2019 Supreme(Online)(KER) 9740

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE 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 &

- 2 -

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.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 &

- 4 -

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.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 &

- 6 -

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.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 &

- 8 -

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.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.

W.A.No.173 of 2019 &

- 12 -

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:

W.A.No.173 of 2019 &

- 16 -

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 &

- 18 -

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.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.

W.A.No.173 of 2019 &

- 19 -

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 &

- 21 -

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.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 &

- 22 -

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.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:

W.A.No.173 of 2019 &

- 25 -

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 &

- 28 -

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.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 &

- 30 -

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.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 &

- 33 -

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.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 &

- 34 -

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.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 &

- 38 -

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.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 &

- 44 -

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.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 &

- 46 -

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.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 &

- 48 -

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.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 &

- 50 -

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.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 &

- 52 -

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.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 &

- 54 -

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.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 &

- 56 -

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.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 &

- 58 -

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.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 &

- 60 -

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.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 &

- 62 -

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.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 &

- 68 -

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.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 &

- 70 -

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

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 &

- 73 -

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.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 &

- 77 -

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.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 &

- 79 -

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.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 12-07-

2019 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 &

- 83 -

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.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 &

- 89 -

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.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 &

- 91 -

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.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 &

- 93 -

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.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 &

- 99 -

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.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 &

- 101 -

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.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 &

- 103 -

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.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, THIRUVANANTHAPURAM-

695001.

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:

W.A.No.173 of 2019 &

- 111 -

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 DISTRICT-

680683.

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 &

- 115 -

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:

W.A.No.173 of 2019 &

- 117 -

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:

W.A.No.173 of 2019 &

- 119 -

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:

W.A.No.173 of 2019 &

- 121 -

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:

W.A.No.173 of 2019 &

- 122 -

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, THIRUVANANTHAPURAM-

695014.

3

DEPUTY DIRECTOR OF EDUCATION,

KOZHIKODE, KOZHIKODE DISTRICT- 673001.

4

THE ASSISTANT EDUCATIONAL OFFICER,

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,

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:

W.A.No.173 of 2019 &

- 124 -

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 &

- 128 -

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.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 &

- 130 -

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.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 &

- 132 -

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.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 &

- 134 -

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.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:

W.A.No.173 of 2019 &

- 135 -

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 &

- 139 -

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.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 &

- 147 -

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.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:

W.A.No.173 of 2019 &

- 156 -

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 &

- 164 -

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.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 &

- 166 -

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.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 &

- 168 -

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.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 &

- 170 -

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.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:

W.A.No.173 of 2019 &

- 171 -

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

W.A.No.173 of 2019 &

- 174 -

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 &

- 177 -

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.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 &

- 180 -

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.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 &

- 182 -

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.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 &

- 184 -

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.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 &

- 188 -

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.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 &

- 191 -

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.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 &

- 193 -

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.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 &

- 194 -

connected cases

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 &

- 196 -

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.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 &

- 198 -

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.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 &

- 209 -

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.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:

W.A.No.173 of 2019 &

- 212 -

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 &

- 217 -

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.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 &

- 220 -

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.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 &

- 228 -

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.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 &

- 230 -

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.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

W.A.No.173 of 2019 &

- 231 -

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 &

- 236 -

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.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 &

- 240 -

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.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 &

- 242 -

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.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 &

- 246 -

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.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 &

- 248 -

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.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 &

- 250 -

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.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 &

- 252 -

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.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 &

- 254 -

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.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 &

- 258 -

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.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, KERALA-

673011.

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 &

- 269 -

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.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 &

- 270 -

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.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:

W.A.No.173 of 2019 &

- 272 -

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 &

- 278 -

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.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 &

- 284 -

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.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 &

- 287 -

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.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 &

- 289 -

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.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 &

- 299 -

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.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 &

- 301 -

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.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 &

- 303 -

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.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.

W.A.No.173 of 2019 &

- 304 -

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 &

- 308 -

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.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 &

- 310 -

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.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 &

- 312 -

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.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 &

- 317 -

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.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 &

- 321 -

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.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 &

- 323 -

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.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 &

- 325 -

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.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 &

- 327 -

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.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 &

- 331 -

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.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 &

- 333 -

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.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 &

- 336 -

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.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 &

- 340 -

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.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 &

- 344 -

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.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 &

- 347 -

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.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 &

- 349 -

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.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 &

- 350 -

connected cases

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:

W.A.No.173 of 2019 &

- 351 -

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 &

- 359 -

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.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 &

- 361 -

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.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 &

- 363 -

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.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 &

- 365 -

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.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 &

- 368 -

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.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 12-07-

2019 DELIVERED THE FOLLOWING:

W.A.No.173 of 2019 &

- 369 -

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.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 &

- 371 -

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.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:

W.A.No.173 of 2019 &

- 375 -

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 &

- 379 -

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.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 &

- 381 -

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.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 &

- 385 -

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.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 &

- 387 -

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.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 &

- 389 -

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.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 &

- 392 -

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.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 &

- 397 -

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.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.

W.A.No.173 of 2019 &

- 401 -

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 &

- 403 -

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.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 &

- 405 -

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.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 &

- 407 -

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.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 &

- 408 -

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.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:

W.A.No.173 of 2019 &

- 413 -

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:

W.A.No.173 of 2019 &

- 415 -

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:

W.A.No.173 of 2019 &

- 417 -

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:

W.A.No.173 of 2019 &

- 421 -

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:

W.A.No.173 of 2019 &

- 424 -

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.

W.A.No.173 of 2019 &

- 427 -

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.

W.A.No.173 of 2019 &

- 428 -

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:

W.A.No.173 of 2019 &

- 430 -

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 &

- 434 -

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.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 &

- 437 -

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.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:

W.A.No.173 of 2019 &

- 439 -

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:

W.A.No.173 of 2019 &

- 441 -

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:

W.A.No.173 of 2019 &

- 451 -

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:

W.A.No.173 of 2019 &

- 453 -

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:

W.A.No.173 of 2019 &

- 456 -

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 &

- 461 -

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.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 &

- 463 -

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.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:

W.A.No.173 of 2019 &

- 464 -

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 &

- 466 -

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.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 &

- 468 -

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.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:

W.A.No.173 of 2019 &

- 470 -

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:

W.A.No.173 of 2019 &

- 472 -

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:

W.A.No.173 of 2019 &

- 481 -

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:

W.A.No.173 of 2019 &

- 483 -

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.

W.A.No.173 of 2019 &

- 486 -

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.

W.A.No.173 of 2019 &

- 487 -

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.

W.A.No.173 of 2019 &

- 488 -

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 &

- 489 -

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.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 &

- 495 -

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.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 &

- 497 -

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.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:

W.A.No.173 of 2019 &

- 499 -

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 &

- 501 -

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.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.

W.A.No.173 of 2019 &

- 502 -

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 &

- 504 -

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.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 &

- 508 -

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.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:

W.A.No.173 of 2019 &

- 510 -

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:

W.A.No.173 of 2019 &

- 514 -

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:

W.A.No.173 of 2019 &

- 516 -

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 &

- 518 -

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.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:

W.A.No.173 of 2019 &

- 519 -

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 &

- 522 -

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.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:

W.A.No.173 of 2019 &

- 524 -

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 &

- 525 -

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.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 &

- 528 -

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.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 &

- 531 -

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.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:

W.A.No.173 of 2019 &

- 533 -

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:

W.A.No.173 of 2019 &

- 535 -

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 &

- 537 -

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.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 &

- 539 -

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.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:

W.A.No.173 of 2019 &

- 547 -

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 &

- 549 -

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.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.

W.A.No.173 of 2019 &

- 552 -

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:

W.A.No.173 of 2019 &

- 554 -

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:

W.A.No.173 of 2019 &

- 556 -

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 &

- 558 -

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.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 &

- 562 -

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.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 &

- 564 -

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.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 &

- 569 -

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.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 &

- 581 -

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.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:

W.A.No.173 of 2019 &

- 583 -

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 &

- 587 -

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.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 &

- 588 -

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.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 &

- 590 -

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.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

W.A.No.173 of 2019 &

- 593 -

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 &

- 594 -

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.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 &

- 596 -

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.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 &

- 598 -

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.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-CHARGE-

SMT. 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 &

- 604 -

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.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 &

- 609 -

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.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 &

- 611 -

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.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:

W.A.No.173 of 2019 &

- 613 -

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 &

- 615 -

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.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 &

- 623 -

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.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:

W.A.No.173 of 2019 &

- 625 -

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 &

- 630 -

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.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.

W.A.No.173 of 2019 &

- 634 -

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

“C.R.”