IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 20478 of 2011(S) -------------------------- PETITIONER: -------------- A.K.MOHANDAS AGED 51 YEARS,S/O.A.M.KUNJU, R/A.APPATTU VALAPPIL HOUSE, KARIKKAD POST, THRISSUR DIST(PRESIDENT,PARENT TEACHERS ASSOCIATION, GOVERNMENT HIGHER SECONDARY SCHOOL CHAVAKKAD, THRISSUR DISTRICT BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA DR.GEORGE ABRAHAM RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE,THRISSUR DISTRICT-680 003. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE SPECIAL PRIVATE SECRETARY, HON'BLE MINSTER FOR EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD, THRISSUR DISTRICT-680 506. 5. THE HEADMASTER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KADAPPURAM, THRISSUR DISTRICT-680 514. 6. SRI.K.VASUDEVA DAS, PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL CHAVAKKAD, THRISSUR DISTRICT-680 506. WP(C).No. 20478 of 2011(S) ADDL. 7. THE PARENT TEACHERS ASSOCIATION COMMITTEE, REPRESENTATION BY VICE PRESIDENT A.K. HANEEFA, AGED49 YEARS, S/O.KOYASSAN, AMBALATHU VEETIIL (H), SOUTH PALIYOOR, CHAVAKKAD P.O. ADDL. 8. C.K. SOMAN, PARENT TEACHERS ASSOCIATION, EXECUTIVE MEMBER, GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD, THRISSUR DISTRICT, PIN-680 056. ADDL. 9. ABDUL LATHEEF, HAS & PTA EXECUTIVE MEMBER, GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD, THRISSUR DISTRICT, PIN-680 056. ADDL. 10. BABURAJ V.K., TEACHER CUM-STAFF SECRETARY, & PTA EXECUTIVE MEMBER, GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD, THRISSUR DISTRICT, PIN-680 056. (R7 TO R10 IMPLEADED AS ADDITIONAL RESPONDENTS VIDE ORDER DATED 27.09.2011 IN I.A. NO.13289 OF 2011) R1 BY SRI.K.S. JALEEL, ADDL. ADVOCATE GENERAL R6 BY ADV.SRI.P.NANDAKUMAR R3 BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD R7 TO R10 BY DR.GEORGE ABRAHAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20478 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PETITION DATED 07.05.2008 PREFERED BY A.A. MALATHY BEFORE THE KERALA STATE WOMENS' COMMISSION ALONG WITH ITS TRANSLATION. EXT.P2 : TRUE COPY OF THE COMPLAINT IODGED BY THE PRINCIPAL, CHAVAKKAD, HIGHER SECONDARY SCHOOL, THRISSUR DATED 04.09.2010 ALONG WITH ITS TRANSLATION. EXT.P3 : TRUE COPY OF THE COMPLAINT PETITION ALONG WITH ITS TRANSLATION. EXT.P4: TRUE COPY OF THE COMPLAINT OF M.O. ANTONY DATED 20.02.2009 ALONG WITH ITS TRANSLATION. EXT.P5: TRUE COPY OF THE COMPLAINT BEFORE THE GRIEVANCE REDRESSAL CELL OF THE HON'BLE CHIEF MINISTER LONG WITHITS TRANSLATION. EXT.P6: TRUE COPY OF THE COMMUNICATION DATED 17.03.2011 ALONG WITH ITS TRANSLATION. EXT.P7: TRUE COPY OF THE PROCEEDINGS OF THE TRANSFER ORDER DATED 09.06.2011 ISSUED BY THE 1ST RESPONDENT TRANSFERRING THE 6TH RESPONDENT. EXT.P8: TRUE COPY OF THE JUDGMENT DATED 22.06.2011 EXT.P9: TRUE COPY OF THE TRANSFER ORDER ON 09.06.2011ALONG WITH ITS TRANSLATION. EXT.P10 : TRUE COPY OF TH ORDER DATED 25.07.2011 CANCELLING EXT.P9. EXT.P11 : TRUE COPY OF THE RELIEVING ORDER DATE 28.06.2011. EXT.P12 : TRUE COPY OF THE LETTER OF THE PRINCIPAL G.H.S.S. CHAVAKKAD DATED 06.08.2011 ALONG WITH ITS ENGLISH TRANSLATION. EXT.P13 : TRUE COPY OF THE MINUTES OF THE ALLEGED P.T.A. MEETING ALONG WITH ITS ENGLISH TRANSLATION. EXT.P14 : TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 14.08.2011 ADDRESSED TO THE SECOND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXT.P15 : TRUE COPY OF THE COMPLAINT DATED 07.07.2011 RECEIVED BY THE PETITIONER FROM SMT.USHA THOMAS ALONG WITH ITS ENGLISH TRANSLATION. EXT.P16 : TRUE COPY OF THE APPLICATION FOR CASUAL LEAVE DATED 29.06.2011. WP(C).No. 20478 of 2011(S) EXT.P17 : TRUE COPY OF THE ATTENDANCE REGISTER OF JUNE, JULY AND AUGUST 2011. EXT.P18 : TRUE COPY OF THE RELIEVING ORDER DATED 01.08.2011. EXT.P19 : TRUE COPY OF THE ORDER DATED 02.08.2011. RESPONDENT'S EXHIBITS: EXT.R6(A) : TRUE COPY OF THE INSPECTION REPORT RECEIVED BY THE 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. EXT.R6(B) : TRUE COPY OF THE PETITION DATED 17.01.2011 SUBMITTED BY THE PRESIDENT AND VICE PRESIDENT OF THE PARENT TEACHERS ASSOCIATION OF THE GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD BEFORE THE DY.DIRECTOR OF EDUCATION, THRISSUR. EXT.R6(C) : ENGLISH TRANSLATION OF EXHIBIT R6(B) DOCUMENT. EXT.R6(D) : TRUE COPY OF THE COMPLAINTDATED 21.07.2011 SUBMITTED BEFORE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.R6(E) : ENGLISH TRANSLATION OF EXHIBIT R6(D) DOCUMENT. EXT.R6(F) : TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE 6TH RESPONDENT DATED 27.07.2011. EXT.R6(G) : TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE 6TH RESPONDENT DATED 05.08.2011. EXT.R6(H) : TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE 6TH RESPONDENT DATED 12.08.2011. EXT.R6(I) : TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE 6TH RESPONDENT DATED 01.09.2011. /TRUE COPY/ PA TO JUDGE Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20478 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. The writ petition came to be filed in the nature of a Public Interest Litigation seeking the following reliefs: “i. Call for the records leading to Ext.P9 and quash the same by issuing a Writ of certiorari or any other appropriate Writ. ii. Issue a writ of mandamus commanding the respondents 1 and 2 to take action 6th respondent for his unauthorized absence after being relieved pursuant to Ext.P7 order of transfer. iii. Direct the respondents 1 and 2 to enforce Ext.P7 order of transfer and enquire into the allegations against the 6th respondent and take action in accordance with law. iv. pass such other orders that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and v. to award cost of the writ petition.” 2. When the petitioner herein approached the learned Single Judge seeking quashing of Ext.P9, the review order, the matter came to be listed before this Court treating the same as Public Interest Litigation. Having noticed the enquiry report W.P.(C) No. 20478 of 2011 -:2:- being marked to the Private Secretary to the Ministry of Education, this Court directed to hold an independent enquiry into the allegations made by the petitioner herein against the 6th respondent Physical Education Teacher Mr.K.Vasudeva Das. In pursuance of the direction, an enquiry report came to be filed, which refers to the information of each and every staff including the Principal in the School, where the 6th respondent is working as a Physical Education Teacher, apart from the executive members of the association of which the petitioner is said to be the President. We also note the findings arrived at the enquiry, which reads as under: “ 1. Majority members of the PTA executive are not agreeing with the deeds of the President. He is not implementing the decision taken by the Committee. He is misusing the position of PTA President only to wreck vengeance. 2. So far, he has not convened the PTA Executive to discuss the above matter and not ascertained the views of the members. 3. Majority of the PTA Executive Members have spoken good about Sti.Vasudevadas. The majority of the PTA Executive Members, Staff and students wanted the retention of Sri.Vasudevadas in High School, Chavakkad. W.P.(C) No. 20478 of 2011 -:3:- 4. The non-co-operation of the PTA President in the enquiry conducted in pursuance to the direction issued by the Hon'ble High Court is mischievous. The PTA Executive Members, Staff and the Principal have given written letter seeking the removal of the President. From the examination of the above statement and the explanation given by the PTA Committee Members, Staff and others, it is seen that Sri.Mohandas, PTA President, has made these complaints without any authority from the PTA Executive or Staff. In fact, the allegation made by the President is unfounded. In the matter of cancellation of the transfer order, there is no external pressure or influence. It is submitted that the copy of Ext.P9 was also communicated to the Office of the Minister for Education since copy of certain complaints against Sri.Vasudevadas was extended to the said Office. The Office of the undersigned has acted only in accordance with law in the matter of transfer of Sri.Vasudevadas. The undersigned has implemented the direction issued by the Hon'ble High Court in letter and spirit whenever such direction was issued. ” 3. Having regard to the findings of the independent enquiry conducted by the Committee constituted for the specific purpose, we are of the opinion, we need not interfere in this case. In a Public Interest Litigation controversies relating to service matters cannot be gone into. W.P.(C) No. 20478 of 2011 -:4:- In that view of the matter, we are of the opinion, nothing remains for our consideration and accordingly the Writ Petition is dismissed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb