Kerala High Court Seeks State's Response In Plea Challenging Suspension Of Teacher Over Question About VD Savarkar

The Kerala High Court has asked the State to respond to a writ petition filed by an Upper Primary School Teacher who was placed under suspension pursuant to an order issued by the Deputy Director of Education, Kasaragod.

The said suspension was ordered under Section 12A of the Kerala Education Act, 1958, following the conduct of the "Social Science Club Freedom Quiz 2026", wherein a tie-breaker question regarding the freedom fighter who received the maximum punishment from the Britishers had the designated answer key as V.D. Savarkar.

The Bench of Justice Viju Abraham remarked, "You can go on for the disciplinary proceedings, but how can you suspend someone for this? Can suspension be a form of punishment?"

Advocate K.S. Bharathan appeared for the Petitioner

He submitted, "The entire exercise was done on the direction of the Minister...all that was done was that a question was set...Strange, this is part of the history. This is a person who has been eulogized by the Central Government."

The Counsel for the State said, "This will create confusion among students. This is done without the backing of the authoritative text."

As the State's counsel sought time to reply, the Bench adjourned the matter to Monday i.e. August 17, 2026.

The concerned question was, "Who was the Freedom Fighter who received the maximum punishment from the Britishers?" The answer to which was given as V.D. Savarkar.

It was contended by the Directorate of Education that the said answer became a subject of a controversy and, in the enquiry that was conducted by another respondent, imposition of punishment against the petitioner, under whose supervision the said quiz paper was prepared, was suggested to be taken.

The Plea said, "Ext P6 Ministry of Culture’s write-up would show that late VD Savarkar remained incarcerated from 1910 to 1937. Ext P7 Commemorative Stamp issued by the Government of India, led by the then Prime Minister Indira Gandhi, stands as testament to Savarkar’s incarceration at Port Blair. If what is stated as answer to the question is the truth, which is borne from records, and there is no obscenity or incitement of any hatred among religious groups or incitement of communal animosity or degradation of any group or depiction of any section of people as bad or ugly, should the petitioner suffer perilous and harsh consequences like that of suspension and initiation of departmental disciplinary proceedings?"

It was submitted by the Petitioner that the impugned order was passed in violation of the provisions of the Act as the impugned order did not specify why the proviso to S.12A(2)(a) of the Kerala Education Act was not resorted to by the 3rd respondent.

The Petitioner contended that proceedings initiated against him were on account of a needless controversy that emanated out of the question aforesaid. Petitioner was being put under suspension because the answer to a question in the question paper was not palatable to a section of the society.

"As per Ext P3, the allegation against the petitioner is that there was a failure on the part of the petitioner in preparing the said question paper which has spread misunderstanding and ignited controversy. The mere act of setting of a question paper cannot lead to severe consequences like suspension and initiation of disciplinary proceedings", it said.

The Petitioner also added that the concerned respondent could not have overridden the proviso of S.12A(2) in view of the fact that the appointing authority of the petitioner was the 6th respondent – Manager of AUPS, Pallathadka, who was also his disciplinary authority.

"The entire exercise undertaken by the respondents has been based on the feelings of a section of people and not based on any substance. There is no finding either in Ext P2 letter or in Ext P3 order to show that the controverted answer was not the correct answer to the subject question", the plea stated.

He also submitted that the Government of India, led by the then Prime Minister Indira Gandhi, came out with a stamp issued to commemorate the 87th birth anniversary of late V.D. Savarkar. The design of the stamp depicts a portrait of late V.D. Savarkar along with a picture of Cellular Jail at Port Blair in the background.

"The issuance of Ext P2 letter and P3 order is politically motivated. The same can be ascertained from the fact that the head of the Department has directed taking of such a course of action. There is nothing that justifies the action of placing the petitioner under suspension and initiation of disciplinary proceedings against him", the Petitioner asserted.

The Petitioner sought stay of the impugned order as an interim relief and sought directions to quash the same.

Cause Title: Guruprasad Rai K v. State of Kerala & Ors. [W.P.(C) No. 27818 of 2026]