IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 13979 of 2010(V) -------------------------- PETITIONER(S): --------------- SMT.OMANA SREE RAM, MANAGER, VHSS KUZHIKKALIDAVAKA, KARIMPINPUZHA P.O., PANGOD, KOLLAM. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. P.V.ANITHA VASANTH, HEADMISTRESS, VHSS KUZHIKKALIDAVAKA (UNDER ORDER OF SUSPENSION) VASANTHALAYAM, KADAMPANADU SOUTH, MANAMPUZHA P.O., KOLLAM. ADDL.R4. DISTRICT EDUCATIONAL OFFICER, KOLLAM ADDL.R5. SMT.T.SREELATHA, TEACHER, HIGH SCHOOL VHSS, KUZHIKKALIDAVAKA VASANTHALAYAM, KADAMPANADU SOUTH, MANAMPUZHA P.O., KOLLAM. ADV. SRI.V.A.MUHAMMED FOR R3 SRI.K.E.HAMZA FOR R3 G.P.SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2010, ALONG WITH WPC NO. 18008 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).Nos.13979 & 18008 OF 2010 ---------------------------------- Dated this the 12th day of October, 2010 JUDGMENT P.V.Anitha Vasanth was working as Headmistress of V.H.S.S, Kuzhikkalidavaka, Karimpuzha P.O, Kollam. Smt.Anitha Vasanth was placed under suspension by the Manager on 30.3.2010 for a period of 15 days. The Manager forwarded the records to the Deputy Director of Education, Kollam. The Deputy Director conducted a preliminary investigation as contempled in Rule 67(8) of Chapter XIV A of the Kerala Education Rules. The request of the Manager to continue the suspension was considered by the Deputy Director and it was held as per the order dated 16.4.2010 that P.V.Anitha Vasanth was entitled to be reinstated in service. In W.P(C) No.13979 of 2010, the Manager, Smt.Omana Sree Ram challenges the order dated 16.4.2010 passed by the Deputy Director of Education. W.P.(C).Nos.13979 & 18008 OF 2010 2 2. Under the same management, there is a Vocational Higher Secondary School. The Government as per G.O(Rt)No.2067/2010/Gl.Edn. dated 17.5.2010, directed the Manager to appoint the Headmistress of the High School as Principal of Vocational Higher Secondary Section as per the existing rules. The Manager has challenged the Government Order dated 17.5.2010 in Writ Petition No.16883 of 2010 and it is pending. 3. In WP(C) No.13979 of 2010 filed by the Manager, Omana Sree Ram, she has mainly challenged the order dated 16.4.2010 passed by the Deputy Director of Education directing the reinstatement of Anitha Vasanth as the Headmistress. Apart from that relief, the Manager has also challenged Ext.P10 G.O.(MS) No.31/10/Gl.Edn. dated 24.2.2010, which is also a subject matter of challenge in WP (C) No.16883/2010 filed by the Manager. 4. In WP(C) No.18008/2010 filed by Anitha Vasanth, she prays for implementation of the order W.P.(C).Nos.13979 & 18008 OF 2010 3 dated 16.4.2010 passed by the Deputy Director of Education. Smt.Anitha Vasanth has also made a prayer to issue a direction to the Manager to implement the order dated 17.5.2010 issued by the Government. As stated earlier, the order dated 17.5.2010 issued by the Government is under challenge at the instance of the Manager in WP(C) No.16883/2010. 5. Heard Sri.K.R.B.Kaimal, the Senior Advocate appearing for the Headmistress, Sri.A.N.Rajan Babu, learned counsel appearing for the Manager and the learned Government Pleader. It is agreed by the counsel appearing for the Headmistress as well as the Manager that there could be a direction to the Manager to reinstate Smt.P.V.Anitha Vasanth as Headmistress of the school and that the question whether she is entitled to be appointed as the Principal of the Vocational Higher Secondary School can be left open to be considered in W.P.(C) No.16883/2010. W.P.(C).Nos.13979 & 18008 OF 2010 4 6. In view of the submissions made by the learned counsel for the Headmistress and the learned counsel for the Manager, these Writ Petitions are disposed of as follows: a) Smt.P.V.Anitha Vasanth will be reinstated as Headmistress forthwith. b) The challenge against the Government Order dated 17.5.2010 (G.O.(Rt.) No. 2067/2010/Gl.Edn.) and the Government Order dated 24.2.2010 (G.O. (MS) 31/10/Gl.Edn.) will be considered in WP(C) No.16883/2010. c) All the contentions of the parties are left open. K.T.SANKARAN, JUDGE. cms