IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 OP.No. 13778 of 2001(M) ---------------------------------- PETITIONER: ------------------- TRESA ANTONY, JOE VILLA, PALLITHODE.P.O., CHERTHALA. BY ADV. MR.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. SECRETARY, COUNCIL FOR INDIAN SCHOOL, CERTIFICATE EXAMINATION, NEW DELHI. 2. MANAGER, PUBLIC SCHOOL, PATTANAKKAD. R2 BY ADVS. MR. JULIAN XAVIER, MR.FIROZ K.ROBIN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:9 O.P. NO. 13778/2001-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ENQUIRY REPORT DTD. 02/11/2000 SIGNED BY ENQUIRY OFFICER. EXT.P.2: COPY OF THE LETTER ISSUED BY ENQUIRY OFFICER TO THE PETITIONER DT. 06/11/2000. EXT.P.3: COPY OF THE ORDER PASSED BY R.2. DT. 05/12/2000. EXT.P.4: COPY OF THE APPEAL PETITION SUBMITTED BY PETITIONER BEFORE THE R.1. DT. 17/03/2001. EXT.P.5: COPY OF THE POSTAL RECEIPT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ------------------------- O.P No.13778 of 2001 -------------------------- Dated this the 5th January, 2010 J U D G M E N T The petitioner was a Hindi Teacher employed by the 2nd respondent in his school which is affiliated to the Council for Indian School Certificate Examination. She had 20 years of service with the 2nd respondent. Allegedly on false charges, disciplinary proceedings were initiated against the petitioner. An enquiry was conducted and the Enquiry Officer submitted Ext.P1 report finding the petitioner guilty of the misconduct. Based on Ext.P1 enquiry report, the 2nd respondent discharged the petitioner from service by Ext.P3 order. Petitioner filed Ext.P4 appeal before the 1st respondent. Having received no response from the 1st respondent, the petitioner has filed this original petition seeking the following reliefs. (i) Call for the records relating to Exts.P1 to P4 and to issue a writ of mandamus commanding the respondents 1 and 2 to order re-instatement of the petitioner to the school as Hindi Teacher with full back wages; (ii) to issue a writ of mandamus commanding the 1st respondent to conduct enquiry in Ext.P4 appeal and to allow the same by ordering re- O.P No.13778 of 2001 2 instatement of the petitioner; (iii) to issue a writ of mandamus commanding the 1st respondent to implement equal pay to the teachers working in 2nd respondent's school and to direct the 1st respondent to initiate action for not implementing the same". 2. I have heard both sides. 3. Admittedly the 2nd respondent is a private school. That school is not governed by any statutory rules like Kerala Education Rules. The school is not exercising any public function as such. Therefore, I am of opinion that this Court cannot grant any reliefs to the petitioner as against the 2nd respondent. 3. Of course, if the 2nd respondent has violated the affiliation bye-laws in the process of the disciplinary action, I could have directed the 1st respondent to take appropriate action against the 2nd respondent for such violation of the affiliation bye-laws. Petitioner does not, in the original petition, allege violation of any specific provision of the affiliation bye-laws. If the petitioner has got a case that she has been illegally terminated from service, the petitioner's remedy lies in approaching the Civil Court for O.P No.13778 of 2001 3 breach of contract of employment between the petitioner and 2nd respondent. In the above circumstances, I am of opinion that this original petition is not maintainable. Accordingly the original petition is dismissed. S.SIRI JAGAN, JUDGE ma O.P No.13778 of 2001 4 O.P No.13778 of 2001 5