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Kerala High Court
Muhammed Basheer C vs Suresh Kumar Kadavath on 10 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WA NO. 615 OF 2024
AGAINST THE ORDER DATED 11-04-2024 IN WP(C) NO.13309 OF
2024 OF HIGH COURT OF KERALA
APPELLANTS/5TH & 6TH RESPONDENT:
1 MUHAMMED BASHEER C
THE MANAGER, VVM HIGHER SECONDARY SCHOOL,
MARAKKARA P.O., MALAPPURAM 676553 NEW ADDRESS
(RESIDING AT CHOLAYIL (H), P. O. KOREKKAD,
KADAMPUZHA P. O., (VIA) MALAPPURAM DISTRICT,
PIN - 676 553.
2 R.V SASI
HST MALAYALAM, VVM HIGHER SECONDARY SCHOOL,
MARAKKARA P.O., MALAPPURAM 676553 NEW ADDRESS
RESIDING AT RAMAR (H) BALUSSERY P. O.,
KOZHIKODE DISTRICT, PIN - 673 612.
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
GOKUL R.NAIR
ANSALAM N.X.
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4:
1 SURESH KUMAR KADAVATH
AGED 51 YEARS, S/O. SANKARAN NAIR A.K,
HST MATHS (NOW IN CHARGE AS HEAD MASTER),
VVM HIGHER SECONDARY SCHOOL, MARAKKARA P.O.,
MALAPPURAM - 676 553 RESIDING AT KADAVATH HOUSE,
MARAKKARA P.O., MALAPPURAM, PIN - 676 553.
W.A No.615 Of 2024
-:2:-
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
3 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014.
4 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
DOWNHILL P.O., MALAPPUARM, PIN - 676 519.
5 THE DISTRICT EDUCATIONAL OFFICER
DISTRICT EDUCATIONAL OFFICE, TIRUR, MALAPPURAM,
PIN - 676 101.
BY ADV. SRI. BINOY CHANDRAN (GP)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A No.615 Of 2024
-:3:-
GOPINATH P. & SYAM KUMAR V.M., JJ.
------------------------------------------------------------
W.A No. 615 of 2024
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Dated this the 10th day of May, 2024
JUDGMENT
The appellants are respondents Nos.5 and 6 in W.P.(C)No.13309/2024. This appeal has been filed challenging an interim order dated 11-04-2024 in W.P.(C)No.13309/2024, which directs that the 1st respondent herein (writ petitioner) may continue as headmaster of the VVM Higher Secondary School, Marakkara P.O., Malappuram district, till a decision is taken on a revision petition filed by the 1st respondent/writ petitioner.
2. It is the specific case of the appellants that, by the order marked as Ext.P12 in the writ petition (which is dated 27-03-2024), the appointment of the 2nd appellant as Headmaster of the School was approved by the W.A No.615 Of 2024 -:4:- Educational Authorities, and he assumed charge, as such, on 30-03-2024. W.P.(C)No.13309/2024 is dated 30-03-2024 and came up for consideration before this Court on 01-04-2024. On 01-04-2024, an interim order was passed permitting the 1st respondent/writ petitioner to continue in charge of the post of Headmaster till 08-04-2024. It is thereafter that the order dated 11-04-2024 has been passed, continuing such interim arrangement.
3. Sri. George Poonthottam., the learned Senior Counsel appearing for the appellants, on the instructions of Adv. Muhamood T.T., would strenuously urge that since the 2nd appellant had already assumed charge on 30-03-2024, the learned Single Judge ought not to have issued the order dated 11-04-2024 permitting the 1st respondent/writ petitioner to continue as Headmaster.
4. When this writ appeal came up for consideration before a Division Bench on 25-04-2024, this Court passed the following order:
"The bone of contention at this point is whether W.A No.615 Of 2024 -:5:- the appellant had assumed the charge of Headmaster on 30.03.2024, before the interim order was passed on 01.04.2024 and is now officiating as the Headmaster of the School.
The learned Government Pleader shall get specific instructions regarding this aspect from the departmental authorities concerned, who shall furnish such instructions after verification of the records.
Post on 30.04.2024".
Thereafter, the matter came up for consideration on 30-04-2024, on which date this Court passed the following order:
"Learned Senior Government Pleader Sri.Gopinathan affirms that the second appellant assumed office as Head Master on 30.03.2024 F.N. Adv.Silpa Sreekumar, representing Sri.P.Nandakumar - learned counsel appearing for the first respondent, sought time to verify.
List on 03.05.2024".
It is clear from the proceedings dated 30-04-2024 that the 2nd appellant had assumed charge as Headmaster on 30-03-2024 following Ext.P12 order dated 27-03-2024. W.A No.615 Of 2024 -:6:-
5. Though the learned counsel appearing for the 1st respondent/writ petitioner would vehemently contend that the 2nd appellant is not qualified to be appointed as Headmaster and would further contend that the minority status of the School is itself in dispute, we are of the view that those are matters to be considered in the writ petition.
6. As on 01-04-2024, the 2nd appellant had already assumed charge as Headmaster and therefore, there could not have been an order permitting the 1 st respondent/writ petitioner to continue as Headmaster. We are therefore of the view that the interim order dated 11-04-2024 in W.P.(C)No.13309/2024 permitting the 1st respondent/writ petitioner to continue as Headmaster is liable to be set aside. We do so.
7. We make it clear that we have not expressed any opinion on the merits of the contentions taken by the 1 st respondent/writ petitioner regarding the qualifications of the 2nd appellant, as also regarding the minority status of the institution. These are matters to be decided in W.A No.615 Of 2024 -:7:- W.P.(C)No.13309/2024. We also make it clear that the appointment and approval of the 2nd appellant will always be subject to the final orders to be passed in W.P.(C)No.13309/2024.
Writ appeal is ordered accordingly.
Sd/-
GOPINATH P. JUDGE Sd/-
SYAM KUMAR V.M. JUDGE ats W.A No.615 Of 2024 -:8:- APPENDIX OF WA 615/2024 APPELLANTS' ANNEXURES Annexure I TRUE COPY OF THE APPOINTMENT ORDER DATED 10- 09-2021 ISSUED BY THE 1ST APPELLANT, APPOINTING THE 2ND APPELLANT AS HEADMASTER OF THE SCHOOL