IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 15737 of 2008(W) PETITIONER: ------------ THE MANAGER, ST.THOMAS U.P.SCHOOL, PARANNUR CHOONDAL, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. 3. SMT.C.U.ALICE, HEADMISTRESS, ST.THOMAS U.P.SCHOOL, PARANNUR, CHOONDAL, THRISSUR DISTRICT. R3 BY ADV. SRI.M.SASINDRAN R1 & R2 BY GOVT. PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, ALONG WITH WPC NO. 17023 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 15737 OF 2008 W and W.P.(C) NO. 17023 OF 2008 B -------------------------------------------- Dated this the 1st July, 2008 JUDGMENT W.P.(C) No.15737 of 2008 is filed by the Manager of St.Thomas U.P.School, Parannur, Choondal, Thrissur District. The third respondent in that Writ Petition is the Headmistress of the School. W.P.(C) No.17023 of 2008 is filed by the Headmistress of the same School in which the first respondent is the Manager of the School. 2. The Headmistress was placed under suspension by the Manager as per the suspension order dated 8.6.2007. It is stated that a hearing was conducted by the Senior Superintendent of the office of the Assistant Educational Officer on 20.6.2007 and on 21.6.2007, an order was passed exercising powers under Rule 67(8) of Chapter XIVA of the Kerala Education Rules, directing the Manager to reinstate the Headmistress with effect from the date of suspension. The order dated 21.6.2007, passed by the Assistant Educational Officer, was challenged by the Manager before the Government in Revision. Ext.P3 dated 9.7.2007, marked in W.P.(C) No.15737 of 2008, is the said Revision. The Revision is not yet disposed of. As per order dated 22.6.2007 the Headmistress was reinstated. W.P.(C) NOS.15737 AND 17023 OF 2008 :: 2 :: 3. A memo of charges dated 26.7.2007 was issued to the Headmistress, to which, she submitted reply dated 9.8.2007. The Manager requested the Assistant Educational Officer to conduct an enquiry into the charges as provided in Rule 75 of Chapter XIVA of the Kerala Education Rules. The relevant files were also forwarded to the Assistant Educational Officer along with the request dated 24.9.2007 (marked as Ext.P7 in W.P.(C) No.15737 of 2008). The Assistant Educational Officer has not disposed of Ext.P7. 4. W.P.(C) No.17023 of 2008 is filed by the Headmistress for the following reliefs: “i) To call for the records of Exts.P11, P12 and P14 and to quash all further proceedings against the petitioner pursuant to the same. ii) To command the 1st respondent not to suspend the petitioner for the allegation raised in Exts.P11, P12 and P14. iii) To issue a writ of mandamus or any other writ of certiorari directing to the 2nd respondent to finalise the proceedings pursuant to Ext.P7 with direction to the Manager not to interfere in the functioning of the Headmistress. iv) To issue such other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstance of the case.” W.P.(C) NOS.15737 AND 17023 OF 2008 :: 3 :: 5. The grievance of the Headmistress is that the Manager issued memos after memos with an intention to place the Headmistress under suspension in the near future. In other words, according to the Headmistress, these memos are issued as a prelude to suspend her which she anticipates. According to the Headmistress, the Manager is interfering with the administration of the School and even encroaches upon the functions of the Headmistress. Learned counsel for the Manager denies all the allegations made by the Headmistress in W.P.(C) No.17023 of 2008. It would appear that the parents of the pupils and the general public of the locality made a mass petition to the educational authorities requesting for revoking the suspension of the Headmistress. 6. Ext.P6 marked in W.P.(C) No.17023 of 2008 is a representation submitted by the Manager to the Assistant Educational Officer pointing out several irregularities on the part of the Headmistress. As per communication dated 20.2.2008, the Assistant Educational Officer directed the Headmistress to submit a reply. The Headmistress has submitted her reply dated 22.4.2008 before the Assistant Educational Officer (marked as Ext.P8 in W.P.(C) No.17023 of 2008). That matter is also pending consideration. 7. The Revision filed by the Manager before the Government W.P.(C) NOS.15737 AND 17023 OF 2008 :: 4 :: challenging the order dated 21.6.2007, passed by the Assistant Educational Officer, is pending disposal. Likewise, Ext.P7 in W.P.(C) No.15737 of 2008, submitted by the Manager to the Assistant Educational Officer for conducting an enquiry is also pending disposal. So also, the representation dated 29.1.2008 submitted by the Manager to the Assistant Educational Officer, to which the Headmistress has sent reply dated 22.4.2008, is also pending before the Assistant Educational Officer. After having heard the learned counsel appearing for the Manager as well as the Headmistress, I am of the view that the Writ Petitions can be disposed of in the following manner: a) The Assistant Educational Officer shall dispose of Ext.P7, marked in W.P.(C) No.15737 of 2008, which is the request made by the Manager to conduct an enquiry as provided in Rule 75 of Chapter XIVA of the Kerala Education Rules, as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the Manager and the Headmistress. b) The Assistant Educational Officer shall also dispose of Ext.P6 representation dated 29.1.2008, marked in W.P.(C) No.17023 of 2008, which is the representation made by the Manager pointing out certain irregularities on the part of the Headmistress, as W.P.(C) NOS.15737 AND 17023 OF 2008 :: 5 :: expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the Manager as well as the Headmistress. c) The Revision filed by the Manager before the Government (Ext.P2 in W.P.(C) No.15737 of 2008) shall be kept in abeyance till the Assistant Educational Officer disposes of the matters as mentioned above. d) It is made clear that if occasion arises, either the Manager or the Headmistress would be entitled to move the Government for passing appropriate orders in the Revision pending before the Government. e) The Assistant Educational Officer shall issue notice to the Manager, the Headmistress, the office bearers of the Parent Teachers' Association and shall make every endeavour to settle the disputes between the Manager and the Headmistress so that there would be a peaceful atmosphere in the School and that all would stand benefited. f) The Assistant Educational Officer need pass orders on the merits W.P.(C) NOS.15737 AND 17023 OF 2008 :: 6 :: on Ext.P7 in W.P.(C) No.15737 of 2008 and on Ext.P6 in W.P.(C) No.17023 of 2008 only after exhausting all efforts to have an amicable settlement. g) The Manager as well as the Headmistress shall make available copies of the Writ Petitions filed by them respectively before the Assistant Educational Officer. The Manager shall also produce certified copy of the judgment before the Assistant Educational Officer. h) It is made clear that if the disputes are amicably settled, all the matters pending before the Assistant Educational Officer and the Government as referred to above can be closed on the basis of the settlement. (K.T.SANKARAN) Judge ahz/