IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 22901 of 2011(K) -------------------------------- PETITIONER(S): ------------------ 1. ANITHA VASANTH.P.V., HEADMISTRESS, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 2. SUNITHA VASANTH.P.V., HSA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 3. T.R.MAHESH KUMAR, HSA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 4. USHAKUMARI.B.S., HSA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 5. PREETHA.T.L., HSA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 6. SHEEBA KUMARI.P.S., HSA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 7. SARASWATHI PILLAI.S., NON VOCATIONAL TEACHER (COMMERCE), VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 8. OMANAKUTTAN PILLAI, FTM, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. WP(C).No. 22901 of 2011(K) -2- 9. SUNIL P.THOMAS, CLERK, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 10. K.MANI, PEON, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 11. G.GOPAKUMAR, PEON, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 12. C.S.JAYASANKAR, LTA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. 13. C.V.PRAVEENKUMAR, LTA, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM-691 001. 2. THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA-691 506. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA-691 506. 4. SUB INSPECTOR OF POLICE, PUTHOOR POLICE STATION, KOLLAM DISTRICT, PIN-691 507. 5. SMT.OMANA SREERAM, MANAGER, VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT-691 513. RESIDING AT:- 'SREERAM', IDAKKIDAM (PO), EZHUKONE, KOTTARAKKARA-691 505. WP(C).No. 22901 of 2011(K) -3- 6. SINDHU PRABHAKAR.S., VOCATIONAL HIGHER SECONDARY SCHOOL TEACHER(C.C.&M) (ACTING AS PRINCIPAL-IN-CHARGE), VHSS KUZHIKAL EDAVAKA, PANGODE, KARIMBINPUZHA (PO), KOTTARAKKARA, KOLLAM DISTRICT-691 513. 7. BINEESH @ CHOTTU, S/O.ASHOKAN, RESIDING AT HOMEODAN VEEDU, IDAKKIDAM (PO), EZHUKONE, KOLLAM DISTRICT-691 505. 8. BILA HARI, S/O.SUNDARESHAN, PETTIKKUNNU CHARUVILA VEEDU, IDAKKIDAM (PO), EZHUKONE, KOLLAM DISTRICT-691 505. ADV. SRI.A.N.RAJAN BABU FOR R5 & 6 SRI.P.GOPALAKRISHNAN (MVA) GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22901 of 2011(K) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE KERALA WOMEN COMMISSION. EXT.P2:- TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT ON 29/03/11. EXT.P3:- RUE COPY OF THE COMPLAINT DT.25/05/11 FILED BEFORE THE DEO, KOTTARAKKARA. EXT.P4:- TRUE COPY OF THE MINUTES OF CLASS PTA MEETING DT.29/07/11. EXT.P5:- TRUE COPY OF THE REPRESENTATION DATED 11/08/11 BY THE PTA. EXT.P6:- TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DT.06/08/11. EXT.P7:- TRUE COPY OF THE COMPLAINT DT.09/01/10 FILED BEFORE THE DEO, KOTTARAKKARA. EXT.P8:- TRUE COPY OF THE STATEMENT DT.17/08/11. EXT.P9:- TRUE COPY OF THE REPRESENTATION DT.17/08/11 AND ITS RECEIPT. EXT.P10:- TRUE COPY OF THE COMPLAINT DT.20/08/11 FLED BEFORE THE 2ND RESPONDENT. EXT.P11:- TRUE COPY OF THE JUDGMENT DT.27/01/10 IN WPC (NO.37627/09(W) DOWNLOADED FROM THE OFFICIAL WEBSITE. EXT.P12:- TRUE COPY OF the NEWS ITEM DT.19/08/11 APPEARED IN MALAYALA MANORAMA DAILY. EXT.P13:- TRUE COPY OF THE NEWS ITEM DT.18/08/11 APPEARED IN DESHABHIMANI DAILY. EXT.P14:- TRUE COPY OF THE COMPLAINT DT.30/11/09 TO THE PRINCIPAL. EXT.P15:- TRUE COPY OF THE LETTER SIGNED BY THE MANAGER. EXT.P16:- TRUE COPY OF THE DECISION DT.27/08/09. EXT.P17:- TRUE COPY OF THE DEMAND DRAFT. EXT.P18:- TRUE COPY OF THE RECEIPT FOR THE SAID 33,000/- EXT.P19:- TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGER TO THE ADDL. CHIEF SECRETARY DATED 10/03/10. WP(C).No. 22901 of 2011(K) EXT.P20:- TRUE COPY OF THE PHOTOCOPY OF THE ACCIDENT REGISTER-CUM- WOUND REGISTER DATED 17/08/11. EXT.P21:- TRUE COPY OF THE TREATMENT CERTIFICATE. EXT.P22:- TRUE COPY OF THE SUSPENSION ORDER NO.A4/HM/DISC-2/2011 DATED 22/08/11. EXT.P23:- TRUE COPY OF THE MEMO OF THE CHARGES NO.A4/HM/DISC-2/2011 DATED 26/08/11. EXT.P24:- TRUE COPY OF THE ORDER NO.B4/14597/2011 DATED 03/09/11 BY THE DEPUTY DIRECTOR (EDUCATION), KOLLAM. EXT.P25:- TRUE COPY OF THE MEMO NO.A5/TCHR/DISC-1/2011 DATED 02/09/11 BY THE 5TH RESPONDENT TO THE 2ND PETITIONER. EXT.P26:- TRUE COPY OF THE ORDR NO.B4/14597/2011 DATED 27/09/11. EXT.P27:- TRUE COPY OF THE PHOTOGRAPH. RESPONDENTS' EXTS EXT.R5(a):- A TRUE COPY OF THE JUDGMENT OF THIS HON. COURT IN WPC NO.13979/10. EXT.R5(b):-A TRUE COPY OF THE LETTER NO.B4/22801/09 DATED 28/07/11. EXT.R5(c):-A TRUE COPY OF THE INSPECTION REPORT OF THE FINANCE INSPECTION WING. EXT.R5(d):-A TRUE COPY OF THE ACCIDENT CUM WOUND REGISTER. WP(C).No. 22901 of 2011(K) EXT.R5(e):-A TRUE COPY OF THE TREATMENT CERTIFICATE DATED 19/08/11 BY P.HARINDERA BABU ENT CONSULTANT AND SURGEON. EXT.R5(f):-A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19/08/11 ISSUED BY THE MEDICAL OFFICER IN CHARGE TALUK HOSPITAL KOTTARAKKARA. EXT.R5(g):-A TRUE COPY OF THE STATEMENT GIVEN BY 5TH RESPONDENT BEFORE THE ASI PUTHOOR POLICE STATION. EXT.R5(h):-A TRUE COPY OF THE COMPLAINT GIVEN BY THE 5TH RESPONDENT BEFORE THE SUPERINTENDENT OF POLICE, KOTTARAKKARA. EXT.R5(i):-A TRUE COPY OF THE MEMO OF CHARGES DATED 30/03/10 ISSUED AGAINST THE 1ST PETITIONER. WP(C).No. 22901 of 2011(K) EXT.R5(j):-A TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE KERALA VANITHA COMMISSION ON 28/08/10. EXT.R5(k):-A TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE PUTHOOR ON 23/02/11. EXT.R5(l):-A TRUE COPY OF THE COMPLAINT FILED BY 5TH RESPONDENT DATED 15/07/11. EXT.R5(m):-A TRUE COPY OF ANOTHER COMPLAINT DATED 15/07/11 TO THE SUB INSPECTOR OF POLICE. EXT.R5(n):-A TRUE COPY OF THE COMPLAINT FILED BY PTA PRESIDENT N.PRATHAP KUMAR ON 23/02/11. EXT.R5(o):-A TRUE COPY OF THE STATEMENT OF SUNITHA MOL DATTED 13/12/10. EXT.R5(p):-A TRUE COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DATED 25/02/11. EXT.R5(q):-A TRUE COPY OF THE COMPLAINT SEND BY PTA PRESIDENT PRATHAP KUMAR ON 30/06/11 TO THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.R5(r):-A TRUE COPY OF THE COMPLAINT DATED 18/06/11 SENT BY PTA PRESIDENT AND PRESIDENT OF GRAMA PANCHAYATH. EXT.R5(s):-A TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 21/06/11. EXT.R5(t):-A TRUE COPY OF THE REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 26/08/11. EXT.R5(u):- A TRUE COPY OF THE SUSPENSION ORDER NO.A4/HM/DISC-2/2011 DATED 22/08/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.22901 of 2011 ------------------------------------------------ Dated this the 30th day of September, 2011 JUDGMENT Abdul Rehim, J The petitioners are the Head Mistress, teachers and staff members working at the High School section and Vocational High Secondary Section of the VHS School, Kuzhikal Edavaka, Pangode. The petitioners are seeking directions to respondents 1 to 4, to provide adequate police protection to their lives and for peaceful discharge of their official duties at the school, without there being any threat, intimidation or attack from respondents 5 to 8 or their henchmen. Respondent No.5 is the Manager of the said School. Respondent No.6 is a teacher in the Vocational Higher Secondary section. Respondent Nos.7 and 8 are allegedly henchmen of the 5th respondent. 2. Elaborate narration of various incidents of harassment, threat and intimidation from the side of the 5th W. P. C. No.22901 of 2011 -2- respondent and her men is made in this Writ Petition. Various exhibits are also produced in support of the contentions. The respondents 5 & 6 in their counter affidavit had denied those allegations and countered the same with various factual averments, supported by different exhibits. But, we are not proposing to mention any details of such allegations and counter allegation in this judgment, because we are in a position to dispose of the Writ Petition in a manner giving redressal to the grievances, even otherwise. 3. According to the petitioners, the 5th respondent Manager is taking a vindictive attitude against the teachers and staff and she is creating all sort of harassments, threat and intimidation, preventing them from peacefully discharging the duties in the school in a congenial atmosphere. In the counter affidavit filed on behalf of respondents 5 and 6, all the allegations are refuted. It is mentioned that disciplinary action is pending against the 1st petitioner and all the trouble is created only by the petitioners since they are not happy with the 5th respondent W. P. C. No.22901 of 2011 -3- took charge as Manager of the school. Through a reply affidavit, the petitioners had denied all the allegations raised in the counter affidavit. 4. When the Writ Petition came up for consideration on 23/08/11, we directed the 2nd respondent, Superintendent of Police, Kollam (Rural) to make a visit to the school on any working day in order to evaluate the situation prevailing, and to take proper steps to ensure smooth and peaceful conduct of examinations in the school (Onam Examination). It is also directed that the 1st respondent should make enquiries about presence of respondents 7 and 8 in the school premises and if it is found that those respondents are present in the premises without any justification appropriate steps shall be taken to ensure that they do not meddle with affairs of the school. 5. Smt.C.M.Charisma, learned Government Pleader, on the basis of the instructions received, submitted that the visit conducted by the 2nd respondent revealed that the school is running in a smooth manner, at present. It is W. P. C. No.22901 of 2011 -4- revealed that there exists disputes and difference of opinion between the petitioners on the one side and the 5th respondent Manager on the other side. It is also revealed that disciplinary action taken against the 1st petitioner is pending adjudication before the competent authorities under the Education Department. It is also submitted by learned Government Pleader that, with respect to various incidents of violence reported, 4 criminal cases have already been registered. The parties on both sides are accused in different cases. 6. Considering the situation as narrated above, as well as the rival contentions raised at the Bar, we are of the opinion that the jurisdiction vested on this court in dealing with this Writ Petition, is limited to the extent of affording protection for the smooth running of the school. We make it clear that any proceedings of disciplinary action initiated can be agitated by the parties concerned before the appropriate authorities. So also the petitioners are at liberty to approach the appropriate authorities of the Education Department or W. P. C. No.22901 of 2011 -5- the Government, regarding the allegations and complaints against the 5th respondent. We also make it clear that the police authorities are at liberty to pursue investigation of the cases already registered. But we are of the firm opinion that the rift existing between the petitioners and the 5th respondent shall not be permitted to lead to a situation where the academic career of the students studying in the school is put to prejudice. 7. Therefore, we direct the respondents 2 to 4 to take all necessary and effective steps to ensure that functioning of the school and conduct of classes is not hindered and working of the teachers and staff therein is not obstructed in any manner. The said respondents will ensure that no persons from outside is entering the premises of the school without any reasonable cause. It is to be ensured that the teaching and non-teaching staff is permitted to work without being obstructed in any manner, as long as they continue in the service of the school. 8. However, we make it clear that the direction issued W. P. C. No.22901 of 2011 -6- above will not stand in the way of appropriate authorities under the Education Department from proceedings with any actions as contemplated under the relevant statutes. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-