IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 16410 of 2011(A) ---------------------- PETITIONER : --------------------- G.SURESH, MANAGER, KARAVARAM VOCATIONAL HIGHER SECONDARY SCHOOL, KALLAMBALAM P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN 695 101. 4. SMT.B.SOBHA, H.S.A. (MALAYALAM), KARAVARAM VOCATIONAL HIGHER SECONDARY SCHOOL, KALLAMBALAM P.O., THIRUVANANTHAPURAM, PIN 695 605, RESIDING AT "ASWATHY", EDAMANNILA, MARUTHUKUNNU, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 16410 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPORTS PUBLISHED IN (METRO VARTHA IN THEJUS) THE LOCAL NEWSPAPERS REGARDING 4TH RESPONDENT. EXT.P2 : COPY OF THE REPORT DATED 23-6-2010 SUBMITTED BY THE HEADMASTER TO THE PETITIONER. EXT.P3 : COPY OF THE MEMO DATED 23-6-2010 ISSUED TO THE 4TH RESPONDENT BY THE PETITIONER. EXT.P4 : COPY OF THE REPLY DT. 25-6-2010 SUBMITTED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P5 : COPY OF THE ORDER DT. 1-7-2010 ISSUED BY THE PETITIONER SUSPENDING THE 4TH RESPONDENT. EXT.P6 : COPY OF THE ORDER DATED 14-7-2010 ISSUED BY THE 3RD RESPONDENT. EXT.P7 : COPY OF THE ORDER, G.O. DATED 6-4-2011 ISSUED BY THE 1ST RESPONDENT. EXT.P8 : COPY OF THE INTERIM ORDER DATED 3-5-2011 IN WP(C) NO. 12870/2011 OF THIS HON'BLE COURT. EXT.P9 : COPY OF THE ORDER DATED 31-5-2011 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P10 : COPY OF THE JUDGMENT DATED 12-10-2009 IN W.A. NO. 1901/2009 OF THIS HON'BLE COURT. EXT.P11 : COPY OF THE SHOW CAUSE NOTICE DATED 24-5-2011 ISSUED BY THE 2ND RESPONDENT. EXT.P12 : COPY OF LETTER DATED 20.6.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No. 16410 Of 2011 -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner, who is the Manager of a Higher Secondary School is aggrieved by Exhibit P11 show cause notice issued by the Additional Director of Public Instruction. 2. The show cause notice is dated 24.5.2011. A reading of the same shows that the 4th respondent herein was suspended by the petitioner. The District Educational Officer by Exhibit P6 order did not grant permission for continued suspension after a preliminary investigation was made. This was challenged by the petitioner before the Government and before this Court also by filing W.P.(C)No.23806/10. The Government was directed to take a decision in the matter and a hearing was conducted on 18.9.2010. Exhibit P7 is the order passed by the Government. It appears that the prima facie view taken in Exhibit P11 is that the petitioner has not reinstated the 4th respondent as directed by the Government. Further, it is pointed out that the petitioner has not promoted her as Headmistress also. W.P.(C)No. 16410/11 -2- 3. The learned counsel for the petitioner submitted that the petitioner has already reinstated the 4th respondent as evident from Exhibit P9. It is submitted that for extraneous reasons, the show cause notice has been issued and that the same suffers from want of jurisdiction. 4. Along with I.A.No.10194/11, the petitioner has produced Exhibit P12, a reply to the show cause notice informing the 2nd respondent that the 4th respondent has already been reinstated and the copy of the order has also been produced along with it. 5. It is pointed out by the learned counsel for the petitioner that the order Exhibit P7 passed by the Government in the revision petition is under challenge in W.P.(C)No.12870/11. It is also submitted that Exhibit P8 is the interim order staying further action against the petitioner in that Writ Petition. 6. Evidently, the show cause notice was issued prior to the issuance of the order reinstating the 4th respondent. The date of the show cause notice is 24.5.2011 and the order reinstating the 4th respondent is on 31.5.2011. W.P.(C)No. 16410/11 -3- 7. Therefore, the petitioner may have to appraise the 2nd respondent itself if reasons are there for withdrawing the show cause notice. 8. The learned counsel for the petitioner submitted that the petitioner apprehends action under Rule 7 of Chapter III of the KER as the same is mentioned in the show cause notice. 9. The 2nd respondent will take a decision in the matter only after hearing the petitioner. The 4th respondent also will be issued notice in the matter before a decision is taken. Appropriate decision will be taken within a period of four months from the date of receipt of a copy of this judgment. Action, if any, under Rule 7 of Chapter III of KER will not be initiated against the petitioner in the meanwhile. The Writ Petition is accordingly disposed of. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 2nd respondent for compliance. No costs. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn