H. Jawahar vs The Director Of General Education
2021 Latest Caselaw 14286 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                     WP(C) NO. 9195 OF 2021
PETITIONERS :-

           H. JAWAHAR, AGED 60 YEARS
           S/O.A.M. HANEEF, CHAIRMAN, AKMVHSS, THADICADU P.O.,
           RESIDING AT VARALAZHIKATHU VEEDU,
           KOLLAM DISTRICT-695 306.

           BY ADVS.
           SRI.V.PREMCHAND
           SMT.SURYA MOHAN P.


RESPONDENTS :-

    1      THE DIRECTOR OF GENERAL EDUCATION,
           GENERAL EDUCATIONAL DIRECTORATE, JAGATHY,
           THIRUVANANTHAPURAM-695 014.

    2      THE DIRECTOR,
           VOCATIONAL HIGHER SECONDARY EDUCATION,
           THIRUVANANTHAPURAM-695 014.

    3      DISTRICT EDUCATIONAL OFFICER,
           PUNALUR, KOLLAM DISTRICT, PIN - 695 306.

  ADDL.4   THE MANAGER
           ABDUL KHADAR MEMORIAL VOCATIONAL HIGHER SECONDARY
           SCHOOL, THADICADU P.O., KOLLAM DISTRICT, PIN-691 306.

           (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 20.04.2021
           IN I.A.2/2021 IN WP(C)9195/2021.)

           BY SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9195 OF 2021

                                  -: 2 :-


                               JUDGMENT

Dated this the 8th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"1) Issue a writ of mandamus or any other appropriate direction or order directing respondents 1 & 2 to consider and pass appropriate order in Exhibit P4 & P5 representations forth with by taking into account the mandatory provisions of Clause 4, 5 and 10 of the Exhibit P1 Bye law.

2) Issue a writ of mandamus or any other appropriate direction or order directing the 3rd respondent to consider and pass appropriate order in Exhibit P6 forth with."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. Though the 4th respondent has been additionally impleaded

as a respondent in this writ petition and notice was ordered to be

taken out to the 4th respondent, I notice that the service of notice on

the 4th respondent is not complete. However, in view of the directions

being issued in this writ petition, the learned counsel for the

petitioner submits that service of notice on the 4 th respondent may

not be essential.

4. The learned counsel for the petitioner submits that the

petitioner is the Chairman of the Abdul Khadar Memorial Vocational WP(C) NO. 9195 OF 2021

Higher Secondary School, Thadicadu. Ext.P1 is the approved bye

law. It is submitted that the bye law specifically provides that all

major decisions including development of the school, appointment,

regularisation, termination, etc. have to be taken by the Board of

Management consisting of nine members. It is submitted that by

Ext.P3, the Board of Management had taken an emergency decision

that the appointments made without informing the Board and without

getting its approval are to be deprecated and therefore, a decision

was taken to approach the educational authorities and to request

them to require the Manager to produce the ratification by the Board

while issues of approval of appointments are being considered. It is

submitted that the present Manager is also a signatory to Ext.P3.

Exts.P5 and P6 are the representations so preferred by the petitioner

before the Director of Vocational Higher Secondary Education as well

as the DEO. It is submitted that the said representations can be

considered by the appropriate authorities with notice to the petitioner

as well as the Manager.

5. The learned Government Pleader submits that there is

likely to be some dispute with regard to Ext.P3 since it is signed only

by four members of the Managing Committee. WP(C) NO. 9195 OF 2021

6. Having considered the contentions advanced, I am of the

opinion that the request made by the petitioner can be considered by

the 2nd and 3rd respondents with notice to the petitioner as well as the

4th respondent as also the other members of the Managing

Committee.

The writ petition is, therefore, disposed of directing

respondents 2 and 3 to take up, consider and pass orders on Exts.P5

and P6 representations with notice to the petitioner as well as the 4 th

respondent and the other members of the Managing Committee as is

revealed from Ext.P1. The petitioner shall produce a copy of this writ

petition along with a copy of this judgment before respondents 2 and

3 for compliance. Orders shall be passed within a period of two

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

Sd/-

ANU SIVARAMAN JUDGE

Jvt/8.7.2021 WP(C) NO. 9195 OF 2021

APPENDIX

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE BYE LAW DATED 18/12/1985.

EXHIBIT P2 TRUE COPY OF THE MINUTES BOOK DATED 10/06/2018.

EXHIBIT P3 TRUE COPY OF RESOLUTION DATED 14/02/2021.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 01/03/2021 BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 01/03/2021 BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 01/03/2021 BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF ACKNOWLEDGMENT CARDS REVEALING THE ACCEPTANCE OF EXHIBIT 4-6.