Zareena Banu K.Z. v. State of Kerala (WP(C) No. 29044 of 2021) and connected matters

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945** **WP(C) NO. 29044 OF 2021** ## **PETITIONER:** ZAREENA BANU K.Z. AGED 32 YEARS W/O.SHAFEER P.S., HSA MALAYALAM, SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHICODE, THRISSUR DISTRICT - 680 666 RESIDING AT PUTHUVEETTIL HOUSE, AZHICODE, THRISSUR DISTRICT - 680 666. BY ADV V.RAJASEKHARAN NAIR ## **RESPONDENTS:** |1|THE STATE OF KERALA| |---|---| ||REPRESENTED BY ITS SECRETARY TO GOVERNMENT,| ||GENERAL EDUCATION DEPARTMENT,| ||SECRETARIAT ANNEXE-II,| ||THIRUVANANTHAPURAM - 695 014.| |2|THE DIRECTOR OF GENERAL EDUCATION| ||JAGATHY, THIRUVANANTHAPURAM - 695 014.| |3|THE DISTRICT EDUCATIONAL OFFICER| ||IRINJALAKUDA, THRISSUR DISTRICT - 680 121.| |4|MANAGER| ||SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,| ||AZHICODE, THRISSUR DISTRICT - 680 666.| |5|THE PRINCIPAL| ||SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,| ||AZHICODE, THRISSUR DITRICT - 680 666.| |6|THE HEAD MASTER| ||SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL,| ||AZHICODE, THRISSUR DISTRICT - 680 666.| |7|RAMLATH V.A.| ||HSST MALAYALAM, SEETHI SAHIB MEMORIAL HIGHER| ||SECONDARY SCHOOL, AZHICODE,| ||THRISSUR DISTRICT - 680 666.| -2- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 8 MUHAMMED HANEEFA M.M. JOINT SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM - 695 001. ADDL.R9. K.I.SHANIDHA HIGH SCHOOL TAECHER (PHYSICAL SCIENCE), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLOR, THRISSUR DISTRICT - 680666 (ADDL. R9 IS IMPLEADED AS PER ORDER DATED 09.02.2022 IN IA NO. 1/2022 IN WPC NO. 29044/2021.) BY ADVS. K.A.MANZOOR ALI P.M.PAREETH AISWARYA VENUGOPAL BY SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 30.01.2024, ALONG WITH WP(C).220/2022, 6022/2023 AND CONNECTED CASES, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING: -3- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 220 OF 2022** ## **PETITIONER:** K.I. SHANIDHA , HIGH SCHOOL TEACHER (PHYSICAL SCIENCE) SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE. KODUNGALLOOR, PIN - 680666 BY ADVS. P.M.PAREETH AISWARYA VENUGOPAL NAJEEB P.S ## **RESPONDENTS:** 1 STATE OF KERALA STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695 014 3 DEPUTY DIRECTOR OF EDUCATION THRISSUR, TH RISSUR DISTRICT - 680 001, PIN - 680001 4 DISTRICT EDUCATIONAL OFFICER IRINJALAKUDA, THRISSUR DISTRICT - 680 121, PIN - 680121 5 MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT - 680 666, PIN - 680666 -4- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 6 REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION EDAPPALLY RAGHAVAN PILLAI ROAD, DEVANKULANGARA, ERNAKULAM-682024 7 V.A.RAMLATH HSST(MALAYALAM), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT - 680 666, PIN - 680666 8 NASEEHA, HSST (COMPUTER APPLICATION ), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLOOR, THRISSUR DISTRICT - 680 666 BY ADVS. V.A.MUHAMMED P.A.JENZIA BY SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINA HEARING ON 31.01.2024, ALONG WITH WP(C).29044/2021 AND CONNECTED CASES, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING: -5- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 6022 OF 2023** ## **PETITIONER:** SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL REPRESENTED BY MANAGER FAZLUL HAQ, AZHIKODE-PO., THRISSUR, PIN - 680666 BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S. ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION THRISSUR DISTRICT, PIN - 680003 4 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, IRINGALAKKUDA, THRISSUR DISTRICT, PIN - 680121 5 K.I. SHANIDHA H.S.A (PHYSICAL SCIENCE) SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE-PO., THRISSUR, PIN - 680666 -6- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 6 V.A. RAMLATH, H.S.S.T (MALAYALAM), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE-PO., THRISSUR, PIN - 680666 7 NASEEHA P.A, H.S.S.T (COMPUTER APPLICATION) SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE-PO., THRISSUR, PIN - 680666 BY ADVS. P.M.PAREETH AISWARYA VENUGOPAL(K/755/2020) NAJEEB P.S(K/328/2020) BY SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 30.01.2024, ALONG WITH WP(C).29044/2021 AND CONNECTED CASES, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING: -7- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945** **WP(C) NO. 30706 OF 2022** ## **PETITIONERS:** 1 V.A.RAMLATH, AGED 53 YEARS S/O OF P.M. ALI, HSST (MALAYALAM), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT- 680 666. (RESIDING AT PALLIPURATH HOUSE, KARA P.O., KADIYALAM, EDAVILANGU, THRISSUR DISTRICT- 680 671). 2 NASECHA.P.A., HSST (COMPUTER APPLICATION), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT- 680 666. BY ADVS. V.A.MUHAMMED P.A.JENZIA ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING ), HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION, AYANTHOL, THRISSUR DISTRICT - 680 003. 4 THE DISTRICT EDUCATIONAL OFFICER -8- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 IRINJALAKUDA, THRISSUR DISTRICT - 680 121. 5 THE MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT- 680 666. 6 THE PRINCIPAL, SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT- 680 666. 7 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, SRV SCHOOL COMPOUND, ERNAKULAM DISTRICT - 682 016. 8 K I SHANIDHA HIGH SCHOOL TEACHER (PHYSICAL SCIENCE), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT- 680 666. 9 MOHAMAD HANEEFA M.M, JOINT SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM DISTICT - 695 001. BY ADVS. ADVOCATE GENERAL OFFICE KERALA P.M.PAREETH AISWARYA VENUGOPAL(K/755/2020) NAJEEB P.S(K/328/2020) BY SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 30.01.2024, ALONG WITH WP(C).29044/2021 AND CONNECTED CASES, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING: -9- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **MOHAMMED NIAS C.P., J.** **- - - - - - - - - - - - - - - - - - - - -** WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2[nd] day of February, 2024 ## **JUDGMENT** The Manager, the petitioner in WP(C)No.6022/2023, had initiated disciplinary proceedings against the fifth respondent based on complaints made by the Principal of the institute on 10.7.2017, 19.08.2017 and 29.08.2017, respectively. The manager had issued Ext.P1 memo of charges along with the statement of allegations dated 4.10.2017, to which the fifth respondent teacher sent her explanation by Ext.P2 dated 3.11.2017. The Manager forwarded the documents to the District Educational Officer to conduct an enquiry under Rule 75 of Chapter XIV A KER. The DEO, Irinjalakkuda issued notice, commenced proceedings and an enquiry report drawn dated 23.11.2018 under Rule 75 of Chapter XIV A KER marked as Ext.P5. The report mentioned the absence of the petitioner despite giving -10- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 several chances, and the enquiry officer found the fifth respondent guilty of charges and directed the manager to initiate appropriate action, pursuant to which the manager, as per Ext.P6 proceedings dated 3.5.2019 imposed a punishment of barring two increments. The fifth respondent challenged the same before the Deputy Director of Education by Ext.P8 order dated 25.7.2019, held that the manager ought to have obtained prior permission for imposing the penalty and thereafter, the matter was considered by the DEO who approved the proposal of punishment of barring two increments proposed by the manager as per Ext.P9 order dated 3.8.2019. The Deputy Director of Education dismissed the appeal the delinquent preferred, confirming the DEO order dated 5.8.2019. 2. In the meantime, the sixth respondent, who was an approved HSA (Malayalam), was qualified for promotion as HSST (Malayalam). Though the fifth respondent teacher was also qualified to be appointed as HSST (Computer Application), due to the pendency of the disciplinary proceedings, the management decided to promote the sixth respondent as HSST(Malayalam) and also the seventh respondent in the post of HSST (Computer Application) and did not consider the fifth respondent to granting promotion. The fifth respondent filed a revision before the Government and, as per order of the Government in revision dated 14.2.2020, Ext.P1, remitted the matter for reconsideration on the question of punishment. The Manager considered the matter again and reduced the -11- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 barring of increments to one instead of the two initially proposed. This was done as per Ext.P12 order. By this time, the manager had promoted the sixth respondent and the resultant vacancy was filled up by appointing one Zareena Banu K.Z. 3. The fifth respondent challenged Ext.P12 order by filing WP(C)No.6352/2020. She also filed WP(C)No.10395/2020 and WP(C)No.35870/2019, challenging the promotions given to the sixth and seventh respondents. All the writ petitions were heard together, and by Ext P13 common judgment dated 1.7.2021, Ext.P13, held that the entire matter relating to the disciplinary action against the fifth respondent has to be reconsidered by the Government. It was also found that the Government is to decide on the punishment imposed against the fifth respondent. Accordingly, this Court quashed the Government Order that accepted the Deputy Director's report in the enquiry proceedings and the manager's order which imposed the punishment and directed to reconsider the revision preferred by the fifth respondent. As regards the promotion given, the Regional Director of Education, Ernakulam, was directed to reconsider the approvals granted to the teachers, V.A.Ramlath and Naseeha P.A., the sixth and seventh respondent in WP(C)No.6022/2023. This Court also held that in case the Government finds that the punishment imposed against the petitioner is improper, she was found entitled to be appointed 'by transfer' to one of the vacancies in the year 2019 and also directed the educational -12- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 authorities to decide as to how respondents 6 and 7 be appointed subject to the availability of vacancy. 4. Consequent to the direction of this Court as aforesaid, the Government considered the revision and by Ext.P14 order held that the disciplinary action initiated against the fifth respondent was without the backing of procedures contemplated in the KER and declared the same to be void and illegal. It was also found that the appointment of the sixth and seventh respondents was provisional and that the fifth respondent was entitled to be promoted as HSST (Computer Application) if she was otherwise eligible. The approvals granted to the sixth and seventh respondent were set aside and there was a direction to the educational authorities to appoint the fifth respondent as HSST (Computer Application) under the 'by transfer' method by reverting respondents 6 and 7. This order is challenged by the manager in WP(C)No.6022/2023. 5. WP(C)No.220/2022 is filed by the teacher, the fifth respondent in the earlier writ petition for implementation of Ext.P14 order. 6. WP(C)No.29044/2021 is filed by one Zareena Banu. K.Z., a teacher appointed pursuant to the promotion of the seventh respondent and WP(C)No.30706/2022, is filed by the teachers, respondents 6 and 7 in WP(C)No.6022/2023. -13- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 7. Heard Sri.Geroge Abraham, the learned counsel for the petitioner in WP(C)No.6022/2023, Sri.V.Rajasekharan Nair, the learned counsel for the petitioner in WP(C)No.29044/2021, Sri.V.A.Muhammed, the learned counsel for the petitioner in WP(C)No.30706/2022 and Sri.P.M.Pareeth, the learned counsel for the fifth respondent teacher who is also the petitioner in WP(C)No.220/2022. 8. Learned counsel for the manager, Sri. George Abraham submits that the order Ext.P14 in WP(C)No.6022/2023 is _ex facie_ illegal. Assuming that the enquiry proceedings were bad, the Government should have directed the enquiry to start afresh or from the stage when it thought it was vitiated. Instead, a declaration was given that the enquiry proceedings were void and illegal. This is against the settled principles of law laid down by the Supreme Court. He also relies on the counter affidavit filed by the Government, which states that the fifth respondent teacher was not cooperating with the enquiry proceedings at all and in such circumstances, there was no other decision possible. Learned counsel also relies on the judgment of the Supreme Court in **State of Uttar Pradesh and others v. Rajit Singh** (2022 KHC 6321) and **Chairman, LIC of India and others v. A.Masilamani** (2012 KHC 4691) for the proposition that even if the enquiry proceedings were found to be vitiated, or was not conducted properly, the matter is to be remanded to the enquiry officer/disciplinary -14- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 authority to proceed further with enquiry from the stage of the violation of principles of natural justice. The disciplinary authorities must conduct the enquiry from the point it was vitiated and should conclude the same. 9. Learned counsel for the teachers, Sri. V.A. Muhammad argued that they were appointed based on their qualifications and after the manager decided not to promote the delinquent teacher on account of the pendency of the disciplinary proceedings. The said action cannot be held to be bad as not granting promotion to a teacher facing disciplinary proceedings is not an action which can be found fault with. He also relied on the judgment of this Court in **Appukkuttan Pillai v. State of Kerala** [2009 (4) KLT 674]. 10. Learned counsel for the teacher Sri.P.M.Pareeth who is also the petitioner in WP(C)No.220 of 2022, would argue that the entire issue is covered by Ext.P13, judgment of this Court in WP(C)No.6022/2023. He argued that this Court found that the disciplinary proceedings were carried out against the statutory provisions, and accordingly, the Government and all the parties are bound by the said findings. He also argues that all that the Government could have decided was whether the punishment imposed was proportionate or not. He argues that the fifth respondent teacher was qualified to be appointed as HSST but was wrongly denied promotion on the basis of a disciplinary action, which, according to him, is unjustified. -15- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 Having heard the rival submissions and perusing the record, it is pertinent to note that even assuming that the finding of the Government in Ext.P14 order is correct, no declaration could have been given that the enquiry proceedings are void and illegal. All it could have done was direct the continuance of the enquiry proceedings from the stage from which it thought the enquiry was vitiated. 11. Accordingly, Ext P14 is quashed. Going by the findings of this Court in Ext.P13 and also the findings in Ext.P14, I hold that the enquiry has to proceed from the stage when the delinquent offered his explanation. The educational authorities will conduct the enquiry in terms of Rule 75 of Chapter XIV A KER and complete the same within four months from receipt of a copy of this judgment. Subject to the decision in the enquiry proceedings, the fifth respondent can be considered for promotion as HSST. As regards the promotion of respondents 6 and 7 in WP(C)No.6022/2023, who are also the petitioners in WP(C)No.30706/2021 and the teacher in WP(C)No.29044/2021, the same will depend on the fate of the enquiry proceedings. 12. The learned counsel for the teacher brings to my notice the judgment of this Court in WP(C)No.13768/2013, which held that even if appointments are made in excess of the quota 'by transfer' appointment, -16- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 they can be approved after taking, undertaking from the manager to that effect that they shall regularise the ratio between the 'direct recruitment' and the 'by transfer' appointment in the next arising vacancy. It will be open to the teachers to take advantage of the judgment in WP(C)No.13760/2013 when the decision of promotion and approval of the appointment of the teachers are considered. 13. The educational authorities will consider the question of approval and promotion of the teachers within six weeks from the date of the culmination of the enquiry proceedings. Till a decision is taken as directed above, the status quo as of today shall continue. The writ petition is disposed of as above. **Sd/-** **MOHAMMED NIAS C.P.** **JUDGE** dlk/31.1.2024 -17- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **APPENDIX OF WP(C) 220/2022** PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 0107-2021 IN W.P.(C) NO. 6352/2020, 10395/2020 AND 35870/2019 EXHIBIT P2 A TRUE PHOTOCOPY OF THE GO(RT) NO. 5449/2021 DATED 26-11-2021 -18- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **APPENDIX OF WP(C) 6022/2023** PETITIONERS EXHIBITS |EXHIBIT P1|A COPY OF THE MEMO OF CHARGES ALONG WITH| |---|---| ||STATEMENT OF ALLEGATIONS DATED 4/10/2017| |EXHIBIT P2|A COPY OF THE EXPLANATION SUBMITTED BY THE 5TH| ||RESPONDENT DATED 3/11/2017| |EXHIBIT P3|A COPY OF THE NOTICE ISSUED BY THE DISTRICT| ||EDUCATIONAL OFFICER, IRINJALAKUDA DATED| ||22/10/2018| |EXHIBIT P4|A COPY OF THE COMMUNICATION ISSUED BY THE| ||DISTRICT EDUCATIONAL OFFICER DATED 5/11/2018| |EXHIBIT P5|A COPY OF THE ENQUIRY REPORT DRAWN BY THE| ||ENQUIRY OFFICER ON 23/11/2018 UNDER RULE 75 OF| ||CHAPTER XIV KER| |EXHIBIT P6|. A COPY OF THE PROCEEDINGS OF THE MANAGER| ||DATED 3/5/2019| |EXHIBIT P7|A COPY OF THE JUDGMENT DATED 27-5-2019 W.P.(C)| ||NO. 14469/2019| |EXHIBIT P8|A COPY OF THE PROCEEDINGS OF THE DEPUTY| ||DIRECTOR OF EDUCATION DATED 25/7/2019| |EXHIBIT P9|A COPY OF THE ORDER NO.B5/1381/19 DATED| ||03/08/2019 ISSUED BY THE DISTRICT EDUCATIONAL| ||OFFICER| |EXHIBIT P10|A COPY OF THE ORDER NO. B6/5528/2019 DATED| ||05/08/2019 PASSED BY THE DEPUTY DIRECTOR OF| ||EDUCATION| |EXHIBIT P11|A COPY OF THE G.O.(RT.) NO. 755/2020/G.EDN| ||DATED 14/2/2020| |EXHIBIT P12|A COPY OF THE PROCEEDINGS OF THE MANAGER DATED| ||24/2/2020| -19- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 EXHIBIT P13 A COPY OF THE COMMON JUDGMENT IN W.P. (C) NO.10395/2020 DATED 1ST JULY 2021 AND CONNECTED MATTERS EXHIBIT P14 A COPY OF THE GOVERNMENT ORDER VIZ. G.O.(RT.) NO. 5449/2021/GEDN. DATED 26/11/2021 EXHIBIT P15 A COPY OF THE REVIEW PETITION FILED BY THE MANAGER DATED 6/12/2021 -20- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **APPENDIX OF WP(C) 30706/2022** PETITIONERS EXHIBITS |EXHIBIT P1|TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST| |---|---| ||PETITIONER DATED 28.06.2019 ERNAKULAM.| |EXHIBIT P1 A|TRUE COPY OF THE PROCEEDINGS OF THE RDD, VIDE| ||ORDER NO. B1/10539/RDD/HSE/EKM/2019 DATED| ||05.02.2020.| |EXHIBIT P2|TRUE COPY OF THE APPOINTMENT ORDER OF THE DATED| ||13.08.2019.| |EXHIBIT P2 A|TRUE COPY OF THE PROCEEDINGS OF THE RDD,| ||ERNAKULAM VIDE ORDER NO.| ||B1/10539(2)/RDD/HSE/EKM/2019 DATED 26.02.2020.| |EXHIBIT P3|TRUE COPY OF THE ENQUIRY REPORTED FURNISHED BY| ||THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA| ||DATED 23.11.2018.| |EXHIBIT P4|TRUE COPY OF THE PROCEEDINGS OF THE MANAGER| ||VIDE ORDER NO. 110/SSMTTI/2017 DATED| ||03.05.2019.| |EXHIBIT P5|TRUE COPY OF THE ORDER NO. B6/5528/2019 DATED| ||25.07.2019 OF THE DEO, THRISSUR.| |EXHIBIT P6|TRUE COPY OF THE ORDER NO. B5-1381/19 DATED| ||03.08.2019 OF THE DEO, IRINJALAKUDA.| |EXHIBIT P7|TRUE COPY OF THE ORDER NO. B6/5528/2019 DATED| ||05.08.2019 OF THE DDE, THRISSUR.| |EXHIBIT P8|TRUE COPY OF THE GO(RT) NO. 755/2020/G.EDN| ||DATED 14.02.2020.| |EXHIBIT P9|TRUE COPY OF THE ORDER NO.110/2017/SSMTTI DATED| ||24.02.2020 OF THE MANAGER .| |EXHIBIT P10|TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.| ||10395/2020 DATED 01.07.2021.| -21- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 EXHIBIT P11 TRUE COPY OF THE G.O(RT) NO. 5449/2021/G.EDN DATED 26.11.2021. EXHIBIT P12 TRUE COPY OF THE REVIEW PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 06.12.2021. -22- WP(C) No.29044 of 2021, 220 & 30706 of 2022 & 6022 of 2023 ## **APPENDIX OF WP(C) 29044/2021** PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.B5/111621/2021 DATED 23/05/2021 OF THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.5449/2021 G.EDN. DATED 26/11/2021. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.10395 OF 2020 DATED 01/07/2021. EXHIBIT P4 TRUE COPY OF THE DECISION REPORTED IN 2017(3) KLT 58. RESPONDENTS EXHIBITS EXHIBIT R5 TRUE COPY OF THE RELEVANT PAGES OF HE NOTE FILE OBTAINED AS PER RTI EXHIBIT R5(1) TRUE COPY OF THE HEARING NOTE DATED 20/9/2021 SUBMITTED BY NAJEEB ON BEHALF OF 9TH RESPONDENT EXHIBIT R5(2) TRUE COPY OF THE REVIEW PETITION DATED 06-122021 FILED BY THE MANAGER BEFORE THE GOVERNMENT.