Kerala High Court
The Corporate Manager vs State Of Kerala on 16 September, 2021
WP(C) NO. 15197 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 15197 OF 2021
PETITIONER:
THE CORPORATE MANAGER
SACRED HEART CORPORATE EDUCATIONAL AGENCY OF CMI
SCHOOLS, RAJAGIRI P.O., KALAMASSERY, ERNAKULAM
DISTRICT,PIN-683 104
BY ADVS.
NOUSHAD THOTTATHIL
NOORJI NOUSHAD
FYZAL BABU V.K.
BIJUMON K.K
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
2 DIRECTOR OF GENERAL EDCUATION,
GENERAL EDUCATION DEPARTMENT, JAGATHI,
THIRUVANANTHAPURAM,PINCODE-695 014
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM,PIN-682 011
4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
ERNAKULAM,PIN-682 011
SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER
WP(C) NO. 15197 OF 2021 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15197 OF 2021 3
JUDGMENT
The petitioner herein is the Corporate Manager of Sacred Heart
Corporate Educational Agency which manages the CMI Schools at
Kalamassery in Ernakulam. The schools that come under the Corporate
Educational Agency of CMI Schools are Sacred Heart Higher Secondary
School, Thevara, St. Theresa's High School, Manappuram, St. Thomas UP
School, Karukutty and St. Mary's UP School, Thevara. This writ petition is
preferred by the petitioner being aggrieved by the order passed by the 4th
respondent declining to approve the appointment of Fr. Joby V.A as UPST in
a promotional vacancy w.e.f. 01.06.2018. The petitioner preferred an appeal
before the 3rd respondent and by Ext.P13 order, the appeal was allowed
subject to the petitioner obtaining clarification from the Government with
respect to the condition incorporated in Ext.P1 order imposed while
sanctioning bifurcation of UP section from the Sacred Heart High School.
2. Ext.P1 order was issued by the Government during the academic
year 1992-1993 granting sanction for bifurcation of UP Section of Sacred
Heart High School, Thevara to attach with the LP School Chenganad at
Thevara. The relevant portion of the order reads as follows:
" In the letter from the Director of Public Instruction read as first
paper, he has sent proposals for the bifurcation of the U.P.Section from
the High School section of S.H.H.S, Thevara on administrative reason.
Government had examined the proposal in detail and are pleased to
accord sanction for bifurcating the U.P. section from the high school
section of S.H.H.S, Thevara subject to the condition that no new post will
be created in future."
3. The petitioner contends that the aforesaid condition is only
applicable in creating a new post in connection with the bifurcation of UP
section from Sacred Heart High School, Thevara and the same cannot stand
in the way of sanctioning additional division and additional posts of UPST on
the basis of the number of students as per the educational rules. The
petitioner contends that Exts.P4 and P5 staff fixation orders would
emphatically show that the number of UPST sanctioned for the St.Mary's UP
School has been increased from 9 to 10 with 10 divisions. It is urged that the
appointment of Fr. Joby V.A as UPST in the promotional vacancy of
Smt.Princy.T.K in the St.Mary's UP School is in order.
4. The learned Government Pleader, on instructions, submits that
the 3rd respondent while allowing the appeal by Ext.P13 order had only
stated that the approval of Fr. Joby V.A shall be subject to clarification to be
received from the Government in view of the tenor of Ext.P1. According to
the learned Government Pleader, the petitioner had a statutory remedy py
preferring a revision petition under Rule 92 of Chapter XIV A of the Kerala
Education Rules.
5. Having considered the rival submissions, I am of the opinion that
the submissions of the learned Government Pleader carry sufficient force.
When a statutory remedy is available to the petitioner to challenge Ext.P10
and P13 orders and get clarification on Ext.P1, it would be in the fitness of
things to relegate the petitioner to such remedies.
Resultantly, this writ petition is disposed of with the following
directions.
a) The petitioner shall, not later than two weeks from today, submit a
revision petition under Rule 92 of Chapter XIV A of the Kerala Education
Rules before the first respondent assailing Ext.P10 and P13 orders. If any
such petition is filed, as directed above, the 1st respondent shall take up,
consider and pass appropriate orders, as per procedure and in strict
adherence to the provisions of law, after affording an opportunity of being
heard, either physically or virtually, to the petitioner herein or her authorised
representatives.
b) Orders, as directed above, shall be passed expeditiously, in any event,
within a period of two months from the date of production of a copy of this
judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned respondent for further
action.
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 15197/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER G.O(RT)
NO.3508/92/G.EDN DATED 15.09.1992 ISSUED
BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER NO.B6-
12664/92/D.DIS DATED 01.12.1992 ISSUED BY
THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER
NO.B2/19989/01/K.DIS DATED 05.12.2001
ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION, ERNAKULAM
Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER OF
PETITIONERS SCHOOL DATED 20.01.2012
PASSED DURING THE ACADEMIC YEAR 2010-2011
BY THE 4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER OF
THE PETITIONERS SCHOOL DATED 15.07.2019
PASSED BY THE 4TH RESPONDENT DURING THE
ACADEMIC YEAR 2019-2020
Exhibit P6 TRUE COPY OF THE ORDER G.O(RT)
NO.1850/2012 G.EDN DATED 19.04.2012
ISSUED BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NO.F /
2011/2018/K.DIS DATED 01.04.2019 ISSUED
BY THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF THE APPEAL DATED 18.06.2019
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER NO.B4-
4803/2019/K.DIS DATED 26.11.2019 PASSED
BY THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE ORDER NO.F/17315/19
DATED 31.12.2019 ISSUED BY 4TH RESPONDENT
Exhibit P11 TRUE COPY OF THE APPEAL DATED 07.01.2020
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED
12.02.2020 PASSED BY THIS HONOURABLE
COURT IN WPC NO.3979/2020
Exhibit P13 TRUE COPY OF THE ORDER NO.B4/191551/2020
DATED 15.01.2021 PASSED BY THE 3RD
RESPONDENT UPON EXT.P11 APPEAL
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
12.03.2021 PASSED BY THIS HONOURABLE
COURT IN CONTEMPT CASE (CIVIL)
NO.197/2021
