Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 PETITIONERS: 1 MANAGER REPRESENTED BY A.DINESAN, K.S.M. L.P. SCHOOL, KUNNUMMAL, KAKATTIL PO., KOZHIKODE-673507. 2 MANAGER REP BY KUNJIKRISHNAN NAIR, KARAYAT GOVINDHAN MASTER SMARAKA U.P. SCHOOL, KOZHIKALLUR, P.O., KOZHIKODE-673524. BY ADVS. SRI.JIJI THOMAS SMT.SMITHA MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001. BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL SRI. BIJOY CHANDRAN, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. KUNHIKRISHNAN, J.
--------------------------------------------- W.P.(C) No. 13618 of 2014 ---------------------------------------------- Dated this the 31st day of January, 2024
JUDGMENT
The above Writ petition is filed with the following prayers: “(i) issue a writ of certiorari or any other appropriate writ or order to quash Exts.P1 and P2.
(ii) issue a writ of mandamus or any other
appropriate writ, order or direction to the respondents that the fixation of student strength and corresponding staff strength has to be strictly in accordance with the provisions of the R.T.E. Act (and not notionally).
(iii) To declare that petitioners are entitled to fill up the entire posts and vacancies which are permissible under the R.T.E. Act and the K.E.R, without any of the restrictions imposed by Exts.P1 and P2.
(iv) grant such other reliefs as are just and proper in the nature of this case”[SIC]
2. When this Writ petition came up for
consideration, the learned Government Pleader takes me through the judgment dated 15.01.2015 in W.P.(C) No.30107/2013 in which this Court passed certain directions. It will be better to extract the same:
“In the result, the writ petitions are disposed of as under: a) It is hereby declared that G.O.(P) No.199/2011 dated 1.10.2011, G.O. (P) No.313/2013 dated 29.11.2013 and G.O.(P) No.3905/2013 G.Edn.dated 24.9.2013 are non est in the eye of law and the consequential executive orders issued in continuation of the said G.O.s are quashed. b) The respondents are directed not to implement the aforesaid Government orders in derogation of the Kerala Education Act and Rules
made thereunder as well as under the Central Act.”
3. In the light of the above order, no further
order is necessary in this case and the same is
applicable to the petitioners also. With the above observation, this Writ petition is disposed of. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 13618/2014 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE
ORDER DATED 1.10.2011 OF THE
GENERAL EDUCATION (J) DEPARTMENT. EXHIBIT P2: TRUE COPY OF THE
ORDER DATED 29.11.2013 OF THE
GENERAL EDUATION (J) DEPARTMENT. EXHIBIT P3: TRUE COPY OF THE INTERIM ORDER IN WPC NO.30963/2013. EXHIBIT P4: TRUE COPY OF THE CIRCULAR DATED 12.12.2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF THE LETTER DATED 26.2.2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6: TRUE COPY OF THE CIRCULAR DATED 5.3.2014 ISSUED BY THE RESPONDENT.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE