IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 21403 of 2010(A) -------------------------- PETITIONER(S): --------------- DR.K.LEKSHMANAN NADAR,PRINCIPAL, M.C.HIGHER SECONDARY SCHOOL,KOTTUKALKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR SRI.ROBIN JOSE SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, M.C.HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, THIRUVANANTHAPURAM. BY G.P.SRI.DILIP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21403 of 2010 ---------------------------------------- Dated 16th July, 2010 JUDGMENT The petitioner is working as Principal in Mutharamman Coil Higher Secondary School, Kottukalkonam , Thiruvananthapuram. This writ petition has been filed challenging Ext.P4 whereby the third respondent placed the petitioner under suspension. According to the petitioner, Ext.P4 is liable to be quashed as it is infected with illegalities. The further prayer of the petitioner is for issuance of a writ of mandamus commanding the third respondent not to interfere with the management of the school till he is properly appointed as per the permission of the District Court, as directed by this Court in A.S.No.615/200, in the suit pending before the District Court, Thiruvananthapuram. In view of the order I propose to pass in this writ petition, I do not think it necessary to go into the merits of the aforesaid contentions. 2. Government have issued G.O.(MS)No.235(1)2009/ G.Edn. dated 5.12.2009. The relevant portion of the said Government order reads as follows: “2. In the circumstances, it is hereby ordered that the Government shall have disciplinary power over the teaching and non-teaching staff of Aided Higher Secondary Schools in the State. The provisions in the Kerala Education Rules in so far as it relates to disciplinary proceedings against the teaching and non- WP(C).No.21403/2010 2 teaching staff of Aided Schools, shall apply mutatis mutandis to the teaching and non-teaching staff of Aided Higher Secondary Schools also.” The provisions under Rule 67 of Chapter XIV-A of the Kerala Education Rules is thus made applicable to the Aided Higher Secondary Schools by virtue of the Government order dated 5.12.2009. It provides a remedy to the petitioner to assail Ext.P4. In the said circumstances, liberty is given to the petitioner to resort to the remedy available under Rule 67 of Chapter XIV-A of the Kerala Education Rules to approach the competent authority, viz. the first respondent, raising grievances against Ext.P4 within a period of 10 days from the date of receipt of a copy of this judgment. In case the petitioner prefers such a petition raising his grievances against Ext.P4, within the aforesaid time limit, the first respondent shall look into the same and pass appropriate orders thereon within a period of three weeks. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS