IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 24904 of 2009(G) PETITIONER: --------------- THE CORPORATE MANAGER, M.M.VOCATIONAL HIGHER SECONDARY SCHOOL, KOZHIKODE. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 4. M.AHAMMED, PRINCIPAL (UNDER SUSPENSION), M.M.VOCATIONAL HIGHER SECONDARY SCHOOL, KOZHIKODE, RESIDING AT 'PRABHATH', ADIYARATH, KARAMTHOOR P.O., VIA. KUNNAMANGALAM, KOZHIKODE. ADDL.R5 IMPLEADED: 5. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 15.12.2009 IN I.A.NO.15878 OF 2009. R3 BY ADV. SRI.K.M.FIROZ GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPORT DATED 29.10.2008. EXT.P2 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PTA DATED 4.11.2008. EXT.P3 TRUE COPY OF THE LETTER SEEKING EXPLANATION FROM THE FOURTH RESPONDENT DATED 7.11.2008. EXT.P4 TRUE COPY OF THE LETTER DATED 13.11.2008. EXT.P5 TRUE COPY OF THE REPRESENTATION RECEIVED FROM THE STUDENTS AND PARENTS DATED 5.12.2008. EXT.P6 TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.12.2008. EXT.P7 TRUE COPY OF THE LETTER FORWARDED TO THE DEO, KOZHIKODE DATED 10.12.2008. EXT.P8 TRUE COPY OF THE LETTER DATED 19.12.2008 SENT TO THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE NORMS AS PUBLISHED IN MATHRUBHOOMI DAILY ISSUED BY THE GOVERNMENT DATED 6.2.2009. EXT.P10 TRUE COPY OF THE LETTER DATED 28.2.2009 ISSUED BY THE SECOND RESPONDENT. EXT.P11 TRUE COPY OF THE ORDER DATED 4.3.2009. EXT.P12 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS. EXT.P13 TRUE COPY OF THE REVISION PETITION WITHOUT ANNEXURES DATED 27.3.2009. EXT.P14 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.11520 OF 2009 (H) DATED 7.4.2009. EXT.P15 TRUE COPY OF THE GOVERNMENT ORDER, G.O.(Rt) NO.2621/2009/G.EDN. DATED 27.6.2009. EXT.P16 TRUE COPY OF THE LETTER DATED 22.3.2010 APPOINTING ADVOCATE FIROZ.T. AS ENQUIRY OFFICER. EXT.P17 TRUE COPY OF THE GOVERNMENT ORDER, G.O.(MS) NO.31/10/G.EDN. DATED 24.2.2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.24904 OF 2009 G ------------------------------------------------------ Dated this the 3rd day of November, 2010 JUDGMENT The petitioner is the Corporate Manager of M.M.Vocational Higher Secondary School, Kozhikode. The fourth respondent, the Principal of the said School, was placed under suspension. As per Ext.P15 order dated 27.6.2009, the Government directed the petitioner to reinstate the fourth respondent. The challenge in this Writ Petition is against Ext.P15 order. Learned counsel for the petitioner submitted that the fourth respondent was reinstated in compliance with Ext.P15 order. 2. The learned counsel for the petitioner submitted that the disciplinary proceedings against the fourth respondent are to be continued on the basis of Ext.P12 memo of charges. The counsel pointed out that in Mar Philexinos Vocational Higher Secondary School v. State of Kerala (2010 (1) KLT 176), it was held that Chapter XIV A of the Kerala Education Rules does not apply to teachers of Vocational Higher Secondary Schools in respect of W.P.(C) NO.24904 OF 2009 G :: 2 :: disciplinary proceedings. The counsel for the petitioner submits that subsequently, as per G.O.(MS) No.31/10/G.Edn. dated 24.2.2010 (Ext.P17), the provisions of the Kerala Education Rules in respect of the disciplinary proceedings have been made applicable to the teaching and non-teaching staff of Aided Vocational Higher Secondary Schools as well. The only submission made by the learned counsel for the petitioner is that the appropriate authority may continue the disciplinary proceedings against the fourth respondent. 3. The learned Government Pleader submitted that the authority concerned would continue the disciplinary proceedings against the fourth respondent without any delay. This submission made by the learned Government Pleader is recorded. No further orders are required in the Writ Petition. The Writ Petition is accordingly closed. (K.T.SANKARAN) Judge ahz/