Muhammed Kunju V.M vs The Secretary (Affiliation), ...
2023 Latest Caselaw 1788 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(C) NO. 42100 OF 2022
PETITIONER:

          MUHAMMED KUNJU V.M.
          AGED 59 YEARS
          SON OF MYTHEEN MUHAMMED, MALIK DEENAR TRUST MEMBER,
          VELIYATH HOUSE,
          PALLARIMANGALAM P.O, ADIVADU,
          KOTHAMANGALAM, PIN - 686671

RESPONDENTS:

    1     THE SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY
          EDUCATION
          SHIKSHA KENDRA, 2 COMMUNITY CENTRE,
          PREET VIHAR, NEW DELHI, PIN - 110092
    2     THE REGIONAL DIRECTOR
          CENTRAL BOARD OF SECONDARY EDUCATION,
          CTTC ADMISSION BLOCK, BSNL, RTTC CAMPUS,
          KAIMANAM, THRUVANANTHAPURAM, PIN - 695040
    3     MUHAMMEDALI E.M., AGED 43 YEARS,
          WORKING AS PRINCIPAL,
          MALIK DEENAR PUBLIC (SENIOR SECONDARY) SCHOOL,
          ADIVADU, PALLARIMANGALAM P.O,
          KOTHAMANGALAM, PIN - 686671
    4     MALIK DEENAR ISLAMIC DEVELOPMENT CHARITABLE TRUST,
          PALLARIMANGALAM P.O, ADIVAD, KOTHAMANGALAM, REP. BY ITS
          GENERAL SECRETARY, PIN - 686671
    5     MALIK DEENAR PUBLIC (SENIOR SECONDARY) SCHOOL,
          ADIVADU, PALLARIMANGALAM P.O,
          KOTHAMANGALAM , REPRESENTED BY ITS MANAGER.,
          PIN - 686671
    6     CHAIRMAN
          MALIK DEENAR ISLAMIC DEVELOPMENT
          CHARITABLE TRUST, PALLARIMANGALAM P.O,
          ADIVAD, KOTHAMANGALAM, PIN - 686671
 WP(C) NO. 42100 OF 2022

                                2

            BY ADVS.
            SRI.NIRMAL S., SC - R1 & R2
            SMT.ANILA UMESH



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   01.02.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 42100 OF 2022

                                       3


               P.V.KUNHIKRISHNAN, J.

------------------------------ W.P.(C)No. 42100 of 2022

---------------------------------------------- Dated this the 01st day of February, 2023

The above writ petition is filed with the following

prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the respondents 1 and 2 to take a decision on Ext-P4 representation submitted by the petitioner and ascertain whether the 3rd respondent had required qualification to get appointed as a principal in Malik Deenar Public (Senior Secondary) School, at the time of his appointment i.e. in the year 2009, after giving an opportunity of being heard to the petitioner.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby direct the school management to cancel the appointment of the 3rd respondent, who is illegally appointed without required qualification and also direct to initiate appropriate steps against the defaulting committee members who give the illegal appointment against the mandate with regard to qualification fixed for appointment as a Principal in a High School by the CBSE.

(iii) Grant such other reliefs, which are just WP(C) NO. 42100 OF 2022

and necessary in the interest of justice and deem fit, just and proper. [SIC]"

2. When this writ petition came up for

consideration, the counsel appearing for the petitioner

submitted that the petitioner will be satisfied if a

direction is issued to the 1st respondent to consider

Ext.P4. The Standing counsel appearing for

respondents 1 and 2 submitted that, a counter

statement is filed. Since the limited prayer of the

petitioner is for a consideration of Ext.P4, I don't want to

make any observation on merit. Therefore, this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P4 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

i. The competent authority among

respondents 1 and 2 will consider Ext.P4 and pass

appropriate order in it, as expeditiously as possible,

at any rate, within a period of six weeks from the WP(C) NO. 42100 OF 2022

date of receipt of a copy of this judgment.

iii. Before passing final order, the competent

authority among respondents 1 and 2 will give an

opportunity of hearing to the petitioner and other

affected parties, either virtually or physically.

iv. Petitioner will produce a copy of the writ

petition along with a certified copy of this judgment

before the 1st and 2nd respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 42100 OF 2022

APPENDIX OF WP(C) 42100/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 13.12.2009 APPOINTING THE 3RD RESPONDENT AS PRINCIPAL OF 5TH RESPONDENT SCHOOL EXHIBIT P2 THE TRUE COPY OF THE CBSE REGULATIONS II PERTAINING TO CLAUSE 5.1 AND 5.2 REGARDING THE QUALIFICATION FOR PRINCIPAL OF A SCHOOL EXHIBIT P3 THE TRUE COPY OF THE POSTAL ENVELOPMENT SHOWING THE ENDORSEMENT 'REFUSED' BY THE MANAGER EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 16.11.2022 AGAINST THE ILLEGAL APPOINTMENT OF 3RD RESPONDENT EXHIBIT P5 THE TRUE COPY OF ACKNOWLEDGEMENT CARD SHOWING DUE SERVICE OF EXT-P4 REPRESENTATION FROM 1ST RESPONDENT EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE CBSE FOR GETTING AFFILIATION IN THE SCHOOL

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE