IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 53 of 2011(F) ----------------------------------- PETITIONER(S): ----------------------- 1. V.M. PADMAKUMARI, PRINCIPAL, RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, ARTS AND SCIENCE COLLEGE P.O., KOZHIKODE- 673 018. 2. G. MANOJKUMAR, H.S.S.T (MALAYALAM), RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, ARTS AND SCIENCE COLLEGE P.O., KOZHIKODE-673 018. BY ADV. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SMT.DHANYA CHANDRAN, SRI.T.S.SHYAM PRASANTH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, TRIVANDRUM-695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE-673 003. 4. THE MANAGER, RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, ARTS AND SCIENCE COLLEGE P.O., KOZHIKODE-673 018. WP(C).No. 53 of 2011(F) 5. SHRI.BALAKRISHNAN KUTTIKATTIL, H.S.S.T (SANSKRIT), RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, ARTS AND SCIENCE COLLEGE P.O., KOZHIKODE-673 018. R1 TO R3 BY GOVT. PLEADER SMT.NISHA BOSE. R4 BY ADV. SRI.SRINATH GIRISH, SRI.E.NARAYANAN. R5 BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, ALONG WITH WP(C) NO. 394 OF 2011, THE COURT ON 26/07/2011 DELIVERED THE FOLLOWING: rs WP(C).No. 53 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER GIVEN BY THE PETITIONERS AND 5TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P2: COPY OF THE JOINING REPORT OF THE PETITIONERS AND THE 5TH RESPONDENT. EXT.P3: COPY OF THE ORDER NO.ACD.A3/20431/HSE/05 DATED 23/02/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE SENIORITY LIST AS ON 31/03/2009 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE ORDER NO.A2/3936/09 DATED 19/09/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE ORDER NO.A2/3936/09 DATED 03/11/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P7: COPY OF THE ORDER NO.ACD.SPC.5/66446/HSE/09 DATED 04/03/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE ORDER NO.A2/3936/09 DATED 23/04/2010 ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE ARGUMENT NOTE SUBMITTED ON BEHALF OF THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 01/10/2010. EXT.P10: COPY OF THE G.O.(RT) NO.5595/2010/G.EDN. DATED 14/12/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE NOTIFICATION VIDE G.O.(P) NO.93/09/GI.E. DATED 27/03/2009 ISSUED BY THE GOVERNMENT. EXT.P12: COPY OF THE CIRCULAR NO.ACD./B1/11646/HSE/2003 DATED 17/07/2003 ISSUED BY THE GOVERNMENT. EXT.P13: COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 20/07/2010 VIDE NO.ACD.SPC./66446/HSE/09 BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE MINUTES OF THE MEETING. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 53/2011-F & 394/2011-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2011. JUDGMENT Both these writ petitions concern a common issue with regard to the approval to the post of Principal. The petitioners in W.P.(C) No.53/2011 are challenging Ext.P10 order passed by the Government and the petitioner in W.P.(C) No.394/2011 seeks implementation of the same. 2. Learned counsel for the petitioners in W.P.(C) No.53/2011 submitted that the order passed as Ext.P10 by the Government, cannot be supported in the light of the fact that a finding has been entered into therein against the approval of appointment of the first petitioner as HSST and finally a direction is issued to cancel the approval of the appointment as Principal. Even though no challenge was there regarding her approval of appointment as Higher Secondary School Teacher, a further direction is issued to revise the approval given already with effect from 28.8.2000. Accordingly, it is submitted that the order will have to be set aside. 3. The petitioners in W.P.(C) No.53/2011 were appointed as LPSA. Initially, the first petitioner was appointed as LPSA from 1.6.1988 and was promoted as H.S.A. from 1.6.1989. The second petitioner was also wpc 53 & 394/2011 2 appointed as LPSA from 6.6.1990 and she was regularly promoted as H.S.A. from 1.6.1999. The fifth respondent who is the petitioner in W.P. (C) No.394/2011 has continuous approved service as UPSA with effect from 1.6.1992 and he was promoted as H.S.A. on 7.6.1993. The school was upgraded as a Higher Secondary School from the academic year 2000- 2001. All of them were appointed as Higher Secondary School Teachers. As per Ext.P3 order passed by the Director of Higher Secondary Education, approval as Higher Secondary School Teachers was granted with effect from 28.8.2000. It is submitted that Ext.P3 has become final as nobody has challenged it. 4. The post of Principal became vacant on 1.4.2009 and the first petitioner in W.P.(C) No.53/2011, being the seniormost, was appointed as Principal. She continued upto 16.4.2009, but on 17.4.2009 the fifth respondent was appointed as Principal. This was taken up by the petitioners before the third respondent, who rejected approval as per Ext.P5. Thereafter, the first petitioner was appointed as Principal from 5.10.2009 which was approved as per Ext.P6 and the challenge made by the fifth respondent against the same, was rejected by the second respondent by Ext.P7 order produced in W.P.(C) No.53/2011. Finally, approval was granted to the first petitioner's appointment as Principal as per Ext.P8 order, wpc 53 & 394/2011 3 against which the fifth respondent filed a revision petition before the Government. 5. It is pointed out that the parties were heard and all arguments were placed also. A reading of Ext.P10 order shows that thereafter the Government called for a report from the Director of Higher Secondary Education after conducting an enquiry and the Joint Director (Academic) furnished a report. Based on the said report, the present order, Ext.P10 is passed by the Government. 6. A reading of Ext.P10 Govt. Order produced in W.P.(C) No.53/2011 shows that the Government entered findings against the first petitioner's approval as Higher Secondary School Teacher and thus ordered revision of the order of approval. Regarding this aspect, evidently, the parties have not been heard. It is axiomatic that any order causing adverse civil consequences to a party, shall be passed only in compliance with the principles of natural justice. It is also well settled that when an adverse material is relied upon, the same should be put to the party against whom it is relied upon and the party should be given opportunity for submitting objections with respect to the said material. Evidently, the Government Order does not show that the copy of the report was furnished to the parties before the Government and a further hearing was done thereafter. Going wpc 53 & 394/2011 4 by the averments in the writ petitions the revision petition was heard on 1.10.2010 and a detailed argument note was submitted by the first petitioner in W.P.(C) No.53/2011, as per Ext.P9. 7. When admittedly, the further report was called for after the hearing was over, a fresh opportunity of being heard, should have been given to the parties concerned. Since the order suffers from non compliance of the principles of natural justice, the same cannot survive. 8. Therefore, Ext.P10 order in W.P.(C) No.53/2011 which is produced as Ext.P11 in W.P.(C) No.394/2011 is quashed. There will be a direction to the Government to hear all the parties afresh after serving copies of the report submitted by the Joint Director (Academic). A fresh order will be passed in accordance with law, within a period of five months from the date of receipt of a copy of this judgment, in the light of the observations and findings contained in this judgment. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/