Judge in numerous writ petitions filed by the managements. The managements of schools, established and those aspiring to establish one, sought recognition of the Government as mandated under the Right of Children to Free and Compulsory Education Act, 2009 ["RTE Act" for brevity]. A sizeable number are minority institutions. The appeals by the State are with respect to the findings of the learned Single Judge that the "** _**assessment of educational need is only for the purpose of compelling Government or local authority to establish schools and not as a pre-condition for establishing such schools**_ **" (sic) (para 10). There were also contentions raised with respect to the guidelines framed by the State, which stood modified by the learned Single Judge in the review petitions filed. The State is not challenging those findings, since a Division Bench, while admitting the appeals, directed the State Government to consider the recognition based on the norms appealable to the respective Boards, like CBSE, ICSE, etc. The Government has conceded to that position and has** **- 639 -** **W.A.No.173 of 2019 & connected cases** ## **also issued Circulars in accordance with that.** **2. The appeals by the minority institutions assail the findings of the learned Single Judge, which puts such institutions at par with others, on the aspect of compliance of the various conditions stipulated in the notification and the RTE Act. They assert, they are totally absolved from the provisions of that Act by virtue of the protection under Article 30(1) of the Constitution of India.** **3. The learned Advocate General C.P Sudhakara Prasad, argued based on the documents produced in W.A.Nos.173 of 2019 and 363 of 2019. It is pointed out that a total of 796 applications for recognition were received from managements who wish to affiliate their schools with CBSE. The District Educational Officer ["DEO" for brevity] considered the same and rejected 534 applications, while recommending 262. The Director of Public Instruction ["DPI" for short] found that out of the recommended schools, 134 schools had prior recognition. 52 were defective applications, which were directed to be rectified. 56 applications were recommended by the DPI. As far as the recognition for schools seeking affiliation to the State Board, 371 were received, which are under** **W.A.No.173 of 2019 & - 640 - connected cases** **process. It is submitted by the learned Advocate General that all these applications would be considered based on the respective norms for affiliation. There would be no consideration of educational need as provided in the Rules with respect to these applications.** **4. However, the learned Advocate General would assert that in the coming years there is a requirement to consider the educational need in processing the applications as prescribed under the Rules. The learned Advocate General specifically takes us to Rule 14(14) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 [hereinafter referred to as "Kerala Rules of 2011"], which speaks of conforming to the norms and standards specified in the Schedule and those mentioned in these Rules and the proven educational need of the locality in which the school is proposed, as revealed from the school mapping carried out by the authorized agency, certified by the local authority and the Assistant Educational Officer ["AEO" for brevity]. This prescription is as allowed under Section 30 of the RTE Act. The educational need definitely has to be assessed by the authorities under the Government, failing which there would be mushrooming of schools which is not conducive to** **W.A.No.173 of 2019 & - 641 - connected cases** **provision of better education. The State while conceding to the mandate insofar as the RTE Act to provide education in the event of there being insufficiency of primary schools also asserts its power to reject the applications if there is a saturation of the educational need.** **5. The learned Advocate General relies on the decision of a learned Single Judge reported in** _**Manager, LPGS, Veliyam, Kollam v**_ **.** _**State of Kerala**_ **[** _**2015 (3) KHC 703**_ **], which has been approved by a Division Bench, also confirmed by the Hon'ble Supreme Court. According to the learned Advocate General, the impugned judgment requires interference insofar as finding that the educational need cannot be a criteria for rejecting an application for recognition. The Government, for the purpose of consideration of applications for recognition, insists on compliance with the Schedule to the RTE Act, the guidelines of the respective Boards and the educational need of the locality or a neighbourhood. The learned Advocate General also refers to Government Order dated 01.03.2019, produced as Annexure-I in W.A.No.173 of 2019 along with the statement dated 30.05.2019, as a reference point, resorted to for the consideration of applications from managements of schools desiring to get affiliation in Boards other than** **W.A.No.173 of 2019 & connected cases** ## **- 642 -** **the State Board. Government Order dated 22.05.2019, produced in W.A.No.363 of 2019 as Annexure A1, has the stipulations with respect to schools seeking recognition with intention of affiliating with the State Board. The learned Advocate General specifically points out that the policy of the Government in the applications now pending before it and considered as per the directions of the Division Bench, is more of grant and not rejection; without looking at educational need. However, the future applications would be only in consonance with the Rules and after reckoning the educational need in any neighbourhood or locality.** **6. Learned Senior Counsel Sanjay R. Hegde, appearing for the Association of schools joins issue with the State even on the question of recognition on the basis of the norms of the affiliating body. It is the submission of the learned Senior Counsel that the RTE Act provides a Schedule, which alone has to be looked at for the purpose of granting recognition. The State cannot add or subtract from it. Section 18 of the RTE Act is very clear insofar as providing for verification of the matters in the Schedule alone while considering a recognition. The RTE Act provides for recognition on the basis of the stand alone Schedule.** **W.A.No.173 of 2019 & - 643 - connected cases** **The intention of bringing in the RTE Act itself was to make operational the principles enshrined in Article 21A of the Constitution and ensure free and compulsory primary education on minimum standards prescribed in the Act. The Government Orders as pointed out by the learned Advocate General; confuse recognition with affiliation norms, which cannot be. The learned Senior Counsel also makes a reservation insofar as the Government Orders pointed out by the Government being subject of consideration before the learned Single Judge in separate writ petitions filed by the managements.** **7. On the question of educational need, the learned Senior Counsel would contend that while the RTE Act mandates the Government to provide education where there is insufficiency, it does not speak of a saturation of the educational need. The Government by making a prescription with respect to educational need, which is alien to the RTE Act, cannot thrust upon the students the notions of education which the Government harbours; which cannot even fall under the ambit of a policy. The student and parent has the ultimate say and has to be provided with the widest options available even with respect to private education. The State cannot provide a fetter on the ground of** **W.A.No.173 of 2019 & - 644 - connected cases** **educational need which would in fact interfere with the tenor and purport of Article 21A, which is a fundamental right; the implementation of which is the very intention of the RTE Act.** **8. On the question of minority institutions, the learned Senior Counsel would submit that it is more as a precautionary measure that the appeals are filed; especially when a Constitution Bench of the Hon'ble Supreme Court has categorically held that the RTE Act has no application to the minority institutions. The learned Senior Counsel would specifically assail the statement made by the learned Single Judge in paragraph 12 that the issue considered by the Supreme Court in** _**Pramati Educational and Cultural Trust v**_ **.** _**Union of India**_ **[** _**2014 (2) KLT 547 (SC)**_ **] is particularly confined to Section 12(1)(c) of the RTE Act and with regard to the definition of 'school' as referred under Section 2(n)(iv). The ratio of the decision of the Hon'ble Supreme Court is confined to the challenge made to the aforesaid provisions, was the categoric finding. However, a reading of the judgment would show that the Hon'ble Supreme Court has specifically held that the RTE Act itself would not apply to a minority institution, whether it be aided or unaided. It is pointed out that this** **W.A.No.173 of 2019 & - 645 - connected cases** **aspect would be argued by the various parties when the challenge to the Government notifications, now produced before this Court dated 01.03.2019 and 22.05.2019, which adopt a different principle from that adopted by the learned Single Judge in the review are heard. It is argued that the observations of the learned Single Judge as to the decision in** _**Pramati Educational and Cultural Trust**_ **being confined to admission of students from marginalized sections of the society and disadvantageous groups be set aside and the issue be kept open.** **9. Sri.Mohan Jacob George, who appears in many of the appeals filed by the institutions – all minority institutions – treads a different path from that taken by the learned Senior Counsel who appears for the Association of Schools. The learned Counsel would first point out that the order in review is incompetent. The judgment was never taken up by the State in review in all the writ petitions. A single review was filed and all the disposed off writ petitions were posted together without even serving a copy of the review petition on the other writ petitioners. In such circumstances, the learned Single Judge could not have passed an order on review and made it applicable to the other writ petitions; in which a judgment had already been** **W.A.No.173 of 2019 & - 646 - connected cases** **passed and no review filed by the State. In the solitary review petition, the Government had produced a set of guidelines, which have been modified to some extent by the learned Single Judge. The learned Counsel would submit that the order in review, in any event, has to be set aside. The common judgment taken in the batch of writ petitions is assailed on the aspect of the effect of the RTE Act to the minority institutions.** **10. It is pointed out by the learned Counsel that** **a three-Judge Bench of the Hon'ble Supreme Court in** _**Society - for Un aided Private Schools of Rajasthan v. Union of India**_ **[** _**(2012) 6 SCC 1**_ **] held that the RTE Act will not be applicable to unaided minority schools. Later, there was a reference made by another Bench, which culminated in the decision in** _**Pramati Educational and Cultural Trust**_ **. The Larger Bench of five learned Judges, in that decision upheld the earlier decision insofar as it held that the RTE Act would not be applicable to unaided minority institutions. However, with respect to aided minority institutions also, the Larger Bench held that the RTE Act would not be applicable. This settles the issue insofar as the minority institutions are concerned and there can be no mandate of a recognition under the RTE Act of 2009 insofar** **W.A.No.173 of 2019 & - 647 - connected cases** **as minority institutions.** **11. It is the further case of Sri.Mohan Jacob George that there are many schools established and administered by minority institutions which cater to the marginalized sections of society and disadvantageous groups alone; that too of the minority community. They only cater to elementary education and in many cases children do not go beyond the elementary school. The attempt is to at least provide elementary education to such sections of society and they cannot be directed to affiliate to one or other Board, which mandate also arise only under the RTE Act. There is nothing other than the RTE Act and the Rules framed by the State to prohibit such minority institutions from carrying on the elementary education, on a syllabus devised by themselves or adopted either from the NCERT or SCERT, but requiring no affiliation in any of the Boards existing within the country. The said schools also could seek a switch over and seek for affiliation at a later stage. They cannot be asked to close down merely under the provisions of the RTE Act. These students, when it is possible for them, after elementary education, seek further education under various systems existing in the country which do not provide for any stringent terms of** **- 648 -** **W.A.No.173 of 2019 & connected cases** **affiliation. For example, the National Institute of Open Schooling, under the Ministry of Human Resources Development, Government of India is one such mode. It is also argued that there are other Boards recognized universally, but not having a formal recognition within India under whom, systems of education are carried on which are recognized by the Universities in the country and the State. We notice immediately that there is not even one appeal pointed out by the learned Counsel where the appellant-institution is affiliated to such a Board.** **12. At the outset, we have to note that we are, in all these matters, concerned only with elementary education, which alone is regulated by the provisions of the RTE Act, including a mandate as to recognition for schools carrying on elementary education within the country. We also have to find that the order in a solitary review petition is incompetent. It is argued by the learned Advocate General that all the writ petitions which were disposed of by the impugned judgment were posted along with the review petition. The review in one writ petition, cannot regulate the issue in the other writ petitions, where judgment rendered has become final, against which now appeals are filed. We would not say anything further of the** **W.A.No.173 of 2019 & - 649 - connected cases** **order on review, since as of now the guidelines framed by Government and placed before the learned Single Judge, for the purpose of considering recognition of schools and modified by the learned Single Judge, is not relied on by the Government. The Government has gone by the interim order passed in the Writ Appeals, which directed consideration of the recognition on the basis of the norms existing for affiliation with the respective Boards. The order in review, is irrelevant, as of now.** **13. The Government Orders dated 01.03.2019 and 22.05.2019 produced as Annexure-I respectively in W.A.No.173 of 2019 and W.A.No.363 of 2019, are challenged in subsequent writ petitions pending before the learned Single Judge. Wherever the Government has rejected the applications, the affected managements would have to challenge the same, being a fresh cause of action. Hence, it may not be proper for us to consider whether the Government Orders and the terms noticed therein are sustainable. Suffice it to observe that we are of the opinion that the consideration in accordance with the terms of affiliation cannot be faulted. In this context, we notice the judgment of the Hon'ble Supreme Court in** _**State of Kerala & Another v**_ **.** _**Mythri Vidya Bhavan English Medium**_ **W.A.No.173 of 2019 & connected cases** ## **- 650 -** ## _**School & Others**_ **[** _**AIR 2018 SC 2258**_ **]. Therein, a guideline of** **the State Government requiring a minimum of three acres of land for obtaining a No Objection Certificate [NOC] to establish a CBSE school was struck down along with the prescription of a minimum of 300 students, holding the conditions to be onerous, arbitrary and totally lacking in any rationale.** **14.** _**Mythri Vidya Bhavan E.M.S**_ **proceeds on the finding that the CBSE having done its home work well, has taken a pragmatic view of the requirement of land, considering the terrain of the locations in the various States. It was not open for the State Government to prescribe a condition in addition to or in excess of that prescribed by the CBSE. It was also noticed that the Government schools in the State did not satisfy either of the conditions of extent of land and minimum student strength; which also did not provide the facilities the private managements were providing. The Court specifically referred to the ground of mushrooming schools, raised by the State there too; to reject establishment of Schools with affiliation to the CBSE. It was held; that admitted fact only indicated the public education system run by the Government, to be wanting and lacking the desired quality** **W.A.No.173 of 2019 & - 651 - connected cases** **of education. The State Government was found to have no such authority to make additions to these conditions, in excess of that prescribed by the affiliating body. There the State had required a minimum extent of 3 acres of land while the affiliation norms of the CBSE required only 2 acres. Here, the State has agreed to follow and look at the affiliation norms in considering recognition under the RTE Act.** **15. We cannot ignore the contention raised by the learned Senior Counsel appearing for the Associations that recognition and NOC are distinct concepts. The learned Advocate General for the State submits that, according to the Government it is one and the same especially when the terms of affiliation are verified by the State along with the educational need to grant recognition as directed by this Court. The Association of Schools, however, submit that in granting recognition what the State has to verify is only whether the school complies with the conditions in the Schedule of the Act. It has also been argued that Section 18 of the RTE Act mandates the stipulations in the Act and Schedule alone to be verified. We cannot accept the said contention looking at Section 18(1) and (2), which are extracted hereunder:** **- 652 -** **W.A.No.173 of 2019 & connected cases** **"18. No school to be established without obtaining certificate of recognition.- (1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate or recognition from such authority, by making an application in such form and manner, as may be prescribed.** **(2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions as may be prescribed:** **Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under Section 19".** **{underlining by us for emphasis}** **16. We also have to notice Section 38, which is the rule making power of the appropriate Government. We extract hereunder Section 38(1) and Section 38(2)(h).** **"38. Power of appropriate Government to make rules.- (1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.** **(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may** **- 653 -** **W.A.No.173 of 2019 & connected cases** **provide for all or any of the following matters, namely:-** **xxx xxx xxx** **(h) the form, the period, the manner and the conditions for issuing Certificate of Recognition, under sub-section (2) of Section 18". {underlining by us for emphasis}** **17. Sub-section (2) of Section 18 provides for the issuance of a certificate of recognition in such form, within such period, in such manner and subject to such conditions, as may be prescribed. Hence, the form, the period and the manner of issuance; as also the conditions could be prescribed by the State Government. The proviso additionally mandates that no recognition shall be granted to a school unless it fulfils the norms and standards specified under Section 19, which Section 19 speaks of the Schedule enumerating such norms and standards. We would understand the provision as a mandate to consider recognition only when the school fulfils the norms and standards specified in the Schedule, but leaving authority to the appropriate Government to prescribe the other conditions which would not in any manner dilute the norms and standards specified in the Schedule. The learned Senior** **W.A.No.173 of 2019 & - 654 - connected cases** **Counsel had referred us to Section 20, which confers power to amend the Schedule, exclusively on the Central Government. Prescription of conditions under Section 18(2) without interfering with the norms and standards, or diluting the same in any manner, as specified in the schedule would not be an amendment to the Schedule and the appropriate Government has sufficient powers to do that.** **18. Further, our interpretation is in harmony with Section 38(2)(h) as extracted hereinabove. The rule making power also confers power on the State Government to prescribe the conditions for issuing a certificate of recognition. The State Government wisely has adopted the terms of affiliation as the conditions for recognition, which, though not prescribed, has been specified in the manner of guidelines. We would steer clear of looking at the guidelines as per the Government Orders mentioned above for reason only of the challenge raised against it, pending before the learned Single Judge.** _**Mythri Vidya Bhavan E.M.S**_ **also found the authority of the Government to prescribe conditions, to be curtailed, on a reading of the affiliation norms of the CBSE. But, in the context of the adoption of the affiliation norms, we would agree with the learned Advocate General that there is not much difference** **W.A.No.173 of 2019 & - 655 - connected cases** **between recognition and NOC.** **19. The Association of Schools maintain that recognition, is only on the basis of the Schedule and NOC is issued after looking at the terms of affiliation. We do not agree with the said contention and find the recognition and NOC by the State Government to be one and the same in the context of the State Government looking at the affiliation norms of the respective Boards for the purpose of granting recognition. Recognition, again, is not only a statutory mandate as per the RTE Act but also a requirement of the affiliation norms of the CBSE. We also have to notice that the learned Counsel appearing for the respective Boards, here the CBSE and ICSE, agreed with the procedure adopted by the State and also are in favour of the same, since, admittedly, they do not have the infrastructure or staff to carry out such verification. They only submit that the recognition cannot be taken as a mandate for affiliation, which the respective Boards will have to consider on the basis of their Regulations or Bye-laws. We have to concede such power to the respective Boards and the recognition alone would not enable affiliation; the later of which has to be considered on the terms of affiliation by the respective Boards.** **W.A.No.173 of 2019 & - 656 - connected cases** **20. In the appeals, we are also concerned with two** **issues (i) as to whether citing educational need the State could reject an application for recognition and (ii) whether the recognition could be insisted for the minority institutions, whether it be aided or unaided.** **21. On the issue of educational need, the learned Advocate General specifically takes us through Rule 14(14) of the Kerala Rules of 2011, which is extracted hereunder:** **"R.14(14) An educational agency or society proposing to start a new school or upgrade an existing school shall furnish an application in the prescribed format Form No.III and shall conform to the norms and standards specified in the Schedule and those mentioned in these rules, and the locality in which the school is proposed to be started has a proven educational need as revealed in the school mapping carried out by the authorized agency and such educational need shall be certified by the local authority and the Assistant Educational Officer concerned".** **The (underlined) emphasis is on the locality in which the school is proposed to be started, having a proven educational need as revealed in the school mapping carried on by the authorized agency and such educational need being certified by the local authority and the AEO concerned.** **- 657 -** **W.A.No.173 of 2019 & connected cases** _**Manager, LPGS, Veliyam, Kollam**_ **, after perusing the** **provisions of the RTE Act, enumerated the obligations of the Government under the Act. There was a reference to the educational need and the manner in which it is to be determined on a reference to the demarcated territorial limits of a local authority and the population within the area. There is no declaration discernible as to the specific argument raised by the State, on educational need, in these batch of writ petitions. We find the decision to have no application to these cases.** **22. The above mentioned Rules are pressed into service especially referring to Section 2(a)(ii)(A), Sections 3 and 6 read with Sections 18 and 38(2)(h). Section 2(a)(ii)(A) provides for "appropriate Government", which with respect to a school established within the territory of a State, is the State Government if such school is not owned or controlled by the Central Government or the Administrator of a Union Territory. Section 3 provides for the right of a child to free and compulsory education in a neighbourhood school till the completion of his/her elementary education and Section 6 provides a duty on the appropriate Government or the local authority to establish, within such area or limits of neighbourhood, a** ## **W.A.No.173 of 2019 & - 658 - connected cases** **school within three years from the commencement of the RTE Act. Hence, educational need has to be assessed by the State Government and the same is the reigning criteria insofar as establishment of schools as also for their recognition which could also result in the rejection of application for recognition if there are enough schools in the locality or neighbourhood to cater to the needs of the children between the age of six to fourteen years, is the compelling argument of the State.** **23. The compulsion on the State or the appropriate Government to provide free and compulsory education according to the educational need as provided for in the Act cannot result in a negative finding, on the application for recognition, based on the assumed saturation of the educational need by the existing schools. The State Government cannot thrust upon the parents or the students its own ideas or notions of quality education and curtail the option of the students/parents to receive the best education according to their choice. Educational need can only act as a compulsive force; a statutory force too, to compel the State Government to establish sufficient schools for the purpose of elementary education in a locality if there are not enough schools to provide that. Even when** **- 659 -** **W.A.No.173 of 2019 & connected cases** **there are umpteen number of schools, the State Government cannot find a saturation of the educational need and thus reject the recognition of an application for establishment of a school which otherwise is permissible. This is precisely what** _**Mythri Vidya Bhavan E.M.S**_ **observed, as to the public education in the State wanting in quality; if there is mushrooming of schools affiliated to the CBSE. The State cannot monopolize education or canvass the education provided in schools affiliated to the State Board and to that end reject affiliation under other Boards having national recognition and presence. If that be done it would only result in fettering and curtailing the option available to the students and parents to get the best education possible. That is not the intention of the RTE Act, which aims at providing free and compulsory education to all, in implementation of the constitutional mandate under Article 21-A. The RTE Act does not envisage any curtailment or confinement of elementary education to one or the other modes. If such a restriction is provided it would go against the constitutional vision of free and compulsory education. The prescription of educational need to reject an application for recognition would hence be** _**ultra vires**_ **the statute and the Constitution. We uphold the** **- 660 -** **W.A.No.173 of 2019 & connected cases** **findings of the learned Single Judge on the aspect of educational need, not enabling the State to reject an application for recognition. The provision in the rules would stand read down to that extent.** **24. We then come to the challenge raised by the minority institutions against the mandate of a recognition under the Act of 2009. The learned Single Judge has found that the protection under Article 30(1) of the Constitution could only enable the management of the minority institutions to admit students without any fetter as noticed from Section 12(1)(c) of the RTE Act. We are, however, unable to agree with the finding of the learned Single Judge especially looking at the decisions of the** _**-**_ **Hon'ble Supreme Court in** _**Society for Un aided Private Schools of Rajasthan**_ **and** _**Pramati Educational and Cultural Trust**_ **. The learned Advocate General as also the learned Counsel for the respective Boards emphasized, the well established principle of lawfully imposed restriction in the conduct of a school by the Legislature or the Executive as a condition for receiving grant or recognition, not necessarily impairing the rights of the minority institutions. It is also argued that the consideration in both the aforesaid decisions was confined to whether the** **- 661 -** **W.A.No.173 of 2019 & connected cases** **minority institutions should admit 25% of the strength of Class-I from children belonging to weaker sections and disadvantageous group in the neighbourhood, for providing free and compulsory elementary education, as provided for in Section 12(1)(c).** ## **25. We cannot but notice paragraphs 59, 62 and 63** _**-**_ **of** _**Society for Un aided Private Schools**_ **:** **"59. The above well-settled principles have to be seen in the context of 2009 Act enacted to implement Article 21-A of the Constitution. At the outset, the question that arises for consideration is what was the intention of Parliament? Is the 2009 Act intended to apply to unaided minority schools?** **xxx xxx xxx** **62. Reservations of 25% in such unaided minority schools result in changing the character of the schools if right to establish and administer such schools flows from the right to conserve the language, script or culture, which right is conferred on such unaided minority schools. Thus, the 2009 Act including Section 12(1)(c) violates the right conferred on such unaided minority schools under Article 30(1).** **63. However, when we come to aided minority schools we have to keep in mind Article 29(2). As stated, Article 30(1) is subject to Article 29(2). The said article confers right of admission upon every citizen into a State-aided educational** **- 662 -** **W.A.No.173 of 2019 & connected cases** **institution. Article 29(2) refers to an individual right. It is not a class right. It applies when an individual is denied admission into an educational institution maintained or aided by the State. The 2009 Act is enacted to remove barriers such as financial barriers which restrict his/her access to education. It is enacted pursuant to Article 21-A. Applying the above tests, we hold that the 2009 Act is constitutionally valid qua aided minority schools".** **{underlining by us for emphasis}** **26. The question specifically considered by the Hon'ble Supreme Court as noticed from paragraph 59 is the application of the 2009 Act [RTE Act]. In paragraph 62 it was categorically held that "** _**2009 Act including Section 12(1)(c) violates the right conferred on such aided minority schools under Article 30(1)**_ **". Paragraph 63, wherein the Act of 2009 was found to be 'constitutionally valid qua aided minority schools' has been overturned by a Larger Bench in** _**Pramati Educational and Cultural Trust**_ **, from which we notice paragraph 56:** **"56. In the result, we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-sixth Amendment) Act, 2002 inserting Article 21-A of the Constitution do not alter the basic structure or** **W.A.No.173 of 2019 & connected cases** ## **- 663 -** **framework of the Constitution and are constitutionally valid. We also hold that the 2009 Act is not** _**ultra vires**_ **Article 19(1)(g) of the Constitution. We, however, hold that the 2009 Act insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution is** _**ultra vires**_ **the Constitution. ..."** **{underlining by us for emphasis}** **27. We cannot disagree or differ from the binding precedents of the aforesaid decisions and we have to find the minority institutions to be excluded from the RTE Act and the mandate of recognition. But, however, in getting an affiliation from a duly constituted Board, the Regulations framed are mandatory in character. Necessarily even a minority institution will have to comply with the terms or conditions for affiliation under the respective Boards. We noticed at the outset that we are only concerned with the elementary education, for which, according to Sri.Mohan Jacob George, learned Counsel appearing for certain appellants-managements; even a non-minority institution would not require a recognition if the affiliation norms of a Board does not provide for such recognition to be obtained from the Government. We also notice that there is not a single non-minority institution before us in appeal.** **- 664 -** **W.A.No.173 of 2019 & connected cases** **28. Sri.Mohan Jacob George has argued that there are many Boards other than CBSE and ICSE, which are recognized by the Universities within the State itself, like Edexcel IGCSE, GCE 'O' level and 'A; level, which are recognized as equivalent to 10+2. There is also National Institute of Open Schooling, which affiliates schools for Open Basic Education (OBE) programmes with 'A' Level equivalent to Class I to III, 'B' Level with Class I to V and 'C' Level with Class I to VIII. The CBSE Regulations also speaks of affiliation from the Middle Level and does not speak of affiliation from a Primary Level. The contention raised is that there are many individuals and institutions, incorporated and otherwise, who carry on elementary education in backward areas to equip the children from such backward areas for a better tomorrow. They provide facilities far in excess of that provided by the Government, purely as a charitable activity and there cannot be a shutting down of such institutions on the ground of there being no educational need or a rejection simpliciter of recognition by the State Government. We reiterate, there is no such institution in** **appeal before us.** **- 665 -** **W.A.No.173 of 2019 & connected cases** **29. We again have to notice that the RTE Act and the provisions therein apply only to elementary education, to consider whether minority and non-minority schools require recognition of the State. We also have to pertinently observe that the mere fact that some institution or individuals from the minority community, are providing elementary education in backward areas for students, of their community, from the marginalized sections of society, cannot be a reason to assume that these students would not proceed further than, elementary education. Hence, what is required in providing elementary education is to equip them for the Secondary, Higher Secondary and University streams of education. A system of education which does not enable the students to get themselves admitted to Secondary or Higher Secondary education cannot at all be encouraged. We have to consider such situations or aspects separately and we would first look at the contention raised of the non-minority institutions not requiring recognition for conduct of elementary schools, for completeness, despite no such institution having filed an appeal.** **30. Secondary and Higher Secondary education, is absolutely necessary to enable a student to move on to an** **W.A.No.173 of 2019 & - 666 - connected cases** **University. The Secondary and Higher Secondary examinations and evaluation have to be by the recognized Boards, either at the State level or the National level. In seeking an affiliation with either of such Boards, definitely the affiliation norms has also to be complied with. As far as elementary education by a non-minority institution, the RTE Act applies squarely. We look at Section 29 of the Act, under Chapter V, which speaks of "Curriculum and Completion of Elementary Education". Section 29(1) provides that curriculum and evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. It is admitted that the appropriate Government has prescribed SCERT as the academic authority, under Rule 20 of the Rules of 2011. The schools affiliated to a Board of** **Examinations recognized for the purpose of conducting Secondary and Higher Secondary examinations; enabling further University education, follows a recognized curriculum and evaluation procedure. If an elementary school does not follow such curriculum and evaluation procedure, the students studying therein cannot proceed further to the Secondary or Higher Secondary level as also aspire to the University stream. We, hence, find the** **- 667 -** **W.A.No.173 of 2019 & connected cases** **recognition and affiliation to be necessary for establishment of an elementary school by a non-minority institution, the recognition being granted by the State Government under the RTE Act and the affiliation by the respective Boards as per the terms and conditions in their Regulations. As we noticed hereinabove when such recognition has been granted on the basis of the affiliation norms a NOC by the State Government is automatic. We also have to provide a caveat in so far as the affiliation being at the discretion of the respective Boards; despite a recognition granted and NOC issued by the State Government.** **31. On the question of minority institutions, the issue stands covered by the decisions of the Hon'ble Supreme Court above referred and for carrying on elementary education, they require no recognition under the RTE Act. We can only make a reservation insofar as the minority institutions stand alone with elementary education or also admitting students to Secondary and Higher Secondary level, necessarily requires an affiliation from either of the recognized Boards of Secondary and Higher Secondary examinations, without which the students passing out from the 8[th] standard would otherwise be deprived of the** **W.A.No.173 of 2019 & - 668 - connected cases** **Secondary and Higher Secondary education and would also be, not admitted to the University stream. Hence, despite the application of the RTE Act being excluded, recognition would have to be obtained as per the Regulations of the Board of Examinations under which they seek affiliation. If there is a prescription for recognition as is found in the affiliation norms of the CBSE, necessarily the minority institutions would have to obtain that in accordance with such terms and conditions as stipulated for affiliation.** **32. It is also an admitted fact that the minority institutions carrying on Secondary and Higher Secondary education, have been complying with such terms and conditions of affiliation even prior to the RTE Act. The promulgation of the RTE Act and the statutory mandate of recognition brought in, which has been held to be not applicable to minority institutions by the Hon'ble Supreme Court, cannot lead to the norms of affiliation being rendered nugatory with respect to the minority institutions; which they were obliged to follow even earlier. In this context we notice the decision of Constitutional Bench, comprised of six learned Judges, in** _**Sidhrajbhai v. State of Gujarat [1963(3)SCR 837].**_ **- 669 -** **W.A.No.173 of 2019 & connected cases** _**33. In Sidhrajbhai**_ **the rules framed by the** **Government for reservation of seats, under orders of Government upto 80% and the threat to withhold grant-in-aid and recognition on failure to concede, were held to infringe the fundamental freedom guaranteed to a minority institution under Article 30(1). But the following extracts are apposite:** **"10. ... All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice; and any law or executive direction which seeks to infringe the substance of that right under Article 30 (1) would to that extent be void. This, however, is not to say that it is not open to the State to impose regulations upon the exercise of this right. The fundamental freedom is to establish and to administer educational institutions: it is a right to establish and administer what are in truth educational institutions-institutions which cater to the educational needs of the citizens, or sections thereof. Regulation made in the true interests of efficiency of instruction, discipline, health, sanitation, morality, public order and the like may undoubtedly be imposed. Such regulations are not restrictions on the substance of the right which is guaranteed: they secure the proper functioning of the institutions, in matters** **W.A.No.173 of 2019 & connected cases** ## **- 670 -** ## **educational.** ## **xxx xxx** ## **xxx** **15. The right established by Article 30(1) is a fundamental right declared in terms absolute. Unlike the fundamental freedoms guaranteed by Article 19 it is not subject to reasonable restrictions. It is intended to be a real right for the protection of the minorities in the matter of setting up of educational institutions of their own choice. The right is intended to be effective and is not to be whittled down by so-called regulative measures conceived in the interest not of the minority educational institution, but of the public or the nation as a whole. If every order which while maintaining the formal character of a minority institution destroys the power of administration is held justifiable because it is in the public or national interest, though not in its interest as an educational institution the right guaranteed by Article 30(1) will be but a “teasing illusion” a promise of unreality. Regulations which may lawfully be imposed either by legislative or executive action as a condition of receiving grant or of recognition must be directed to making the institution while retaining its character as a minority institution effective as an educational institution. Such regulation must satisfy a dual - test the test of reasonableness, and the test that it is regulative of the educational character of the institution and is conducive to making the institution an effective vehicle of education for** **W.A.No.173 of 2019 & - 671 - connected cases** **the minority community or other persons who resort to it".** **34.** _**Sidhrajbhai**_ **also copiously referred to** _**Kerala Education Bill, 1957, In re**_ **: 1959 SCR 995, and the now famous quote that “** _**the right to administer did not include a right to maladminister, and the minority could not ask for aid or recognition for an educational institution run by them in unhealthy surroundings, without any competent teachers possessing any semblance of qualification, and which did not maintain even a fair standard of teaching or which taught matters subversive of the welfare of the scholars**_ **”.** **35. Apposite also would be reference to the following paragraphs from** _**State of Kerala v. Very Reverend Mother Provincial [(1970) 2 SCC 417];**_ **another Constitution Bench of co-equal strength:** **"9. The next part of the right relates to the administration of such institutions. Administration means “management of the affairs” of the institution. This management must be free of control so that the founders or their nominees can mould the institution as they think fit, and in accordance with their ideas of how the interests of the community in general and the institution in particular will be best served. No part of this management can be taken away and vested** **- 672 -** **W.A.No.173 of 2019 & connected cases** **in another body without an encroachment upon the guaranteed right.** **10. There is, however, an exception to this and it is that the standards of education are not a part of management as such. These standards concern the body politic and are dictated by considerations of the advancement of the country and its people. Therefore, if universities establish the syllabi for examinations they must be followed, subject however to special subjects which the institutions may seek to teach, and to a certain extent the State may also regulate the conditions of employment of teachers and the health and hygiene of students. Such regulations do not bear directly upon management as such although they may indirectly affect it. Yet the right of the State to regulate education, educational standards and allied matters cannot be denied. The minority institutions cannot be allowed to fall below the standards of excellence expected of educational institutions, or under the guise of exclusive right of management, to decline to follow the general pattern. While the management must be left to them, they may be compelled to keep in step with others. These propositions have been firmly established in** _**State of Bombay**_ **v.** _**Bombay Education Society**_ **[(1955) 1] SCR 568[(1951)]** ~~**,**~~ _**State of Madras**_ **v.** _**S.C. Dorairajan**_ **SCR 525** ~~**,**~~ _**In re the Kerala Education Bill, 1957**_ **[1959] SCR 995** ~~**,**~~ _**Sidharajbhai**_ **v.** _**State of Gujarat**_ **[(1963) 3] SCR 837** ~~**,**~~ _**Katra Education Society**_ **v.** _**State of U.P.**_ **- 673 -** **W.A.No.173 of 2019 & connected cases** **(1966) 3 SCR 828** ~~**,**~~ _**Gujarat University, Ahmedabad**_ **v.** _**Krishna Ranganath Mudholkar**_ **[(1963) Suppl 1 SCR 112] and** _**Rev. Father W. Proost**_ **v.** _**State of Bihar**_ **[(1969) 2] SCR 73** ~~**.**~~ **In the last case it was said that the right need not be enlarged nor whittled down. The Constitution speaks of administration and that must fairly be left to the minority institutions and no more. Applying these principles we now consider the provisions of the Act".** **We would also, in this context, refer to paragraph 139 of** _**T.M.A.Pai Foundation v**_ **.** _**State of Karnataka**_ **[** _**(2002) 8 SCC 481]**_ **, which we extract hereunder:** **“139. Like any other private unaided institutions, similar unaided educational institutions administered by linguistic or religious minorities are assured maximum autonomy in relation thereto; e.g. method of recruitment of teachers, charging of fees and admission of students. They will have to comply with the conditions of recognition, which cannot be such as to whittle down the right under Article 30”.** **(underlining by us for emphasis)** **If the conditions of recognition apply even to unaided private minority institutions, definitely it applies to aided private minority institutions.** **- 674 -** **W.A.No.173 of 2019 & connected cases** **36. Hence, it is not as if the State cannot impose any conditions for recognition of a minority institution. Here the State has insisted only for following the norms and regulations of the affiliating Boards. The Boards of Examinations like the CBSE, ICSE and even the State Board has prescribed the essential conditions of affiliation only with the intention of making the affiliated schools better and effective vehicles of education. It is imperative that the minority institutions also follow the general accepted patterns of education prevalent in the country. They cannot be permitted to have their own syllabi or a syllabi of an unrecognized examination body/board which would frustrate the aspiration of a student for higher education. A minority institution cannot be heard to proclaim that it would provide an education to the students, at least or even to those sourced from that community, which, even if not generally accepted or enabling higher studies, would according to the tenets of that community equip the students to a better life. The State in such circumstances definitely has the authority to step in and bring the institution to the mainstream of the educational system followed within it territories, which is in public interest. Though we hold, respectfully following the** **W.A.No.173 of 2019 & - 675 - connected cases** **decisions of the Hon'ble Supreme Court that the RTE Act is not applicable to minority institutions, we, nevertheless find such minority institutions also to be necessarily affiliated under recognized Boards of Examination, even if any such institution imparts only elementary education. Otherwise, the vision behind providing for free and compulsory elementary education would be defeated and the aspirations to proceed for higher education stand frustrated; of the students studying in un-affiliated schools.** **37. W.A.No.521 of 2019 is by a non-minority institution, where the learned Senior Counsel Sri.R.D.Shenoi has a contention with respect to Section 19 of the RTE Act. According to him, with respect to a school established before the commencement of the Act, the mandate is only to take steps, to fulfil the norms and standards specified in the Schedule, within a period of three years from the date of commencement of the Act. It is the submission of the learned Senior Counsel that the respondent-institution has commenced the steps; but, however, the same is not completed, which enables the continuance of the school. We need only look at Section 18(3) to summarily reject the above contention. When a** **W.A.No.173 of 2019 & - 676 - connected cases** **school fails to fulfil the norms and standards within the period prescribed under sub-section (2), the authority prescribed under sub-section (1) is required, under sub-section (3), to withdraw the recognition granted to the school.** **38. We, hence, dispose of all the appeals in the following manner:** **(i) The appeals of the State, challenging the finding of the learned Single Judge that educational need or saturation of the same cannot be a reason to reject the application for recognition, are rejected upholding the view taken by the learned Single Judge.** **(ii) We find the order in review to be incompetent to upset the judgment in the Writ Petitions and as a result, the guidelines produced in the review is of no consequence.** **(iii) We uphold the stand of the Government, taken at this appellate stage, of considering recognition under the RTE Act by verifying the compliance of the Schedule under the Act and the affiliation norms of Secondary and Higher Secondary Examination Boards. We, however, leave open the challenge to the Government Orders G.O.(Ms) No.22/2019/GEDN dated 01.03.2019 and G.O.(Ms) No.45/2019/GEDN dated 22.05.2019, subject to our above finding.** **W.A.No.173 of 2019 & - 677 - connected cases** **(iv) The minority institutions carrying on elementary education are saved from the application of the RTE Act, 2009. But even they have to get affiliations from recognized Boards of Examinations and comply with the terms of the affiliating body/board. If recognition of the State is prescribed by that body/board; it has to be obtained, in the terms above declared. The minority institutions too thus have to be affiliated to one recognized Board or another, lest otherwise it would be no “effective vehicle of education” (sic** _**Sidhrajbhai - para 15)**_ **.** **(v). The State in considering recognition either under the RTE Act and as stipulated by the affiliating board/body is competent to look into the norms and conditions of affiliation as prescribed by the affiliating board/body and when so satisfied as to the grant of recognition, shall also issue a NOC as required.** **(vi). The State can prescribe such further conditions under the RTE Act, which are not onerous, impractical or arbitrary; without diluting the Schedule under Section 19, in public interest, the grievance against which are to be individually tested, on the anvil of reasonableness.** **(vii) The non-minority institutions even if confined to elementary education, are required to comply with the** **W.A.No.173 of 2019 & - 678 - connected cases** **provisions of the RTE Act.** **39. On the above findings, the appellants in W.A.No.2051 of 2018, who are minority institutions are entitled to seek for the appeal to be allowed. All the petitioners, minority institutions, have been affiliated even prior to the commencement of the RTE Act, which affiliation is continued. There can be no closing down of such schools, since the requirement for a recognition under the RTE Act, does not apply to minority institutions. W.A.No.2051 of 2018, hence, stands allowed.** **The Writ Appeals of the State are rejected. Those of the individual parties are disposed of with the above declarations and directions. The interlocutory applications filed in these appeals, which are pending, seeking acceptance of document(s) are allowed. All other pending interlocutory applications are closed. Parties are left to suffer their respective costs.** **Sd/K.VINOD CHANDRAN JUDGE** **Sd/V.G.ARUN JUDGE** **Vku/-** **W.A.No.173 of 2019 & - 679 - connected cases** ## **APPENDIX OF WA 173/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE-1 TRUE COPY OF THE G.O(MS) NO.22/2019/G.EDN. DATED 01.03.2019** **ANNEXURE-2 TRUE COPY OF G.O.(RT) NO.1543/2019/G.EDN DATED 30.04.2019** **W.A.No.173 of 2019 & - 680 - connected cases** ## **APPENDIX OF WA 363/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE-1** **TRUE COPY OF THE G.O(MS) NO.45/2019 G.EDN DATED 22.05.2019** **W.A.No.173 of 2019 & - 681 - connected cases** ## **APPENDIX OF WA 367/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I** **TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE VETTIKAVALA GRAMA PANCHAYATH DATED 23.3.2019.** **W.A.No.173 of 2019 & - 682 - connected cases** ## **APPENDIX OF WA 404/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE R1(A)** **COPY OF THE SAID PROFORMA SURVEY REPORT OF TEH ASSISTANT EDUCATIONAL OFFICER PARLI RECOMMENDING THE FIRST RESPONDENT SCHOOL FOR RECOGNITION UNDER THE KERALA EDUCATION ACT AND ITS RULES.** **ANNEXURE R1(B) PHOTOGRAPHS OF SCHOOLS, ANNEXURE R1(C)** **COPY OF G.O.(MS)22/2019/G.EDN DATED 1.3.2019.** **W.A.No.173 of 2019 & - 683 - connected cases** ## **APPENDIX OF WA 415/2019** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R3 (A) COPY OF THE NOTIFICATION F.NO.1-15/2010-EE 4 (PT) DATED 26.10.2012** **W.A.No.173 of 2019 & - 684 - connected cases** ## **APPENDIX OF WA 421/2019** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R1(A) COPY OF G.O.(MS)181/2013/G.EDN. DATED 03.06.2013. ANNEXURE R1(B) PHOTOGRAPHS OF SCHOOLS. ANNEXURE R1(C) COPY OF G.O.(MS)NO.22/2019/GEDN DATED 01.03.2019. ANNEXURE R7(A) PHOTOGRAPHS. ANNEXURE R7(B) COPY OF G.O.(MS)NO.22/2019. ANNEXURE R5 (A) COPY OF THE APPLICATION SUBMITTED IN FORM NO.3. ANNEXURE R5 (B) COPY OF G.O.(MS)NO.22/2019/GEDN. DATED 01.03.2019.** **W.A.No.173 of 2019 & - 685 - connected cases** ## **APPENDIX OF WA 505/2019** **RESPONDENT'S/S EXHIBITS: ANNEXURE R1(A) PHOTOGRAPHS OF THE SCHOOLS RUN AND SPONSORED BY THE APPELLANTS. ANNEXURE R1(B) PHOTOGRAPHS OF THE FIRST RESPONDENT SCHOOL.** **W.A.No.173 of 2019 & - 686 - connected cases** ## **APPENDIX OF WA 507/2019** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R1(A)** **TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.1/2018 WITH ALL EXHIBITS.** **W.A.No.173 of 2019 & - 687 - connected cases** ## **APPENDIX OF WA 546/2019** **RESPONDENT'S/S EXHIBITS:** **ANNEXURE -R1(A)** **THE TRUE COPY OF THE INTERIM ORDER DATED 31.1.2019 IN WAS NO.173/2019 PASSED BY THIS HON'BLE COURT** **ANNEXURE -R1(B)** **THE TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.22/2019 GEDN DATED 01.03.2019 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF STATE OF KERALA** **W.A.No.173 of 2019 & - 688 - connected cases** ## **APPENDIX OF WA 582/2019** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE -R1(A) COPY OF THE MINORITY CERTIFICATE ANNEXURE -R1(B) CERTIFICATE ISSUED BY NIOS ANNEXURE -R1(C) COPY OF THE RECOGNITION CERTIFICATE DATED 17.05.2016 ISSUED BY EDEXCEL** **ANNEXURE-R1(D) COPY OF THE NOTIFICATION DATED 27.03.2018 ALONG WITH THE COMMUNICATION DATED 14.03.2018 OF THE MINITRY OF HUMAN RESOURCES** **ANNEXURE-R1(E) COPY OF ORDER DATED 27.07.2011 OF THE KERALA UNIVERSITY ANNEXURE-R1(F) COPY OF COMMUNICATION DATED 18.01.2017 OF THE ASSOCIATION OF INDIAN UNIVERSITIES** **- 689 -** **W.A.No.173 of 2019 & connected cases** ## **APPENDIX OF WA 630/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE R8(A)** **COPY OF THE JUDGMENT DATED 31.07.2018 IN W.P.(C) 25656/2018** **ANNEXURE R8(A)** **COPY OF THE JUDGEMENT DATED 16.08.2018 IN W.P.(C) 27799/2018.** **ANNEXURE R8(C)** **COPY OF THE JUDGEMENT DATED 30.08.2018 IN W.P.(C) NO. 28567/2018.** **ANNEXURE R8(D) PHOTOGRAPHS. ANNEXURE R1(A) COPY OF THE DATA CAPTURE FORMAL FOR UDISE ANNEXURE R1(B) COPY OF THE APPLICATION SUBMITTED BY THE 4TH RESPONDENT IN FORM NO.3.** **ANNEXURE R1(C) COPY OF THE COMMUNICATION DATED 29.04.2019 GIVEN TO THE 4TH RESPONDENT. ANNEXURE R1(D) PHOTOGRAPHS.** **W.A.No.173 of 2019 & - 690 - connected cases** ## **APPENDIX OF WA 634/2019** **RESPONDENT'S/S EXHIBITS: ANNEXURE R1 (a) PHOTOGRAPH OF THE 4TH RESPONDENT SCHOOL. ANNEXURE R1 (b) PHOTOGRAPH OF G.M.L.P.SCHOOL, PUTHUCODE, PALAKKAD. ANNEXURE R1 (c) COPY OF G.O.(MS.)NO.22/2019/GEDN DATED 01.03.2019.** **W.A.No.173 of 2019 & - 691 - connected cases** ## **APPENDIX OF WA 684/2019** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R6 (a) COPY OF THE TRUST DEED. ANNEXURE R6 (b) COPY OF THE APPLICATION SUBMITTED IN FORM NO.3 ANNEXURE R6 (c) COPY OF THE NOTE RETURNING THE APPLICATION OF THIS RESPONDENT. ANNEXURE R6 (d) COPY OF G.O.(MS) NO.22/2019/GEDN DATED 01.03.2019.** **ANNEXURE R6 (e) PHOTOGRAPHS OF CERTAIN GOVERNMENT SCHOOLS IN THE LOCALITY.** **[ TRUE COPY ]**