BY AD vs V.A.MUHAMMED

BY ADV. SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).31906/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31906/2024 & con.cases : 5 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 31964 OF 2024 PETITIONER: SIJO VARGHESE, AGED 38 YEARS, S/O P.K.VARGHESE LPST, ST GEORGE’S HIGH SCHOOL, ARAKKUNNAM, ERNAKULAM – 682313 (RESIDING AT PANGODAN HOSE, KUMARAPURAM, PALLIKKARA, ERNAKULMA DISTICT ), PIN - 683565 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 2 3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM, PIN - 682030 W.P.(C) No.31906/2024 & con.cases : 6 : 4 5 THE ASSISTANT EDUCATIONAL OFFICER, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301 THE MANAGER, ST GEORGE’S L.P SCHOOL, ARAKKUNNAM, ERNAKULAM, PIN - 682313 BY ADV. ADVOCATE GENERAL OFFICE KERALA SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).31906/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31906/2024 & con.cases : 7 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 31997 OF 2024 PETITIONER: JINU GEORGE M., AGED 42 YEARS, S/O M C GEORGE UPST, ST GEORGE’S HIGH SCHOOL, ARAKKUNNAM, ERNAKULAM – 682313 (RESIDING AT MOOLETHADATHIL, PAINGARAPPILLY, MULANTHURUTHY, ERNAKULAM DISTRICT), PIN - 682314 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 2 3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 THE DEPUTY DIRECTOR OF EDUCATION KAKKANAD, ERNAKULAM, PIN - 682030 W.P.(C) No.31906/2024 & con.cases : 8 : 4 5 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT, PIN - 682011 THE MANAGER, ST GEORGE’S HIGH SCHOOL, ARAKKUNNAM, ERNAKULAM, PIN – 682313 BY ADV. SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).31906/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31906/2024 & con.cases : 9 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 32028 OF 2024 PETITIONER: DEEPA S., AGED 50 YEARS, W/O SOMAN K B HST (SS), ST GEORGE’S HIGH SCHOOL, ARAKKUNNAM, ERNAKULAM – 682313 (RESIDING AT SREEVALSAM, BYE LANE 3, POOVAMPILLY ROAD, PUNNACKAL, ELAMAKKARA, ERNAKULAM ), PIN - 682026 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 2 3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, THRIKKAKARA, KAKKANAD, ERNAKULAM, PIN - 682030 W.P.(C) No.31906/2024 & con.cases : 10 : 4 5 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, MARINE DRIVE, ERNAKULAM DISTRICT, PIN – 682011. THE MANAGER, ST GEORGE’S HIGH SCHOOL, ARAKKUNNAM, ERNAKULAM, PIN – 682313 BY ADV. SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).31906/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31906/2024 & con.cases : 11 : JUDGMENT Dated this the 25th day of March, 2025 [W.P.(C) Nos.31906, 31909, 31964, 31997 and 32028 of 2024] All these writ petitions have been filed by the Teachers appointed in the St.George's High School, Arakunnam, Ernakulam. The approval for their appointment against the additional vacancies during the ban period, has been declined on the ground that the Manager did not execute a bond as required by the Government in terms of G.O.(P) No.10/10/G.Edn dated 12.01.2010.

2. It is not disputed that subsequently, this Court held that in such circumstances, the applications for approval should be considered treating that the Managers have executed a bond and on the basis of such deemed bond, decision should be taken. W.P.(C) No.31906/2024 & con.cases : 12 :

3. In view of the directions given by this Court, these applications for approval of appointment of the petitioners also are liable to be considered on the basis of the deemed bond. The writ petitions are therefore disposed of directing the 1st respondent to reconsider the respective Revision Petitions and pass appropriate orders within a period of two months. The impugned orders Exts.P7, P8, P8, P8 and P7 respectively in the afore writ petitions will stand set aside to enable the 1st respondent to pass orders afresh. SR Sd/- N. NAGARESH JUDGE W.P.(C) No.31906/2024 & con.cases : 13 : APPENDIX OF WP(C) 31906/2024 PETITIONER'S EXHIBITS: Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2009 TRUE COPY OF THE JUDGMENT IN W.A. NO. 2290/2015 DATED 25.07.2017 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 TRUE COPY OF THE GOVERNMENT LETTER NO. 60930/J2/11/G.EDN. DATED 25.10.2011 TRUE COPY OF THE JUDGMENT IN WP(C).NO.3719/2020 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2020 TRUE G.O. (RT).NO.2851/2021/GEDN DATED 27.05.2021 COPY THE OF TRUE (RT).NO.4477/17/GEDN DATED 21.11.2017 COPY THE OF G.O. TRUE COPY OF THE JUDGMENT IN WP(C).NO.22260/2019 DATED 02.07.2020 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20948/2020 DATED 28.10.2020 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WP(C).NO.18858/2020 DATED 15.09.2020 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN WP(C).NO.23193/2021 DATED 11.11.2021 Exhibit P-13 TRUE COPY OF THE WP(C).NO5182/2024 W.P.(C) No.31906/2024 & con.cases : 14 : DATED 09.02.2024 Exhibit P-14 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2454/2021 DATED 06.01.2025. W.P.(C) No.31906/2024 & con.cases : 15 : APPENDIX OF WP(C) 31909/2024 PETITIONER'S EXHIBITS: Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010 TRUE COPY OF THE JUDGMENT IN W.A. NO. 2290/2015 DATED 25.07.2017 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 TRUE COPY OF THE GOVERNMENT LETTER NO. 60930/J2/11/G.EDN. DATED 25.10.2011 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25.11.2019 TRUE COPY OF THE JUDGMENT IN WP(C).NO.3719/2020 DATED 11.02.2020 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2020 TRUE G.O. (RT).NO.2851/2021/GEDN DATED 27.05.2021 COPY THE OF TRUE (RT).NO.4477/17/GEDN DATED 21.11.2017 COPY THE OF G.O. Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WP(C).NO.22260/2019 DATED 02.07.2020 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20948/2020 DATED 28.10.2020 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN WP(C).NO.18858/2020 DATED 15.09.2020 W.P.(C) No.31906/2024 & con.cases : 16 : Exhibit P-13 TRUE COPY OF THE JUDGMENT IN WP(C).NO.23193/2021 DATED 11.11.2021 Exhibit P-14 TRUE COPY OF THE JUDGMENT IN WP(C).NO.5182/2024 DATED 09.02.2024 Exhibit P-15 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2454/2021 DATED 06.01.2025. W.P.(C) No.31906/2024 & con.cases : 17 : APPENDIX OF WP(C) 31964/2024 PETITIONER'S EXHIBITS: Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.06.2008 Exhibit P-1(a) TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, TRIPUNITHURA VIDE NO.C/4334/08/K.DIS . DATED 03.04.2009 (ALONG WITH TYPED COPY) Exhibit P-1(b) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.A. NO. 2290/2015 DATED 25.07.2017 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 TRUE COPY OF THE GOVERNMENT LETTER NO. 60930/J2/11/G.EDN DATED 25.10.2011 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.11.2019 TRUE COPY OF THE JUDGMENT IN WP(C).NO.3719/2020 DATED 11.02.2020 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2020 G.O. TRUE (RT).NO.2851/2021/GEDN DATED 27.05.2021 COPY THE OF TRUE (RT).NO.4477/17/GEDN DATED 21.11.2017 COPY THE OF G.O. Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C) No.31906/2024 & con.cases : 18 : WP(C).NO.22260/2019 DATED 02.07.2020 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20948/2020 DATED 28.10.2020 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN WP(C).NO.18858/2020 DATED 15.09.2020 Exhibit P-13 TRUE COPY OF THE JUDGMENT IN WP(C).NO.23193/2021 DATED 11.11.2021 Exhibit P-14 TRUE COPY OF THE JUDGMENT IN WP(C).NO5182/2024 DATED 09.02.2024 RESPONDENTS' EXHIBITS: EXHIBIT R4(b) A TRUE COPY OF THE LETTER DATED 16-12- 2021 FROM MANAGER, ST GEORGE SHS AND LPS ARAKKUNNAM EXHIBIT R4(a) A TRUE COPY OF THE GO(Rt) 2851/2021/GEDN DATED 27-05-2021 EXHIBIT R4(c) A TRUE COPY OF THE LETTER C/864/2020 DATD 18-12-2021 PETITIONER'S EXHIBITS: Exhibit P-15 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2454/2021 DATED 06.01.2025. W.P.(C) No.31906/2024 & con.cases : 19 : APPENDIX OF WP(C) 31997/2024 PETITIONER'S EXHIBITS: Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2009 Exhibit P-1(a) TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM VIDE NO.4258/09/K.DIS DATED 20.10.2009 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.A. NO. 2290/2015 DATED 25.07.2017 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 TRUE COPY OF THE GOVERNMENT LETTER NO. 60930/J2/11/G.EDN. DATED 25.10.2011 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 16.11.2010 TRUE COPY OF THE JUDGMENT IN WP(C).NO.3719/2020 DATED 11.02.2020 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2020 G.O. TRUE (RT).NO.2851/2021/GEDN DATED 27.05.2021 COPY THE OF TRUE (RT).NO.4477/17/GEDN DATED 21.11.2017 COPY THE OF G.O. Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WP(C).NO.22260/2019 DATED 02.07.2020 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20948/2020 DATED 28.10.2020 W.P.(C) No.31906/2024 & con.cases : 20 : Exhibit P-12 TRUE COPY OF THE JUDGMENT IN WP(C).NO.18858/2020 DATED 15.09.2020 Exhibit P-13 TRUE COPY OF THE JUDGMENT IN WP(C).NO.23193/2021 DATED 11.11.2021 Exhibit P-14 TRUE COPY OF THE JUDGMENT IN WP(C).NO5182/2024 DATED 09.02.2024 Exhibit P-15 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2454/2021 DATED 06.01.2025 W.P.(C) No.31906/2024 & con.cases : 21 : APPENDIX OF WP(C) 32028/2024 PETITIONER'S EXHIBITS: Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2004 Exhibit P-1(a) TRUE COPY OF THE APPOINTMENT ORDER ON PROMOTION DATED 31.07.2007 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.A. NO. 2290/2015 DATED 25.07.2017 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 TRUE COPY OF THE GOVERNMENT LETTER NO. 60930/J2/11/G.EDN. DATED 25.10.2011 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 18.11.2019 TRUE COPY OF THE JUDGMENT IN WP(C).NO.3719/2020 DATED 11.02.2020 TRUE G.O. (RT).NO.2851/2021/GEDN DATED 27.05.2021 COPY THE OF TRUE (RT).NO.4477/17/GEDN DATED 21.11.2017 COPY THE OF G.O. TRUE COPY OF THE JUDGMENT IN WP(C).NO.22260/2019 DATED 02.07.2020 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20948/2020 DATED 28.10.2020 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WP(C).NO.18858/2020 DATED 15.09.2020 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.P.(C) No.31906/2024 & con.cases : 22 : WP(C).NO.23193/2021 DATED 11.11.2021 Exhibit P-13 TRUE COPY OF THE JUDGMENT IN WP(C).NO5182/2024 DATED 09.02.2024 Exhibit P-14 TRUE COPY OF THE JUDGMENT IN WP(C).NO.8635/2012 DATED 14.10.2019 Exhibit P-15 TRUE COPY OF THE JUDGMENT IN WP(C).NO.1552/2012 DATED 29.03.2017 Exhibit P-16 Exhibit P-17 Exhibit P-18 TRUE (RT).NO.45/2020/GEDN DATED 03.01.2020 COPY THE OF G.O. TRUE (RT).NO.502/2020/GEDN DATED 25.01.2020 COPY THE OF G.O. G.O. TRUE (RT).NO.1653/2023/GEDN DATED 01.03.2023 COPY THE OF Exhibit P-19 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.2454/2021 DATED 06.01.2025.