IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 31634 of 2010(D) PETITIONER: MANAGER, ST.JOHN'S SYRIAN, HIGHER SECONDARY SCHOOL, VADAKARA, OILIYAPPURAM PO, KOOTHATTUKULAM ERNAKULAM DISTRICT 686679. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SMT.DHANYA CHANDRAN RESPONDENTS: 1. STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT GENERAL EDUCATAION DEPARTMENT GOVT SECRETARIAT, TRIVANDRUM 695 001 2. THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KAKKANAD, ERNAKULAM 682 030. 3. SMT. BINDUMOL P.ABRAHAM. HEADMISTRESS (UNDER SUSPENSION)) ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL VADAKARA, OILIYAPPURAM PO, KOOTHATTUKULAM ERNAKULAM DISTRICT 686679,RESIDING AT KOZHIKKATTIL HOUSE, KARIMPANA PO, KOOTHATTUKULAM ERNAKULAM 686 662 4. SHRI SHAJU K.M, TEACHER IN CHARGE ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL VADAKARA, OILIYAPPURAM PO, KOOTHATTUKULAM ERNAKULAM DISTRICT 686679. R4 BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA FOR R4 SMT.M.G.AISHWARYA FOR R4 R3 BY ADV.SRI.V.A.MUHAMMED SRI.M.SAJJAD R1 AND R2 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010, ALONG WITH WPC NOS. 28565 & 31321 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.31634 OF 2010 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO.A.231/2010-11(1) DATED 29.7.2010 ISSUED BY THE PETITIONER. EXT.P2 TRUE COPY OF MEMO OF CHARGES ISSUED TO THE THIRD RESPONDENT BY THE PETITIONER VIDE NO.A-231/2010-11(2) DATED 29.7.2010. EXT.P3 TRUE COPY OF WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 11.8.2010 VIDE NO.A-237/2010-2011. EXT.P4 TRUE COPY OF ORDER NO.B1-194502010/K.DIS. DATED 11.8.2010 ISSUED BY THE SECOND RESPONDENT. EXT.P5 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.8.2010. EXT.P6 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.8.2010. EXT.P7 TRUE COPY OF COMPLAINT DATED 6.8.2010 SUBMITTED BY THE TEACHER IN CHARGE BEFORE THE PETITIONER. EXT.P8 TRUE COPY OF LETTER DATED 16.9.2010 SENT BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P9 TRUE COPY OF JUDGMENT DATED 17.8.2010 IN W.P.(C)NO.25819 OF 2010 OF THIS COURT. EXT.P10 TRUE COPY OF LETTER NO.55190/A1/2010/G.EDN. DATED 24.9.2010 ISSUED BY THE GOVERNMENT ADDRESSED TO THE DEO RECEIVED BY THE PETITIONER ON 4.10.2010. EXT.P11 TRUE COPY OF COVERING LETTER NO.A-241/2010-11 DATED 4.10.2010 TO THE FIRST RESPONDENT. EXT.P12 TRUE COPY OF ORDER DATED 16.9.2010 IN W.P.(C) NO.28565/2010 OF THIS COURT. EXT.P13 TRUE COPY OF PROCEEDINGS NO.55190/A1/2010/G.EDN. DATED 28.9.2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 10.1.2008. EXT.R3(b) TRUE COPY OF THE ORDER NO.B4/24087/08/D.DIS. OF THE DEPUTY DIRECTOR, DATED 11.3.2009. EXT.R3(c) TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 1.1.2008. W.P.(C) NO.31634 OF 2010 EXT.R3(d) TRUE COPY OF THE DECISION REPORTED IN 2008(4) KLT 60, DATED 15.7.2008. EXT.R3(e) TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.A.NO.2180/2008 DATED 17.11.2008. EXT.R3(f) TRUE COPY OF THE LETTER NO.VI-31502/04/DPI OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 29.6.2005. EXT.R3(g) TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK DATED 27.9.2007. EXT.R3(h) TRUE COPY OF THE ORDER NO.B4/6361/2006/L.DIS. OF THE DISTRICT EDUCATIONAL OFFICER, DATED 27.9.2007. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C).NOS.31634, 31321 & 28565 OF 2010 ------------------------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT Since common questions are involved in all these Writ Petitions, they were heard together and they are being disposed of by this common judgment. 2. W.P.(C) No.31634 of 2010 is filed by the Manager of St.John's Cyrian Higher Secondary School, Vadakara, challenging the order dated 28.9.2010 passed by the Government declining to grant stay in the Revision filed by the Manager against the order passed by the Deputy Director refusing to continue the suspension of the Headmaster beyond the period of fifteen days. W.P.(C) No.31321 of 2010 is filed by Bindumol P.Abraham, the Headmistress, who was suspended and who was directed to be reinstated as per the order dated 11.8.2010 passed by the Deputy Director of Education. Bindumol P.Abraham prays for implementing the order dated 11.8.2010. W.P.(C) No.28565 of 2010 is filed by W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 2 :: Shaju K.M., who was appointed as the teacher-in-charge when Bindumol P.Abraham was suspended. According to Shaju K.M., he is the senior-most teacher and therefore, he is entitled to be appointed as the Headmaster. 3. The Manager appointed Bindumol P.Abraham as the Headmistress on 1.1.2008. Bindumol P.Abraham was not the senior-most teacher. However, on the ground that the management is a minority educational institution, Bindumol P.Abraham was appointed even though she was not the senior-most teacher. Shaju K.M. did not challenge the appointment of Bindumol P.Abraham as the Headmistress. It is stated that Shaju K.M. was appointed as the teacher-in-charge even before Bindumol P.Abraham was appointed as the Headmistress. However, Shaju K.M. suffered a punishment of censure and therefore, he could not aspire for the Headmastership. That is not a matter for consideration in these Writ Petitions. 4. Bindumol P.Abraham was placed under suspension by the Manager as per the order dated 29.7.2010. The Manager reported W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 3 :: the matter to the educational authorities and prayed for permission to continue the suspension beyond fifteen days. The Deputy Director of Education passed the order dated 11.8.2010 directing the Manager to reinstate Bindumol P.Abraham forthwith. In the order dated 11.8.2010, the Deputy Director held thus: “On examining the allegations and findings, it is found that allegation 1,2,3 and 9 are found correct and all the other allegations leveled by the Manager are not proved. The undersigned is of the opinion that the proved allegations are not grave to keep the Headmistress under suspension beyond 15 days. Hence the Manager is directed to reinstate Smt.Bindumol P.Abraham forthwith and take appropriate action against the Headmistress according to the seriousness of the proved allegations.” 5. The Manager challenged the order passed by the Deputy Director of Education in Revision before the Government (Ext.P5 in W.P.(C) No.31634 of 2010). He also submitted an application for stay of operation and implementation of the order passed by the Deputy Director of Education. As per the judgment dated 17.8.2010 in W.P.(C) No.25819 of 2010 filed by the Manager, this Court W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 4 :: directed the Government to consider and dispose of the Revision as well as the stay petition. The Government rejected the prayer for stay, as per the order dated 28.9.2010 (Ext.P13 in W.P.(C) No.31634 of 2010). That order is challenged by the Manager in W.P.(C) No.31634 of 2010. As stated earlier, Bindumol P.Abraham seeks to get the order dated 11.8.2010 passed by the Deputy Director of Education implemented. Shaju K.M., who was appointed as teacher-in-charge, apprehended reversion on the basis of the order dated 11.8.2010 passed by the Deputy Director of Education and therefore, he filed W.P.(C) No.28565 of 2010, challenging the appointment and approval of Bindumol P.Abraham as the Headmistress and also for a declaration that Shaju K.M. is legally entitled to be promoted as Headmaster as he is the seniormost High School Assistant. 6. The Revision filed by the Manager against the order of the Deputy Director of Education is pending disposal. Learned Government Pleader submitted that the Revision was heard by the Government and orders are reserved. Since the Revision was heard on the merits and orders are reserved, at this point of time, I W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 5 :: do not think that the challenge against the order in the stay petition in the Revision deserves consideration. It is submitted by the learned Government Pleader that final orders will be passed expeditiously. In the facts and circumstances, I do not think any order is required in W.P.(C) No.31634 of 2010. The challenge against Ext.P13 order therein is rejected. 7. Since the Revision filed by the Manager against the order dated 11.8.2010 passed by the Deputy Director of Education is pending orders before the Government, at present, it is not necessary to pass any writ of mandamus to implement the order dated 11.8.2010 passed by the Deputy Director of Education. Reserving the right of Bindumol P.Abraham to move this Court again as and when occasion arises, W.P.(C) No.31321 of 2010 is closed. 8. In W.P.(C) No.28565 of 2010 filed by Shaju K.M., he challenges the order of appointment of Bindumol P.Abraham and the order of approval granted by the Deputy Director of Education. Bindumol P.Abraham was appointed on 1.1.2008. Approval of her appointment was declined by the District Educational Officer. W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 6 :: However, as per the order dated 11.3.2009, the Deputy Director of Education approved the appointment of Bindumol P.Abraham with effect from 1.1.2008. If Shaju K.M. is aggrieved by the approval of appointment of Bindumol P.Abraham, he has got statutory remedies. A Writ Petition cannot be entertained at his instance to challenge the appointment and approval of Bindumol P.Abraham at this distance of time. There is no explanation for the delay in challenging the order passed by the Deputy Director of Education. Shaju K.M. was appointed as teacher-in-charge consequent on the suspension of Bindumol P.Abraham. Now Bindumol P.Abraham is ordered to be reinstated as per the order dated 11.8.2010 passed by the Deputy Director of Education. That order is liable to be implemented. However, as mentioned above, since orders are reserved in the Revision filed by the Manager before the Government, no specific orders are passed in W.P.(C) No.31321 of 2010. That does not mean that Shaju K.M. is entitled to any relief in W.P.(C) No.28565 of 2010. Accordingly, W.P.(C) No.28565 of 2010 is dismissed subject to the right of the petitioner therein to challenge the appointment and/or approval of appointment of Bindumol P.Abraham before the appropriate forum in accordance with law. W.P.(C) NOS.31634, 31321 & 28565 OF 2010 :: 7 :: W.P.(C) Nos.31634 and 31321 of 2010 are closed and W.P. (C) No.28565 of 2010 is dismissed as indicated above. (K.T.SANKARAN) Judge ahz/