Kerala High Court

Bindu Tm vs State Of Kerala on 27 June, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                  WP(C) NO. 20457 OF 2023
PETITIONER/S:

          BINDU TM, AGED 49 YEARS
          W/O RADHAKRISHNAN N.S. HEAD MISTRESS, SDV BOYS
          HIGH SCHOOL, ALAPPUZHA-688 001,
          RESIDING AT 'SOPANAM', CRA-54,
          PAZHAVEEDU P.O, ALAPPUZHA, PIN - 688001
          BY ADVS.
          D.P.RENU
          V.R.LAKSHMI


RESPONDENT/S:


    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY GENERAL EDUCATION
          DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          ALAPPUZHA OFFICE OF THE DEPUTY DIRECTOR OF
          EDUCATION, KODIVEEDU, ALAPPUZHA, PIN - 688001
    4     DISTRICT EDUCATIONAL OFFICER
          ALAPPUZHA OFFICE OF THE DISTRICT EDUCATIONAL
          OFFICER, COLLECTORATE,
          ALAPPUZHA, PIN - 688001
    5     MANAGER, SANATANA DHARMA VIDYASALA, REGISTERED
          OFFICE, BESANT HALL, S.D.V.G.H.S.,
          ALAPPUZHA, PIN - 688001
    6     S. VENU, HST (SANSKRIT) SDV BOYS HIGH SCHOOL,
          ALAPPUZHA, PIN - 688001
                                        -2-
W.P.(C) Nos.20006 & 20457 of 2023



OTHER PRESENT:


               SMT. NISHA BOSE, SR.GP, SMT.SURYA BINOY, GP


        THIS      WRIT      PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2023, ALONG WITH WP(C).20006/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       -3-
W.P.(C) Nos.20006 & 20457 of 2023



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                            WP(C) NO. 20006 OF 2023
PETITIONER/S:
          SANATANA DHARMA VIDYASALA
          REGISTERED OFFICE, BESANT HALL, S.D.V.G.H.S.,
          ALAPPUZHA - REPRESENTED BY ITS MANGER SHRI.S.
          RAMANAND, PIN - 688001
          BY ADVS.
          S.MUHAMMED HANEEFF
          M.H.ASIF ALI
          SWETHAMBILY C.
          RAJANA JOSE
RESPONDENT/S:
    1     DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
    2     DEPUTY DIRECTOR OF EDUCATION
          ALAPPUZHA OFFICE OF THE DEPUTY DIRECTOR OF
          EDUCATION, KODIVEEDU, ALAPPUZHA., PIN - 688001
    3     DISTRICT EDUCATIONAL OFFICER
          ALAPPUZHA OFFICE OF THE DISTRICT EDUCATIONAL
          OFFICER, COLLECTORATE, ALAPPUZHA, PIN - 688001
    4     S. VENU, HST (SANSKRIT) SDV BOYS HIGH SCHOOL,
          ALAPPUZHA., PIN - 688001
    5     STATE OF KERALA REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, GENERAL EDUCATION DEPARTMENT ( SOUGHT
          TO BE IMPLEADED )
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001
          ( SOUGHT TO BE IMPLEADED )
          BY ADV No Advocate
OTHER PRESENT:
          SMT. NISHA BOSE, SR.GP, SMT.SURYA BINOY, GP
        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, ALONG WITH WP(C).20457/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                     -4-
W.P.(C) Nos.20006 & 20457 of 2023



                            P.V.KUNHIKRISHNAN, J.
                           ======================================================

                      W.P.(C) Nos.20006 & 20457 of 2023
                        =============================================================

                      Dated this the 27th day of June, 2023

                                         JUDGMENT

These two writ petitions are connected and therefore, I am

disposing of these two writ petitions by a common judgment. The

prayers in these writ petitions are as follows:

WP(C) No. 20006 of 2023

"(i) Issue a writ of certiorari or any other appropriate writ order or direction setting aside Ext P7 order to the extent it directs the Manager to promote the 4th respondent to the post of Head Master of SDV Boys High School, Alappuzha.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass appropriate orders on Ext.P8 appeal/ representation submitted by the petitioner within time frame fixed by this Hon'ble Court, after affording an opportunity of hearing to the petitioner.

(ii) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(iv) Exempt the petitioner from filing English translation of vernacular documents produced in the above case." (sic)

W.P.(C) Nos.20006 & 20457 of 2023

WP(C) No.20457 of 2023

"(i) Call for the records leading to Ext P4 report of the 3 rd respondent, Ext P5 proceedings issued by the 5th respondent as well as Ext P6 order issued by the 3rd respondent and set aside the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

(ii) Call for the records leading to Ext P7 & P8 orders and set aside the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4 th respondent to approve the appointment of the petitioner as Head Mistress of S.D.V Boys High School, Alappuzha w.e.f 01.06.2020 within time frame fixed by this Hon'ble Court.

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass appropriate orders on Ext P9 revision submitted by the petitioner within time frame fixed by this Hon'ble Court.

(v) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(vi) Exempt the petitioner from filing English translation of vernacular documents produced in the above case." (sic)

revision before the 1st respondent against Exts.P7 and P8. The

W.P.(C) Nos.20006 & 20457 of 2023

petitioner in WP(C) No.20006 of 2023 is filed Ext.P8 against Ext.P7

order before the Director General of Education.

3. After hearing both sides, I am of the opinion that Ext.P9 in

decided by the Director General of Educational. The Government can

the Director General of Education, so that the Director General of

Education can consider these revisions together.

Therefore, these writ petitions are disposed of in the following

manner:

1. The 1st respondent in WP(C) 20457 of 2023 is directed to forward Ext.P9 to the 2nd respondent, within two weeks from the date of receipt of a certified copy of this judgment.

2. Once Ext.P9 in WP(C) 20457 of 2023 is received, the Director General of Education will consider the same along with Ext.P8 in WP(C) 20006 of 2023 and pass appropriate orders in it, after giving an opportunity of hearing to both the petitioners and other affected parties and also the manager, as

W.P.(C) Nos.20006 & 20457 of 2023

expeditiously as possible, at any rate within three months from the date of receipt of Ext.P9.

3. The petitioners will produce the stamped certified copy of this judgment along with the copy of these writ petitions before the 1st respondent and the Director General of Education for compliance.

4. Till final orders are passed as directed above by the Director General of Education, status-quo as on today will continue.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C) Nos.20006 & 20457 of 2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DT.

                   22.10.2019
Exhibit P2         A TRUE COPY OF THE G.O. NO
                   4528/2022/GEDN DT. 04.08.2022
Exhibit P3         A TRUE COPY OF THE JUDGMENT IN

S.C.NO.467/2020 OF THE HON'BLE SPECIAL COURT FOR TRIAL OF POCSO CASES (ADDL. SESSIONS COURT-I), ALAPPUZHA DT.

31.01.2023 Exhibit P4 A TRUE COPY OF THE ENQUIRY REPORT DT.

NIL SUBMITTED BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE PROCEEDINGS ISSUED BY THE PETITIONER DT. 05.04.2023 Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THE HON`BLE HIGH COURT DT. 31.03.2023 IN WP (C) 11654 OF 2023 Exhibit P7 A TRUE COPY OF THE ORDER BEARING NO.

B2/350443/2021/DDE DT. 29.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT 06.06.2023

W.P.(C) Nos.20006 & 20457 of 2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT.30.05.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P2 A TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATION ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT DT. 22.10.2019 Exhibit P3 A TRUE COPY OF THE JUDGMENT DT.

31.01.2023 IN SC NO. 467/2023 OF POCSO SPECIAL COURT, ALAPPUZHA Exhibit4 A TRUE COPY OF THE ENQUIRY REPORT OF THE 3RD RESPONDENT DT. NIL Exhibit P5 A TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DT. 05.04.2023 Exhibit P6 A TRUE COPY OF THE ORDER DT. 29.05.2023 ISSUED BY 3RD RESPONDENT Exhibit P7 A TRUE COPY OF ORDER BEARING NO B2/17131/2020 DT. 23/03.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P8 A TRUE COPY OF THE ORDER BEARING NO.

B2/213504/021 DT. 31.03.22 ISSUED BY THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE REVISION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 07.06.2023