IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 15155 of 2010(T) ------------------------------------- PETITIONERS : ------------------------ PUNDALIKA KAMATH H., AGED 33 YEARS, S/O.LATE H.VENKATESH KAMATH, ANANTHA COMPOUND, NEAR AGRICULTURAL DEVELOPMENT BANK, MELANGOT, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.V.R.KESAVA KAIMAL RESPONDENTS : ------------------------- 1. THE SECRETARY, CHINMAYA MISSION EDUCATIONAL & CULTURAL TRUST (KANNUR), KANHANGAD UNIT MANAGING COMMITTEE, KANHANGAD, KASARAGOD DISTRICT. 2. THE MANAGING COMMITTEE, KANHANGAD UNIT, CHINMAYA MISSION EDUCATIONAL & CULTURAL TRUST (KANNUR), KANHANGAD, KASARAGOD DISTRICT, REP. BY ITS PRESIDENT. 3. THE CHAIRMAN, DISCIPLINARY COMMITTEE (CONSTITUTED UNDER SECTION 49 OF THE AFFILIATION BYE-LAWS, (C.B.S.E.), CHINMAYA VIDYALAYA, ATHIYAMBUR P.O. KANHANGAD, KASARAGOD DISTRICT-671 315. 4. THE JOINT SECRETARY (AFFILIATION), C.B.S.E., 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. ADVS. SRI.SURESH KUMAR KODOTH FOR R1 TO R3 SRI. DEVAN RAMACHANDRAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 15155 of 2010(T) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE COMPLAINT DATED 27.06.2009 FILED BY THE PETITIONER. EXT P2 : COPY OF THE JUDGMENT DATED 23.07.2009 IN W.P.C.NO.20635/2009 EXT P3 : COPY OF THE JUDGMENT DATED 16.12.2009 IN W.A.NO.2467/2009 EXT P4 : COPY OF THE APPEAL MEMORANDUM DATED 07.01.2010 FILED BY THE PETITIONER EXT P5 : COPY OF THE COMPLAINT DATED 28.01.2010 FILED BY THE PETITIONER EXT P6 : COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXT. P4 EXT P7 : COPY OF THE REMINDER DATED 20.02.2010 EXT P8 : COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXT.P7 EXT P9 : COPY OF THE REMINDER DATED 10.03.2010 EXT P10 : COPY OF THE RULES AS UNLOADED FROM THE NET EXT P11 : COPY OF THE SHOW CAUSE NOTICE DATED 17.11.2008 ALONG WITH THE COMPLAINT EXT P12 : COPY OF RELEVANT PAGE OF THE NORMS OF AFFILIATION PUBLISHED BY THE FOURTH RESPONDENT EXT P13 : COPY OF THE GOVERNMENT ORDER DATED 14.02.2011 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA EXT P14 : COPY OF THE GOVERNMENT ORDER DATED 01.09.2011 EXT P15 : COPY OF THE GOVERNMENT ORDER DATED 07.10.2011 RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15155 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011. JUDGMENT The petitioner herein is working as a Computer Teacher at Chinmaya Vidyalaya, Athiyambur P.O., Kanhangad in Kasaragod District. This is a case where the petitioner stands terminated from service. It is the case of the petitioner that thereafter an appeal was filed before the third respondent as per Ext.P4 and another complaint was made before the fourth respondent as per Ext.P5. Aggrieved by the delay in the matter, this writ petition is filed. 2. On behalf of the school, a counter affidavit has been filed and the petitioner has filed a reply affidavit also. 3. Going by the relevant provisions of the bye-laws, under Clause 49 the appeal has to be preferred before the Disciplinary Committee which consists of the Chairman of the School Managing Committee or his nominee, the Manager of the school, a nominee of the Board who shall act as Adviser, the Head of the school and one teacher. 4. Learned counsel appearing for respondents 1 and 2 submits that respondents 1 and 2 have already approached the 4th respondent on wpc 15155/2010 2 11.3.2010 in tune with Clause 49, to send a nominee. 5. Learned Standing Counsel appearing for the 4th respondent Central Board of Secondary Education, on getting instructions submitted that no such request has been received by the fourth respondent. Evidently under clause 49 of the bye-laws the Disciplinary Committee will have to be formed for considering the appeal. 6. In that view of the matter, respondents 1 and 2 will forward a fresh request to the C.B.S.E. for sending a nominee as enjoined by clause 49(c) of the bye-laws, within two weeks from today, and the C.B.S.E., in turn, will communicate the details of the nominee within three weeks from the date of receipt of the said request. The appeal itself will be considered by the Disciplinary Committee within a period of two months after its constitution. All the contentions of the petitioner are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/