Kerala High Court
Cisly C.K vs The Regional Officer, Cbse ... on 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9th DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 3893 OF 2013
PETITIONER:
CISLY C.K.
W/O SUBASH, PULIPPARAMBIL HOUSE, P.O.
VATANAPPALLY, THRISSUR DISRICT.
BY ADV SRI.P.K.MANOMOHANAN
RESPONDENTS:
1 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION
PLOT NO.1630 A, J BLOCK, 16TH MAIN ROAD,
ANNANAGAR WEST, CHENNAI-600040.
2 MEMBER SECRETARY
CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI-110 092.
3 THE MANAGER
MADAR ENGLISH SHCOOL, P.O. VATANAPPALLY,
THRISSUR DISTRICT-680 614.
4 THE PRINCIPAL
MADAR ENGLISH SCHOOL, P.O.
VATANAPPALLY, THRISSUR DISRICT-680614.
BY ADVS.
SRI.NIRMAL S., SC, CBSE
SRI.K.M.ABDUL MAJEED
K.M.ABDUL MAJEED
TPM.IBRAHIM KHAN (SR.)
OTHER PRESENT:
SMT.VINITHA.B.(SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.06.2023, THE COURT ON 09.06.2023 DELIVERED THE
FOLLOWING:
WP(C)No.3893 of 2013
2
MOHAMMED NIAS. C.P.,J
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WP(C)No.3893 of 2013
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Dated this the 9th day of June, 2023
JUDGMENT
The petitioner has filed this writ petition seeking a direction to
consider Ext.P7 representation filed by her before the first respondent
Regional Officer, Central Board of Secondary Education (CBSE)
Chennai seeking arrears of salary due to her. The petitioner states that
she was a teacher working in the Mather English School, Vadanappally,
Thrissur, of which the third respondent is the Manager and the 4th
respondent is the Principal.
2. This Court passed an order on 25.8.2021 requiring the
CBSE to get instructions on whether any decision was taken on
Ext.P7. A statement was filed on 6.10.2021 stating that after the
receipt of Ext.P7 representation by them, they had sought the para-
wise comments from the 4th respondent. The management had also
intimated that they had filed WP(C)No.3492 of 2011 against the
petitioner and the educational authorities for having issued a notice to
the school. The first respondent also submits in the statement that,
WP(C)No.3893 of 2013
though CBSE is an authority amenable to the jurisdiction of this Court
under Article 226 of the Constitution of India, it cannot be used to
enforce a contract of personal service, including all matters relating to
the service that of the employee - including confirmation, suspension
termination, etc. and this view is taken in the decision reported in
Sommy Kunjappan v. Central Board of Secondary Education and
others [2019(1) KLT 864] and has been followed in the judgment in
WP(C)No.10980/2019 as well. In the instant case, it is clear that the
writ petition cannot be said to be maintainable. It is also pointed out
that Ext.P7 representation was preferred when the earlier affiliation
byelaws of the CBSE were in force, which was later amended in 2018.
As per the current CBSE byelaws, any teacher who is aggrieved in
connection with their service conditions and pay can approach the
school management of the respective school itself. The schools are also
directed to comply with the norms given in the Acts/ Rules of the
State/UT and of the CBSE regarding terms and conditions of service
and other rules governing recognition/affiliation of the school and to
strictly adhere to them as per byelaw 8.4.14. It is also a requirement of
the school management committee to look into the welfare of teachers
and employees of the school as per byelaw 8.4.3. The statement filed
on behalf of respondents 1 and 2 are recorded. Accordingly, this writ
petition is closed without prejudice to the right of the petitioner to
approach the school management committee in terms of the applicable
byelaw, in which event the management will take a decision in
WP(C)No.3893 of 2013
accordance with law and the bye laws applicable, with notice to the
petitioner, without delay.
The Writ petition is disposed as above
Sd/-MOHAMMED NIAS. C.P.,JUDGE
dlK 3.6.2023
WP(C)No.3893 of 2013
APPENDIX OF WP(C) 3893/2013
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER
DATED BIL APPOINTING FROM 01.06.2001
EXHIBIT P2: TRUE COPY OF THE REPRESENTATION BY ALL TEACHERS
DATED 15.7.2008 TO RESPONDENT NO.4
EXHIBIT P3: TRUE COPY OF SHOW CAUSE NOTICE DATED 06.01.2010
BY RESPONDENT NO.3 TO THE PETITIONER.
EXHIBIT P4: TRUE COPY OF REPLY TO SHOW CAUSE NOTICE DATED
8.1.2010 BY PETITIONER TO RESPONDENT NO.3
EXHIBIT P5: TRUE COPY OF LETTER DATED 17.01.2012 TO PROVIDENT
FUND COMMISSIONER BY PETITIONER.
EXHIBIT P6: TRUE COPY OF ORDER OF THIS HON'BLE COURT IN
WP(C)NO.7043/2012 DATED 30.03.2012 TO APPROACH CBSE
EXHIBIT P7: TRUE COPY OF REPRESENTATION DATED 27.06.2012 BY
THE PETITIONER TO RESPONDENT NO.1
EXHIBIT P8: TRUE COPY OF RELEVANT PART OF MALAYALAM DAILY
'MATHRUBHOOMI' DATED 20.12.2012.
EXHIBIT P8: PHOTOCOPY COPY OF THE EXPERIENCE CERTIFICATE
ISSUED BY THE RESPONDENT NO.4 DATED 4.10.2004
EXHIBIT P9: PHOTOSTAT COPY OF THE EXPERIENCE DEGREE
CERTIFICATES OF BSC AND BED OF THE PETITIONER
RESPONDENTS EXHIBITS
EXHIBIT R3A: A PHOTOSTAT COPY OF THE PRELIMINARY OBJECTION
DATED 07.08.2012 SUBMITTED BY THE 4TH RESPONDENT PRINCIPAL
BEFORE THE FIRST RESPONDENT.
EXHIBIT R3B: A PHOTOSTAT COPY OF THE PARAWISR COMMENTS
FURNISHED ON 26.10.2012 BY THE 4TH RESPONDENT PRINCIPAL
BEFORE THE FIRST RESPONDENT
EXHIBIT R1(a): TRUE COPY OF THE LETTER DATED 26.10.2012
