Bindu S. Kumar vs Bharatiya Vidya Bhavan Senior ...
2021 Latest Caselaw 7428 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                      WP(C).No.26551 OF 2020(T)


PETITIONERS:-

                BINDU S. KUMAR
                AGED 55 YEARS
                PG TEACHER (ECONOMICS), BHARATIYA VIDAY BHAVAN
                SENIOR SECONDARY SCHOOL, KODUNGANOOR,
                VATTIYOORKAVU, THIRUVANANTHAPURAM,RESIDING AT
                AKHILAM, KRA-D-46/6, KALAKAUMUDI ROAD, KANNANMOOLA,
                MEDICAL COLLEGE P.O.THIRUVANANTHAPURAM-695 011.

                BY ADV. SHRI.AHAD T.

RESPONDENTS:

      1         BHARATIYA VIDYA BHAVAN SENIOR SECONDARY SCHOOL
                KODUNGANOOR, VATTIYOORKAVU P.O.THIRUVANANTHAPURAM-
                695 013, REPRESENTED BY ITS SECRETARY

      2         CHAIRMAN,
                BHARATIYA VIDAYA BHAVAN, THIRUVANANTHAPURAM KENDRA,
                BHAVANS TOWERS, KUTTUROAD, POOJAPPURA
                P.O.THIRUVANANTHAPURAM-695 012.

      3         BHARATIYA VIDYA BHAVAN,
                A PUBLIC CHARITABLE TRUST,REPRESENTED BY ITS
                EXECUTIVE SECRETARY, 29, KM MUNSHIL ROAD, GAMDEVI,
                MUMBAI, MAHARASHTRA-400 007.

      4         CENTRAL BOARD OF SECONDARY EDUCATION,
                REPRESENTED BY ITS CHAIRPERSON, SHIKSHA KENDRA, 2
                COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092.

                R4 BY SRI.NIRMAL S., SC, CBSE

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-02-
2021, THE COURT ON 03-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.26551/2020
                                   2


                             JUDGMENT

Dated this the 3rd day of March 2021

1. This writ petition is filed challenging Exhibits P22 to P23.

2. Heard the learned counsel for the petitioner and the learned

counsel appearing for the respondents.

3. The learned counsel for the petitioner relies on a decision of a

Division Bench of this Court in Sommy Kunjappan v. Central

Board of Secondary Education [2019 (1) KLT 864].

However, in the nature of the prayer sought for and in view of

the findings in Sommy Kunjappan's case (supra), I am of the

opinion that the writ petition is not maintainable before this

Court.

The writ petition fails and the same is accordingly dismissed.

Anu Sivaraman, Judge

sj W.P.(C).No.26551/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT LETTER NO CBSE/RO/TVPM/CONFI/2019 DATED 4.3.2019

EXHIBIT P2 TRUE COPY OF COMPLAINT FILED BY PETITIONER BEFORE CITY COMMISSIONER OF POLICE THIRUVANANTHAPURAM DATED 12.8.2019

EXHIBIT P3 TRUE COPY OF COMPLAINT FILED BY PETITIONER BEFORE WOMENS COMMISSION DATED 12.8.2019

EXHIBIT P4 TRUE COPY OF HEARING NOTICE NO BVP/TVM/LR/2019/506 DATED 21.9.2019 ISSUED TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF LETTER 19.2.2019 FROM THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF FIR NO 1844/2019 OF VATTIYOORKAVU POLICE STATION 30.9.2019

EXHIBIT P7 TRUE COPY OF MEDICAL CERTIFICATE DATED 24.11.2019

EXHIBIT P7 (A) TRUE COPY OF LEAVE APPLICATION DATED 26.11.2019 SUBMITTED BY THE PETITIONER

EXHIBIT P8 TRUE COPY OF COVERING LETTER NO BVP/TVK/2019/965 DATED 13.11.2019 ALONG WITH MEMO OF CHARGE WITH STATEMENT OF ALLEGATIONS

EXHIBIT P9 TRUE COPY OF REPLY DATED 28.11.2019 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF ORDER NO BVP/TVM/TR26/OR/2019/TR/F26/172 DATED 10.12.2019 W.P.(C).No.26551/2020

EXHIBIT P11 TRUE COPY OF LETTER (NOTICE) NO BVP/TVM/LR/2019 DATED 19.12.2019

EXHIBIT P12 TRUE COPY OF LETTER FORM PETITIONER TO THE CONVENOR OF INQUIRY COMMITTEE & CHAIRPERSON DATED 26.12.2019

EXHIBIT P13 TRUE COPY OF ORDER (LETTER0 NO BVB/TVM/TR26/OR/2020/11 DATED 10.1.2020

EXHIBIT P14 TRUE COPY OF LETTER DATED 4.2.2020 FROM CONVENOR OF THE INQUIRY COMMITTEE & CHAIRPERSON TO THE PETITIONER

EXHIBIT P15 TRUE COPY OF RELEVANT PAGES (16 & 17) OF CHAPTER 5 OF CBSE AFFILIATION BYELAWS

EXHIBIT P16 TRUE COPY OF CHAPTER 5 OF SHIKSHAN BHARATHI-EDUCATION CODE FORMULATED BY THE 3RD RESPONDENT

EXHIBIT P17 TRUE COPY OF RELEVANT PAGES OF CHAPTER 10 OF SHIKSHAN BHARATHI EDUCATION CODE

EXHIBIT P18 TRUE COPY OF REPRESENTATION DATED 17.2.2020 FILED BY PETITIONER BEFORE THE COVENOR OF INQUIRY COMMITTEE

EXHIBIT P19 TRUE COPY OF LETTER NO BVP/TVM/VTK/2019/1279 DATED 19.2.2020 TO THE PETITIONER

EXHIBIT P20 TRUE COPY OF LETTER DATED 20.2.2020 FROM PETITIONER TO THE PRINCIPAL OF 1ST RESPONDENT

EXHIBIT P21 TRUE COPY OF ORDER NO BVP/TVM/TR.26/OR/2020/17 DATED 5.3.2020

EXHIBIT P22 TRUE COPY OF INQUIRY REPORT DATED 29.2.2020 W.P.(C).No.26551/2020

EXHIBIT P23 TRUE COPY OF ORDER NO BVP/TVM/TR.26/OR/2020/DATED 27.4.2020 OF THE 2ND RESPONDENT