2025:KER:27676 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 14309 OF 2023 PETITIONER: ABDUSSALEEM M T AGED 49 YEARS S/O. MUHAMMAD, HEADMASTER (UNAPPROVED), AUP SCHOOL, PAZHUR PAZHUR P.O, KOZHIKODE DISTRICT -, PIN - 673661 BY ADVS. R.K.MURALEEDHARAN ATHIRA A.MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KUNNAMANGALAM P.O KOZHIKODE DISTRICT -, PIN - 673570 4 THE MANAGER AUP SCHOOL, PAZHUR PAZHUR P.O, KOZHIKODE DISTRICT -, PIN - 673661 5 JASMIN M .K LPST, AUP SCHOOL, PAZHUR PAZHUR P.O, KOZHIKODE DISTRICT, PIN - 673661 WP(C) No. 14309 of 20 23 - 2 - 2025:KER:27676 BY ADVS. K.V.PAVITHRAN JAYANANDAN MADAYI PUTHIYAVEETTIL(K/572/2004) JITHIN S SUNDARAN(K/000967/2016) ADARSH KURIAN(K/154/2020) BY GP- NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 14309 of 20 23 - 3 - 2025:KER:27676 JUDGMENT Dated this the 1st day of April, 2025 Petitioner has approached this Court challenging Ext.P5 amendment to Rule 18(1) of the Right of Children to Free and Compulsory Education Rules, 2011, and for a consequential direction to the 3rd respondent to approve the appointment of the petitioner as Headmaster of AUP School, Pazhur with effect from 06.06.2019. 2. The learned Counsel for the petitioner would submit that as per the decision of this Court in Venugopalan H. v. District Educational Officer, Palakkad [2025 KHC OnLine 258], wherein this Court did not interfered with the amendment, the retrospective operation of the said amendment was interfered with, and held that the amendment will have only prospective operation. The grievance raised by the petitioner is that even after the declaration of law as stated above by this Court, by Ext.P14 order dated 04.03.2025, the claim raised by the Manager for approval of appointment of the petitioner as Headmaster was again declined by the Government. In the light of the declaration of law as stated in Venugopalan H’s case cited supra, petitioner submits that the matter requires reconsideration. 3. In view of the above, Ext.P14 is set aside with a consequential direction to the 1st respondent to reconsider the WP(C) No. 14309 of 20 23 - 4 - 2025:KER:27676 appeal preferred by the Manager in accordance with law taking into consideration the declaration of law in Venugopalan H’s case cited supra within a period of one month from the date of receipt of a copy of this judgment. With the above said direction the writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 14309 of 20 23 - 5 - 2025:KER:27676 APPENDIX OF WP(C) 14309/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SENIORITY LIST OF TEACHERS BELONGING TO UPPER PRIMARY, AUP SCHOOL, PAZHUR DATED 01.01.2019 Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER IN FORM 27 DATED 06.06.2019 Exhibit-P3 TRUE COPY OF THE GO(MS) NO. 27/2018/G.EDN OF THE GOVERNMENT DATED 06.03.2018 Exhibit-P4 TRUE COPY OF THE GO(MS) NO. 16/18/G.EDN OF THE GOVERNMENT DATED 19.02.2018 Exhibit-P4(a) TRUE COPY OF THE GO(P) NO. 16/2018/G.EDN OF THE GOVERNMENT DATED 09.07.2018 Exhibit-P5 TRUE COPY OF THE GO(P) NO.1/2021/G.EDN OF THE GOVERNMENT DATED 05.01.2021 Exhibit-P6 TRUE COPY OF THE ORDER IN SLP(CIVIL) DIARY NO. 12310/2020 DATED 17.06.2020 Exhibit-P7 TRUE COPY OF THE GO(MS) NO. 157/2015/G.EDN OF THE GOVERNMENT DATED 10.06.2015 Exhibit-P8 TRUE COPY OF THE ORDER DATED 11.01.2021 IN WP(C) NO. 715/2021 Exhibit-P8(a) TRUE COPY OF THE ORDER DATED 23.09.2021 IN WP(C) NO. 19770/2021 Exhibit-P9 TRUE COPY OF THE ORDER NO. K.DIS C/37253/2022 ISSUED BY THE 3RD RESPONDENT DATED 04.11.2022 Exhibit-P10 TRUE COPY OF THE REVISION PETITION DATED 09.11.2022 FILED BY THE 4TH RESPONDENT BEFORE THE GOVERNMENT Exhibit-P11 TRUE COPY OF THE CIRCULAR NO. J1/01/21/G.EDN ISSUED BY THE GOVERNMENT WP(C) No. 14309 of 20 23 - 6 - 2025:KER:27676 DATED 27.11.2022 Exhibit-P12 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2536/2023 DATED 22.03.2023 RESPONDENT EXHIBITS Exhibit R5 (a) A true copy of the seniority list of teachers as on 01.01.2019, duly signed by the 4th respondent PETITIONER EXHIBITS Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 22.08.2024 IN WA.NO. 863/2023 OF THIS HONOURABLE COURT. Exhibit P14 TRUE COPY OF THE ORDER DATED 04.03.2025 ISSUED BY THE GOVERNMENT