Kerala High Court
Mini Joseph vs State Of Kerala on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.11750 OF 2020(P)
PETITIONER:
MINI JOSEPH, AGED 50 YEARS, W/O. ADV. WILBER BASTIAN,
HEADMISTRESS IN CHARGE, C.H. MUHAMMED KOYA MEMORIAL
HIGHER SECONDARY SCHOOL, KAVUMPADI IN KANNUR
DISTRICT, RESIDING AT KEZHAKKETHAYYIL HOUSE,
ULIKKAL(P.O) DISTRICT, PIN 670705.
BY ADV. SHRI.T.K.AJITH KUMAR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANTHAPURAM, PIN-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, PIN-670001.
4 THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY, KANNUR DISTRICT, PIN-670101.
5 SECRETARY, GOVERNMENT OF KERALA, INDUSTRIES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
6 P.P. MUHAMOOD, AGED 62 YEARS, S/O.KOYA, LAILA MANZIL,
KUNHIPALLY, KOTTALI P O, KANNUR DISTRICT, PIN-670005.
7 A.P.KUNHAMMED, AGED 73 YEARS, S/O.MOIDEEN HAJI,
GENERAL SECRETARY, C.H. MUHAMMED KOYA MEMORIAL
EDUCATION DEVELOPMENT COMMITTEE, KAVUMPADY,
THILLANKERI P O, KANNUR DISTRICT, RESIDING AT
CHIKIAT HOUSE, KAVUMPADY, THILLANKERI P O,
KANNUR DISTRICT.
*8 T.MAJEED, S/O. KUNHAMU HAJI, AGED 58 YEARS, BAITH UL
FALAH, THILLANKERI P.O., IRITTY TALUK, KANNUR
DISTRICT-670 702
WPC 11750/20&8479/21
2
(ADDITIONAL R8 IS IMPLEADED AS PER THE ORDER DATED
19.11.2020 IN I.A.1/2020 IN WP(C)11750/2020.)
BY ADVS.
SRI.K.T.SIDHIQ
SRI.GOKUL DAS V.V.H.
SRI.R.SURENDRAN
KUM.S.MAYUKHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH WP(C).8479/2021(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WPC 11750/20&8479/21
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.8479 OF 2021(H)
PETITIONER:
T.MAJEED, AGED 58 YEARS, S/O KUNHAMU HAJI,
MANAGER OF C.H.MUHAMMAD KOYA MEMORIAL HIGHER
SECONDARY SCHOOL, KAVUMPADY, THILLANKERI P.O,
PIN-670702, RESIDING AT BAITH UL FALAH,
THILLANKERI P.O, IRITTY TALUK,
KANNUR DISTRICT, PIN-670702.
BY ADVS.
SRI.R.SURENDRAN
KUM.S.MAYUKHA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY EDUCATIONAL DISTRICT, THALASSERY,
KANNUR DISTRICT, PIN-670101.
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH WP(C).11750/2020(P), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WPC 11750/20&8479/21
4
JUDGMENT
Though the reliefs sought for in these
Writ Petitions are not analogous, they require
to be heard together because any prayer to be
acceded to in one, will depend upon and adhere
to the reliefs to be granted in the other.
2. W.P(C)No.8479/2021 has been filed by
Sri.T.Majeed, who claims to be the elected
Manager of 'C.H.Muhammad Koya Memorial Higher
Secondary School', Kannur, and he says that he
has preferred Ext.P6 application, as also
Ext.P9 reminder, before the 3rd respondent-
District Educational Officer(DEO), to approve
him as such under the provisions of the Kerala
Education Rules (KER for short).
3. Before this Writ Petition has been
filed, the petitioner in W.P(C)No.11750/2020,
Smt.Mini Joseph, approached this Court
asserting that she has been working as the
WPC 11750/20&8479/21
Headmistress -in-Charge of the school in
question, along with the additional charge of
a High School Teacher and that this is
creating a large amount of burden on her. She
impels the specific contention that since she
has been continuing as the Headmistress-in-
charge from the year 2018, she is deserving to
be directed to be promoted to the said post
substantively and salary paid to her in the
scale of pay of Headmistress from 01.05.2018,
when she assumed additional charge of the said
post.
4. The common facts involved in these
cases would show that there were certain
disputes between the persons in management of
the society-educational agency which owns the
school; and Sri.T.Majeed now asserts that he
had been validly selected by the said society.
Obviously, therefore, until and unless the DEO
decides who the Manager of the school is, it
WPC 11750/20&8479/21
may not be possible for this Court to direct
the appointment of Smt.Mini Joseph as the
Headmistress particularly because, it is
admitted that the school in question is a
minority education institution.
5. I am, therefore, of the view that the
applications of Sri.T.Majeed, namely Exts.P6
and P9, must be directed to be considered by
the DEO within a time frame, so that once a
proper Manager is thus approved, then the said
Authority can be directed to consider the
appointment of Smt.Mini Joseph as Headmistress
of the school.
6. Perhaps, discerning my mind as afore,
the learned Senior Government Pleader -
Sri.P.M.Manoj, submitted that there does not
appear to be any legal impediment in the
applications of Sri.T.Majeed being considered
by the DEO; but prayed that this Court may not
make any affirmative declarations on his
WPC 11750/20&8479/21
entitlement to any relief and leave it to the
competent Authority to take an appropriate
decision thereon. He added that once the
Manager is thus approved for the school, the
said Authority can decide as to who should be
its Headmistress, taking note of the claim of
Smt.Mini Joseph also.
7. I find substantial force in the
submissions of the learned Senior Government
Pleader and am of the opinion that these Writ
Petitions can be disposed of as suggested by
him.
Resultantly, W.P(C)No.8479/2021 is allowed
and the 3rd respondent-DEO is directed to take
up Exts.P6 and P9 applications of Sri.T.Majeed
and dispose them of, after affording him and
any other person who may be interested, an
opportunity of being heard - either physically
or through video conferencing - thus
culminating in an appropriate order thereon,
WPC 11750/20&8479/21
as expeditiously as is possible, but not later
than two months from the date of receipt of a
copy of this judgment.
Once the afore exercise is completed, the
person who is approved as the Manager of the
school will thereupon consider the claim of
Smt.Mini Joseph for being appointed as the
Headmistress of the school, in terms of the
applicable provisions of the KER; and this
shall be done by the said Authority within a
period of two months from the date on which he
assumes office.
However, since Smt.Mini Joseph has been
working as Headmistress-in-charge from
01.05.2018, the DEO will also consider if she
can be paid salary and remuneration attached
to the said post from that date, until she
continues in such office. This shall be done
along with exercise, as ordered in
W.P(C)No.8479/2021, is completed.
WPC 11750/20&8479/21
These writ petitions are thus ordered.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 11750/20&8479/21
APPENDIX OF WP(C) 11750/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER
B7/4838/201/KDS DATED 2.6.2018
PASSED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER B7/5868/2018
DATED 10.07.2018 THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.B7/9485/17
DATED 31.05.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.E.M.
(4)/42444/2018/D.P.I./K.DIS DATED
13.08.2018 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF THE
PETITIONER FOR PASSING THE
DEPARTMENT TEST.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF THE
PETITIONER FOR PASSING THE
DEPARTMENT TEST.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION
DATED 26.03.2018 SUBMITTED BEFORE
THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
1.8.2019 SENT BY THE 4TH RESPONDENT
TO THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED
18.06.2018 IN WP(C) 30583/18.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R8(a) TRUE COPY OF THE CERTIFICATE DATED
9-10-2012 ISSUED BY THE CHAIRMAN,
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS.
WPC 11750/20&8479/21
EXT.R6(A) TRUE COPY OF THE JUDGMENT DATED
09.10.2020 IN WPC 30583/2018
EXT.R6(B) TRUE COPY OF THE ORDER DATED
27.11.2020 BEARING
NO.E.M..4/9002/2020/DGE/K.DIS PASSED
BY THE ADDITIONAL DIRECTOR (GENERAL)
OF EDUCATION.
EXT.R6(C) TRUE COPY OF THE LIST OF OFFICE
BEARERS APPOINTED IN THE
C.H.MUHAMMAD KOYA MEMORIAL EDUCATION
DEVELOPMENT COMMITTEE, KAVUMPADY
EXT.R6(D) TRUE COPY OF THE LETTER ISSUED TO
THE 4TH RESPONDENT SEEKING APPROVAL
OF THE RESOLUTION DATED 17.01.2021
OF THE C.H.MUHAMMAD KOYA MEMORIAL
EDUCATION DEVELOPMENT COMMITTEE,
KAVUMPADY
WPC 11750/20&8479/21
APPENDIX OF WP(C) 8479/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COVERING LETTER DARTED
7/11/2012 AND ACCOMPANYING CERTIFICATE
ISSUED BY THE NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTION.
EXHIBIT P2 TRUE COPY OF ORDER DATED 31.05.2018 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF ORDER DATED 13.08.2018 ISSUED
BY THE DIRECTOR OF PUBLIC INSTRUCTIONS.
EXHIBIT P4 TRUE COPY OF ORDER DATED 30.07.2020 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 9.10.2020 IN
WPC NO. 30583 OF 2018 OF HIGH COURT OF
KERALA.
EXHIBIT P6 TRUE COPY OF APPLICATION DATED 20.10.2020
SUBMITTED BEFORE THE THIRD RESPONDENT FOR
APPROVAL OF MANAGER.
EXHIBIT P7 TRUE COPY OF ORDER
NO.E.M.4/9002/2020/DGE/K.DIS DATED
27.11.2020, ISSUED BY THE SECOND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF LETTER BEARING
NO.B4/3579/K.DIS DATED 17.11.2020,
RETURNING THE APPLICATION AS DEFECTIVE.
EXHIBIT P9 TRUE COPY OF COVERING LETTER DATED
14.1.2021 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT.
