Najumunnisa.I vs State Of Kerala
2022 Latest Caselaw 6980 Ker

WP(C) NOS.24409 OF 2021 &
 17950 OF 2022                      1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                    WP(C) NO. 24409 OF 2021


PETITIONER/S:

          NAJUMUNNISA.I,
          AGED 49 YEARS
          W/O. M.A. NOUSHAD, PRINCIPAL- IN- CHARGE,
          THADICADU HIGHER SECONDARY SCHOOL, THADICADU P.O,
          KOLLAM-691 306, RESIDING AT SANA, NEAR WEST H.S.S,
          ANCHAL, ANCHAL P.O, KOLLAM.

          BY ADV B.MOHANLAL


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          HIGHER EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          GOVERNMENT OF KERALA, JAGATHY P.O,
          THIRUVANANTHAPURAM-695 014.

    3     THE REGIONAL DEPUTY DIRECTOR ,
          HIGHER SECONDARY EDUCATION
          IV FLOOR, CORPORATION BUILDING, PALAYAM,
          THIRUVANANTHAPURAM-691 033.

    4     THE MANAGER,
          THADICADU HIGHER SECONDARY SCHOOL,
          THADICADU P.O, ANCHAL, KOLLAM-691 306

    5     SMT. SALEENA J,
          NON VOCATIONAL TEACHER (BIOLOGY),
          THADICADU VOCATIONAL HIGHER SECONDARY SCHOOL,
 WP(C) NOS.24409 OF 2021 &
 17950 OF 2022                       2



          THADICADU P.O, KOLLAM-691 306,
          RESIDING AT SREE THILAKAM, THADICADU P.O,
          KOLLAM-691 306

          BY ADVS.
          SAJEEV KUMAR K.GOPAL
          N.UNNIKRISHNAN




          SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022,   ALONG WITH    WP(C)NO.17950/2022, THE   COURT ON   THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS.24409 OF 2021 &
 17950 OF 2022                    3




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                    WP(C) NO. 17950 OF 2022
PETITIONER/S:

          K.SAINABA BEEVI
          W/O LATE M.MUHAMMED ISMAIL, SREETHILAKAM,
          THADIKKAD P.O., THADIKKAD, ANCHAL, KOLLAM,
          MANAGER, THADIKKAD VHS AND HSS,
          THADIKKAD P.O., ANCHAL, KOLLAM DISTRICT-691 306.

          BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
          GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM -695 001.

    2     THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
          HIGHER EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM -695 001.

    3     THE SECRETARY TO THE GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    4     THE DIRECTOR OF GENERAL EDUCATION,
          GOVERNMENT OF KERALA, JAGATHY P.O.,
          THIRUVANANTHAPURAM -695 014.

    5     THE REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION,
          IV FLOOR CORPORATION BUILDING, PALAYAM,
          THIRUVANANTHAPURAM -695 033.
 WP(C) NOS.24409 OF 2021 &
 17950 OF 2022                       4



    6     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          GOVT. BHSS CAMPUS, THEVALLY P.O., KOLLAM-691 009.

    7     NAJUMUNNISA I,
          AGED 52 YEARS
          W/O M.A.NOUSHAD, PRINCIPAL-IN-CHARGE,
          THADICADU HIGHER SECONDARY SCHOOL,
          THADICADU P.O., KOLLAM-691 305,
          RESIDING AT SANA, NEAR WEST H.S.S.,
          ACCHAL, ANCHAL P.O., KOLLAM.

    8     SMT. SALEENA .J.,
          NON VOCATIONAL TEACHER (BIOLOGY), THADICADU
          VOCATIONAL HIGHER SECONDARY SCHOOL, THADIKKAD P.O.,
          KOLLAM -691 306, RESIDING AT SREE THILAKAM,
          THADIKKAD P.O.,KOLLAM -691 305.

          BY ADV N.UNNIKRISHNAN
          SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022,   ALONG WITH    WP(C)NO.24409/2021, THE   COURT ON   THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS.24409 OF 2021 &
 17950 OF 2022                             5




                                 JUDGMENT

Smt.Najumunnisa I, the petitioner in W.P.(C) No.24409 of 2021 is

functioning as the Principal in charge of the Thadicadu Higher Secondary

School, Thadicadu. The petitioner in W.P.(C) No.17950 of 2022 is the

Manager of the Thadicadu VHS and Secondary School, Thadicadu.

2. It appears that by order dated 01.02.2021 produced as Ext.P5 in W.P.

(C) No.24409 of 2021, the Regional Deputy Director (RDD) has held that Smt.

Najumunnisa is having the requisite qualification to be promoted as the

Principal of the School. The Manager was directed to prepare the seniority list

within a period of 15 days and to forward the proposal to the office.

3. Smt.Saleena J, the 5th respondent in W.P.(C) No.24409 of 2021 is a

rival claimant. She also has a claim to be appointed as the Principal of the

School. In the said circumstances, she submitted a representation narrating

her grievance before the Director of General Education (DGE) and thereafter

approached this Court and filed W.P.(C) No.9365 of 2021. This Court by

judgment dated 09.04.2021 directed the DGE to consider the representation WP(C) NOS.24409 OF 2021 &

and to take a decision.

4. While so, Smt. Najumunnisa I, approached this Court and filed W.P.

(C) No.8567 of 2021 seeking issuance of directions to the Manager to

implement the order dated 01.02.2021 issued by the Regional Director. This

Court taking note of the directions issued by this Court in W.P.(C) No.9365 of

2021 closed the writ petition with permission to the petitioner to approach the

Court at a later stage after the matter is heard and disposed of by the DGE.

5. In terms of the directions issued by this Court in W.P.(C) No.9365 of

2021 filed by Smt. Saleena J, the DGE has passed, order dated 08.09.2021,

declining the request made by the applicant to appoint her as Principal.

6. The records placed before this Court reveals that Smt.Saleena has

challenged the order passed by the DGE before the Government by filing a

representation, a copy of which has been produced as Ext.P9 in W.P.(C) No.

17950 of 2022. No orders have been passed on the representation till date.

7. While so, the Deputy Director has issued, order dated 25.05.2022,

directing the Manager to show cause why action shall not be taken to remove

her from the post of Manager. The said order has been produced as Ext.P11 in

W.P.(C) No.17950 of 2022. The prayer of the Manager in the said writ petition WP(C) NOS.24409 OF 2021 &

is that while the representation submitted by Smt. Saleena challenging the

order passed by the DGE is pending consideration of the Government, the

Deputy Director was not justified in issuing the show cause.

8. The prayer in W.P.(C) No.24409 of 2021 is for a direction to the

educational authorities to implement Ext.P5 order passed by the Regional

Deputy Director.

9. This Court by order dated 27.05.2022 in W.P.(C) No.24409 of 2021

had directed the educational authorities to implement the orders passed by the

Regional Deputy Director.

10. I have heard Sri. B. Mohanlal, the learned counsel appearing for the

petitioner in W.P.(C) No.24409 of 2021, Sri. Sajeev Kumar K.Gopal, the counsel

appearing for the petitioner in W.P.(C) No.17950 of 2022, Sri. N.Unnikrishnan,

the learned counsel appearing for Smt. Saleena J., the 5th respondent in W.P.

(C) No.24409 of 2021 and the learned Government Pleader.

11. I have considered the submissions advanced and have perused the

records.

12. Both Najumunnisa and Saleena stake claim to the post of Principal

in the Higher Secondary School. The fact remains that the Regional Deputy WP(C) NOS.24409 OF 2021 &

Director has issued an order in favour of Najumunnisa and she wants the

educational authorities to implement the same. However, I find that the

representation filed by Saleena challenging the order passed by the DGE is

pending consideration of the Government. In that view of the matter, there is

force in the submission of Sri.Sajeev kumar Gopal, the learned counsel that

implementation of the order passed by the Regional Deputy Director while the

representation is pending consideration of the Government will work out

injustice. I am of the view that the interest of justice will be served if the

Government is directed to take a decision on Ext.P9 representation produced in

W.P.(C) No.17950 of 2022 after hearing all concerned, so that the issue can be

settled once and for all.

13. In that view of the matter, these writ petitions are disposed of by

issuing the following directions:

a) The 3rd respondent in W.P.(C) No.17950 of 2022 shall consider

Ext.P9 representation and take a decision after affording an

opportunity of being heard to Smt.Najumunnisa, the petitioner in

W.P.(C) No.24409 of 2021 and the Manager. The decision as

directed above shall be taken expeditiously, in any event, within a WP(C) NOS.24409 OF 2021 &

period of three months from the date of receipt of a copy of this

judgment.

b) Until orders are passed, any coercive proceedings initiated

against the Manager for the implementation of the order passed

by the Regional Deputy Director shall be kept in abeyance.

c) Both the parties shall abide by the directions issued by the

Government unless the same is varied or set aside in appropriate

proceedings.

In view of the directions above, W.P.(C) No.24409 of 2021 will

stand closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NOS.24409 OF 2021 &

APPENDIX OF WP(C) 17950/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O.

(P) NO. 19/2019/G.EDN. DATED 28-02-2019. Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF DR. (PROFESSOR)KHADAR COMMISSION REPORT(PAGES 2,73,77,78 AND 79).

Exhibit P3 TRUE COPY OF THE ORDER NO.TRO-

07/4462/HSE/2009 DATED 26-06-2019 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER VIDE NO.TRO-

7/3654/2020/HAS DATED 01-02-2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.9365 OF 2021 DATED 09-04- 2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.8567 OF 2021 DATED 13-07- 2021.

Exhibit P7 TRUE COPY OF THE ORDER NO.E3/2369 OF 2021 DATED 08-09-2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMMUNICATION VIDE NO.B1/318/2021/G.EDN. DATED 05-02-2022 FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT. Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 8TH RESPONDENT BEFORE THE GOVERNMENT DATED 24-05-2022.

Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN PASSED AN INTERIM ORDER IN W.P(C) NO.24409 OF 2021 DATED 27-05-2022. Exhibit P11 TRUE COPY OF THE ORDER NO.DDEKLM/2121/2022-B6 DATED 25-05-2022 ISSUED BY THE 6TH RESPONDENT.

WP(C) NOS.24409 OF 2021 &

APPENDIX OF WP(C) 24409/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE ORDER NO.

ACD.B3/1927/HSE/01 DATED 07.03.2003 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE SENIORITY LIST PUBLISHED BY THE 4TH RESPONDENT WITH EFFECT FROM 01.06.2019 IN THE 4TH RESPONDENT AIDED MANAGEMENT SCHOOL.

Exhibit P3 THE TRUE COPY OF THE ORDER NO. TRO-

07/4462/HSE/2019 DATED 26.06.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN W.P.C. NO.

13759/2020 DATED 09.07.2020 OF THIS HON'BLE COURT.

Exhibit P5 THE TRUE COPY OF THE ORDER NO. T.R.O-

7/3654/2020/H.S.E DATED 01.02.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P6 THE TRUE COPY OF THE COMMON SENIORITY LIST PUBLISHED BY THE 4TH RESPONDENT WITH EFFECT FROM 01.01.2021 IN THE 4TH RESPONDENT AIDED MANAGEMENT SCHOOL.

Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 09.04.2021 IN W.P.C NO. 9365/2021 OF THIS HON'BLE COURT.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 13.07.2021 IN W.P.C NO. 8567/2021 OF THIS HON'BLE COURT.

Exhibit P9 THE TRUE COPY OF THE ORDER NO. E3/2369/2021 DATED 08.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P10 THE TRUE COPY OF THE ORDER NO B1/318/2021/G.EDN DATED 5.2.2022 ISSUED BY THE GOVERNMENT RESPONDENT(S) EXHIBITS :

Exhibit R5(A) APPOINTMENT ORDER DATED 03.12.1997 ISSUED BY THE 4TH RESPONDENT.

Exhibit R5(B) A TRUE COPY OF ORDER NO. E3-10651/2000 DATED 07.02.2001.

Exhibit R5(C) A TRUE COPY OF G.O.(RT.) NO.2495/04/G.EDN. WP(C) NOS.24409 OF 2021 &

DATED 17.06.2004.

Exhibit R5(D) A TRUE COPY OF CIRCULAR NO. E3/10147/2003 DATED 23.08.2004.

Exhibit R5(E) A TRUE COPY OF ORDER NO. E3/2097/14 DATED 20.02.2014.

Exhibit R5(F) A TRUE COPY OF G.O.(RT.) NO.19/2019/G.EDN.

DATED 28.02.2019.

Exhibit R5(G) A TRUE COPY OF PAGE NOS. 2,73,77,78 AND 79 OF PART I OF DR. KADAR COMMISSION REPORT. Exhibit R5(H) A TRUE COPY OF G.O.(RT.) NO.

127/2021/G.EDN. DATED 26.02.2021.

Exhibit R5(I) A TRUE COPY OF REPRESENTATION DATED 04.10.2019.

Exhibit R5(J) A TRUE COPY OF APPEAL DATED 14.05.2022 FILED BY 5TH RESPONDENT, SMT. SALEENA J., BEFORE THE FIRST RESPONDENT.

Exhibit R5(K) A TRUE COPY OF COMMON SENIORITY LIST OF STAFF BELONGING TO THADICADU VOCATIONAL HIGHER SECONDARY SCHOOL AND HIGHER SECONDARY SCHOOL AS ON 01.01.2021.

Exhibit R5(L) A TRUE COPY OF G.O.(RT.) NO.53/2019/G.EDN.

DATED 31.05.2019.

Exhibit R5(M) A TRUE COPY OF G.O.(MS) NO.1030/2022/G.EDN.

DATED 23.02.2022.