2025:KER:25729 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. 45393 OF 2024 PETITIONER: C P MUSTAFA AGED 49 YEARS MANAGER, ALP SCHOOL, THRIKKALUR, AMBALAPARA PO, ALANELLUR, PALAKKAD DISTRICT S/O C P UMMERHAJI, RESIDING AT CHETTIYAMPARAMBIL HOUSE THIRUVIZHAMKUNNU PO, ALANELLUR (VIA) PALAKKAD, PIN - 678601 BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE JOINT DIRECTOR OF GENERAL EDUCATION(ACADEMIC) VAZHUTHACAUD POOJAPPURA ROAD THIRUVANANTHAPURAM, PIN - 695006 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 2 4 DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU PALAKKAD, KERALA, PIN - 678001 5 ASSISTANT EDUCATION OFFICER OFFICE OF THE DISTRICT EDUCATION OFFICER MANNARKKAD, MANNARKAD-I, PALAKKAD, PIN - 678582 BY ADV. SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).4517/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 3 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. 4517 OF 2025 PETITIONER: A YOUSAF AGED 77 YEARS S/O KUNHALAVI MANAGER, ALP SCHOOL, KATTUKULAM, ALANALLUR PO PALAKKAD DISTRICT, RESIDING AT ALAYAL HOUSE ALANALLUR PO, PALAKKAD DISTRICT, PIN - 678601 BY ADVS. K.MOHANAKANNAN A.R.PRAVITHA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION JAGATHI THIRUVANANTHAPURAM, PIN - 695001 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 4 4 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001 5 ASSISTANT EDUCATION OFFICER NADAMALIGA ROAD, MANNARKAD-I, PALAKKAD, PIN - 678582 BY ADV. SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).45393/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 5 JUDGMENT Dated this the 25th day of March, 2025 [W.P.(C) Nos.45393/2024 & 4517/2025] The petitioners in both the writ petitions are Managers of Aided Schools. On an allegation that UID of students were not been uploaded as on the stipulated date, one post of Teacher each has been reduced / abolished by the Educational Authorities. 2. The petitioners would submit that by Circular dated 04.12.2023, the time for uploading UID was enlarged by the Government. This crucial aspect was not considered by the respondents while passing impugned Ext.P8 orders. 3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 6 the respondents. 4. Going through Ext.P8 orders of the Government, I find that it does not contain a reference to the Circular dated 04.12.2023. In the circumstances, I am of the view that the 1st respondent shall reconsider the matter in the light of Circular dated 04.12.2013. The writ petitions are accordingly disposed of setting aside Ext.P8 in both the writ petitions and directing the 1st respondent to reconsider the matter in the light of Circular dated 04.12.2013 and pass appropriate orders afresh within a period of three months, after hearing the parties. Sd/- N.NAGARESH JUDGE spk 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 7 APPENDIX OF WP(C) 45393/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE 5 TH RESPONDENT DATED 16-8-2023 Exhibit P2 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT AGAINST EXHIBIT P1 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 4 TH RESPONDENT DATED 25-1-2024 Exhibit P4 TRUE COPY OF THE REVISION BEFORE THE 2 ND RESPONDENT ON 5-2-2024 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 3 RD RESPONDENT DATED 8-4-2024 Exhibit P6 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE GOVERNMENT, AGAINST EXHIBIT P5 ON 12-4-2024 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 11-6- 2024 IN WRIT PETITION(C)20891/2020 Exhibit P8 TRUE COPY OF THE GO(RT)NO.8287/ 2024/GEDN DATED 23-11-2024 Exhibit P9 TRUE COPY OF THE DETAILS OF THE STUDENTS OBTAINED UID AFTER THE CUT OFF DATE Exhibit P10 TRUE COPY OF THE CIRCULAR DATED 4-12- 2023 2025:KER:25729 WP(C) Nos.45393/2024 & 4517/2025 8 APPENDIX OF WP(C) 4517/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LIST OF 33 STUDENTS UPLOADED IN THE SAMPOORNA PORTAL BY THE MANAGER. Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER ISSUED BY THE 5 TH RESPONDENT DATED 16.08.2023 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 25.01.2024 Exhibit P4 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT DATED NIL Exhibit P5 TRUE COPY OF ORDER DATED 08.04.2024 OF THE 3 RD RESPONDENT Exhibit P6 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATE 12.4.2024 Exhibit P7 TRUE COPY OF JUDGMENT IN WP(C) NO. 20791/2024 DATED 11.06.2024 Exhibit P8 TRUE COPY OF THE GO(RT)7125/24/ GEDN DATED 9-10-2024 Exhibit P9 TRUE COPY OF THE CIRCULAR NO.DDE/21163/2023/S3(B) DATED 4-12- 2023