V.Abdul Hameed vs State Of Kerala
2021 Latest Caselaw 21432 Ker

WP(C) NO. 459 OF 2020         1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                     WP(C) NO. 459 OF 2020
PETITIONER/S:

           V.ABDUL HAMEED,
           AGED 70 YEARS,
           S/O. UNNEEN MUSALIAR, MANAGER, AMM HIGH/LP SCHOOL,
           PULIKKAL P.O., MALAPPURAM DISTRICT, PUTHIYA
           VEETTIL, ALUNGAL, PULIKKAL P.O. MALAPPURAM
           DISTRICT.

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



RESPONDENT/S:

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

    2      THE DIRECTOR OF GENERAL OF EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM 695 014.

    3      THE DISTRICT EDUCTIONAL OFFICER,
           B-2 BLOCK, CIVIL STATION, MALAPPURAM 673 637.

    4      SOBHA ALULLATHIL,
           H.S.A (MATHS), AMM HIGH SCHOOL, PULIKKAL P.O.
           MALAPPURAM DISTRICT 673 637.

    5      P.C. MUHAMMED MASTER,
           S/O. KOYAKUTTY MOULAVI, THAYYIL HOUSE, MUTTAYUR
           PULIKKAL P.O. MALAPPURAM DISTRICT 673 637.
 WP(C) NO. 459 OF 2020             2



*ADDL R6. ABDUL KHALIK P.P., AGED 53 YEARS,
          S/O.ABDUL JALEEL P.P., MANAGER,
          AMM HIGH/LP SCHOOL, PULIKKAL P.O.,
          MALAPPURAM DISTRICT - 673 637.
          RESIDING AT PARAMMAL HOUSE, PULIKKAL P.O.,
          MALAPPURAM DISTRICT.

             ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER
     *       DATED 29.10.2021 IN I.A.NO.1 OF 2021.

          BY ADVS.
          DR.GEORGE ABRAHAM
          SRI.S.M.PREM
          LINDONS C.DAVIS
          SRI.P.RAMACHANDRAN (PALAKKAD)
          SRI.H.NARAYANAN
          E.U.DHANYA




             SMT NISHA BOSE, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 459 OF 2020                3



                                 JUDGMENT

This writ petition is filed by Sri.V. Abdul Hameed, claiming that he is

the Manager of the A M M High School & LP School, Pulikkal managed by the

Pulikkal Kavakki Bunnayira Sangham, a corporate educational agency. The

prayer in this writ petition is to quash Exts.P7 and P10 and for a further

direction declaring that the appointment of the 4th respondent as

Headmaster by the 5th respondent Manager is against the provisions of the

KER and hence, liable to be interfered with.

2. A counter affidavit has been filed by the 1st respondent, wherein

it is stated that Ext.P10 is perfectly legal and the same was issued after

examining the entire aspects of the case.

3. In the course of proceedings, I.A.No.1 of 2021 was filed by the

present Manager of the school whose appointment was approved by the

DEO on 12.4.2021.

4. Sri. Lindons C. Davis, the learned counsel appearing for the

additional respondent submitted that there were some disputes with regard

to the appointment of the Headmaster of the school. It is submitted that the

additional 6th respondent has no objection to Exts.P7 and P10 which is the

subject matter of challenge in this writ petition.

5. Sri. Mohanakannan, the learned counsel appearing for the

petitioner submitted that the writ petitioner is not the present Manager and

he is not desirous of pursuing the relief sought for in this writ petition.

In view of the said submission, this writ petition will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 459/2020

PETITIONER (S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.

B4/4812/2018 DATED 24.12.2018 OF THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PUBLICATION EFFECTED BY THE 5TH RESPONDENT DATED 26.7.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT K.DIS/B4/3963/18 DATED 1.9.2018.

EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 26.9.2018 FILED BY CHANDRAN BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26.10.2018.

EXHIBIT P6 TRUE COPY OF THE ARGUMENT NOTE DATED 17.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.

EM(2)/49115/2018/DPI/K.DIS DT. 26.12.2018 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION.

EXHIBIT P8 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.1.2019 AGAINST EXT. P7 ORDER.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 5129/2019 DATED 18.3.2019.

EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) 5579/2019/G.EDN. DATED 20.12.2019.

EXHIBIT P11 TRUE COPY OF THE REPORT NO. B2/31064/19 DATED 19.9.2019.

RESPONDENT (S) EXHIBITS :

EXHIBIT R4 (a) TRUE COPY OF THE REVISION PETITION FILED BY THE 4TH RESPONDENT DATED 01.03.2019.

EXHIBIT R4 (b) TRUE COPY OF APPOINTMENT ORDER DATED 13.07.2018