Hafsana.K.A vs State Of Kerala
2021 Latest Caselaw 4612 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.3335 OF 2021(N)


PETITIONER:

               HAFSANA.K.A.
               AGED 46 YEARS
               W/O. MUBARAK, AL-SAFA, KUPPAVILAKAM, EDAVA P.O.,
               THIRUVANANTHAPURAM DISTRICT, MANAGER,
               M.R.M.K.M.M.H.S.S., EDAVA, THIRUVANANTHAPURAM

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SMT.A.R.PRAVITHA
               SMT.D.S.THUSHARA
               SRI.H.PRAVEEN (KOTTARAKARA)
               SMT.T.V.NEEMA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

      2        DEPUTY DIRECTOR OF EDUCATION,
               KOCHAR RD, PAZHAYASALAI, VALIYASALAI,
               THIRUVANANTHAPURAM-695 036

      3        DISTRICT EDUCATIONAL OFFICER,
               ATTINGAL, NEAR GOVT. COLLEGE ATTINGAL, PIN-695 101

      4        K.S.ZACHARIA,
               AL-JAZEERA, ODAYAM, VARKALA P.O., PIN-6985 141

      5        K.S.ANSARI,
               ASALNA MANZIL, VADAKKEVILA P.O., KOLLAM,
               PIN-691 010

      6        K.A SURAYYA,
               KUPPAVILAKOM, EDAVA P.O.,
               THIRUVANANTHAPURAM,PIN-695 311

      7        K.A.SABEENA,
               AL-NAZ, VETTAKADA , EDAVA P.O.,
               THIRUVANANTHAPURAM,PIN-695 311
 WP(C).No.3335 OF 2021(N)

                               2


      8    K.A. HASEENA,
           KUPPAVILAKOM, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      9    K.A.THASNIYA
           KUPPAVILAKOM, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      10   K.A.HAFSA BEEVI,
           BAITH-AL-HAFAS, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      11   K.S.NAZIM,
           EAST ALAPURAM, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      12   K.S.YASSIR,
           M.R.COTTAGE, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      13   K.S. NAZEER
           ASHRAF GARDENS, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311

      14   K.A JASMIN,
           MAJU MANZIL, KUPPAVILAKOM, EDAVA P.O.,
           THIRUVANANTHAPURAM,PIN-695 311


OTHER PRESENT:

           SR GP NISHA BOSE

     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 09.02.2021,       THE COURT ON    THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.3335 OF 2021(N)

                                      3


                               JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following prayers:-

"i) To issue a writ of Certiorari or any other appropriate writ or order or direction calling for the records leading to Ext.P10 and quash the same;

ii) To issue a writ of mandamus or any other appropriate writ, direction or order permitting the petitioner as function as Manager, M.R.M.K.M.M.H.S.S, Edava, Thiruvananathapuram from 01.03.2021 to 28.02.2022."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. In view of the directions

being issued, notice to respondents 4 to 14 is dispensed

with.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the approved Manager of the

M.R.Muhammedkunju Memorial Muslim Higher Secondary

School, Edava. It is stated that Ext.P1 is the bye-law. By

Ext.P2, the petitioner was approved as Manager. Bye-laws

provide for approval of Manager by annual turn from among

the twelve persons mentioned therein. It is submitted that

though the petitioner had been approved as Manager of the WP(C).No.3335 OF 2021(N)

school, the former Manager and the Headmaster had not

handed over the records and that proceedings had to be

issued by the DEO. It is stated that since the term of

appointment of the petitioner was to expire on 28.02.2021

and since the entire academic year was practically lost due

to the pandemic, the petitioner had preferred Ext.P8 request

for extending the period of the petitioner's functioning as

Manager. It is stated that, by Ext.P9, three of the members

of the Managing Committee had supported the claim of the

petitioner. However, without issuing notice to the Managing

Committee members and without hearing any of the parties

including the petitioner, the request has been rejected by

Ext.P10.

4. The learned counsel for the petitioner submits that

in case notice is issued to the petitioner and other Managing

Committee members, a consensus can be arrived at and

that the issue is liable to be considered taking note of the

fact that there was no academic activity possible in the

previous year as well.

WP(C).No.3335 OF 2021(N)

5. Having heard the learned counsel for the

petitioner and the learned Government Pleader and in view

of the fact that a reading of Ext.P10 would show that no

notice had been issued to the petitioner or any of the other

members of the Managing Committee, I am of the opinion

that the issue is liable to be reconsidered with notice to the

parties.

6. Ext.P10 is, therefore, set aside. There will be a

direction to the 3rd respondent to consider Exts.P8 and P9

with notice to the petitioner as well as respondents 4 to 14

and to pass orders thereon within a period of two weeks

from the date of receipt of a copy of this judgment. The

petitioner shall produce a copy of this judgment before the

3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/09.02.20201 WP(C).No.3335 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BYE -LAW OF THE EDUCATIONAL AGENCY

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE DEO, ATTINGAL DATED 16.06.2020

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 30.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.B4/2330/2020/DEO DATED 7.7.2020 OF THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.B4/2330/2020/DEO DATED 10.12.2020 OF THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE NOTICE NO.20/2020/M DATED 13.7.2020 ISSUED BY THE PETITIONER TO THE HM IN -CHARGE

EXHIBIT P7 TRUE COPY OF THE SHOW CAUSE NOTICE NO.22/2020/M DATED 25.7.2020 ISSUED BY THE PETITIONER TO THE HM IN-CHARGE

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION NO.09/2021/M SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.01.2021

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION SENT BY THE 3 EMBERS OF THE MANAGING COMMITTEE DATED 1.2.2021 TO THE DISTRICT EDUCATION OFFICER, ATTINGAL

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO.B4/453/DEO/2021/L.DIS DATED 1.2.2021 SENT BY THE 3RD RESPONDENT TO THE PETITIONER