Kerala High Court
Nasarudeen Moolatharayil vs State Of Kerala on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 6517 OF 2023
PETITIONERS:
1 NASARUDEEN MOOLATHARAYIL
AGED 46 YEARS
S/O AHAMMEDKUNJU, RESIDING AT N.S HOUSE,
PADINJATTAMKIZHAKKU, SOORANADU - P.O.,
KOLLAM, PIN - 690522
2 ANEESH AYANTHIYIL
AGED 39 YEARS
S/O ABDUL AZEEZ, AYANTHIYIL VEEDU,KAMBALADY,
PORUVAZHI, P.O, KOLLAM, PIN - 690520
3 RASHEEDA SAJEEV
AGED 47 YEARS
W/O SAJEEV, KAMBIVILAP PADINJATTATHIL,
SOORANADU P.O,PORUVAZHI, KOLLAM, PIN - 690522
4 CHAKKUVALLI NAZEER
AGED 50 YEARS
S/O HANEEFA RAWTHER, KUZHUVELIL PADINJATTETHIL,
PALLIMURI, SOORANADU P.O, PORUVAZHY,
KOLLAM, PIN - 690522
BY ADV N.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, 2ND FLOOR,
SECRETARIAT ANNEXE-1,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
GOVERNMENT OF KERALA, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
GOVERNMENT OF KERALA, KOLLAM- ELAMPALLOOR ROAD,
THEVALLI NAGAR KOLLAM, PIN - 691009
4 DISTRICT EDUCATION OFFICER
KOTTARAKARA, KOTTARAKARA- P.O.,
KOLLAM, PIN - 691506
5 THE PRINCIPAL, GOVERMENT HIGHER SECONDARY SCHOOL
PORUVAZHI, SASTHAMKOTTA, SOORANADU SOUTH P.O, KOLLAM
SCHOOL CODE (02113), PIN - 690520
WP(C) NO. 6517 OF 2023
2
OTHER PRESENT:
SMT. NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 6517 OF 2023
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 6517 OF 2023
===================
Dated this the 1st day of March 2023
JUDGMENT
The above writ petition is filed with the following
prayers;
" i. Call for the records leading to Exts. P6 to P8;
ii. Declare that Exhibits P6 to P8 are
unsustainable in the eyes of law;
iii. Issue a writ of mandamus or other appropriate
direction to the respondents to permit the executive
members as evidenced in Ext. P3 to P5 including the
petitioners to assume the charge of members of the
respective committees and to further elect their president
and vice president as the case may be within a reasonable
time.
iv. Issue appropriate writ, order or direction as
this Hon'ble Court deem fit, just and necessary in the
interest of justice to the petitioner and award of the cost of
the writ petition.
v. Petitioners also pray that this Hon'ble Court
may be pleased to dispense with the translation of the
documents produced in the vernacular language" (SIC)
2. It is the case of the petitioners that, they are
elected members of the executive committees of Parent
Teachers Association (PTA), School Management Committee
WP(C) NO. 6517 OF 2023
(SMC) and Mother Parent Teachers Association (MPTA) of 5 th
respondent school, made by the members of the general
body in the election conducted on 10.12.2022. The
petitioners relied Exts. P3 to P7 to show that they are
elected members. It is submitted that election was actually
proposed on 28.11.2022 and because of some reasons it
was adjourned to 05.10.2022 and ultimately it was
conducted on 10.12.2022. According to the petitioners, as
evident by Exts. P1 and P2, all parents of the children of the
school were requested to be present and participate in the
general body as well as election. It is also the submission of
the petitioners that all parents were aware of the election
from 28.11.2022 and therefore they had sufficient time to
involve in the election. According to the petitioners, those
parents who were kept away from election cannot now make
complaint and get an opportunity for election afresh. The
grievance of the petitioners is that, the 3 rd respondent
cancelled the election as per Exts. P7 and P8 based on a
complaint submitted by some of the parents of the students.
Aggrieved by the same, this writ petition is filed.
WP(C) NO. 6517 OF 2023
3. Heard the learned counsel for the petitioners and
the learned Government Pleader.
4. The short point raised by the petitioners in this
case is that, Exts.P7 and P8 are unsustainable for the simple
reason that the complaint based on which these orders were
passed was not even furnished to the petitioners. The
petitioners submit that, who submitted the complaint is also
not known to the petitioners.
5. When this writ petition came up for consideration
on 27.02.2023, this Court directed the learned Government
Pleader to get instructions, whether the copy of the
complaint was served to the petitioners before proceeding to
pass Exts.P7 and P8. After getting instructions, the learned
Government Pleader submitted that, the complaint was
submitted by some of the parents of the students and it is a
fact that the copy of the complaint is not served to the
petitioners. But, the learned Government Pleader submitted
that an enquiry was conducted and thereafter, Exts.P7 and
P8 are passed. I think, there is some force in the arguments
of the petitioners. Exts.P7 and P8 are orders passed
WP(C) NO. 6517 OF 2023
cancelling the election of the petitioners as the office
bearers of the PTA. Exts.P7 and P8 are passed based on a
complaint submitted by some of the parents of the students
of the same school. But without giving a copy of those
complaint and without knowing what is the complaint
against the petitioners, the 3 rd respondent ought not have
passed Exts.P7 and P8. For that simple reason Exts.P7 and
P8 can be set aside. If the 3rd respondent want to proceed
with the matter, the copy of the complaint submitted should
be served to the petitioners and the petitioners should be
given an opportunity of hearing to adduce evidence to
substantiate their case.
Therefore, this writ petition is allowed in the following
manner;
i. Exts.P7 and P8 are set aside.
ii. The 3rd respondent is directed to give a copy of the
complaint alleged to be submitted by the parents of the
students to the petitioners within one week from the date of
receipt of a copy of this judgment.
iii. Thereafter, the 3rd respondent will give an
WP(C) NO. 6517 OF 2023
opportunity of hearing to the petitioners and the parents
who submitted the complaint. Thereafter, the 3 rd respondent
will pass appropriate orders in accordance with law, as
expeditiously as possible, at any rate, within three weeks
from the date on which the hearing is completed.
iv. Petitioners will produce a certified copy of this
judgment, along with a copy of this writ petition before the
3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 6517 OF 2023
APPENDIX OF WP(C) 6517/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF PTA ANNUAL GENERAL BODY
MEETING DATED 28.11.2022
EXHIBIT P2 A TRUE COPY OF NOTICE DATED 26.11.2022
ISSUED BY THE ELECTION OFFICER/PRINCIPAL
OF THE GOVERNMENT HIGHER SECONDARY
SCHOOL, PORUVAZHI IN THE MATTER OF
ELECTION OF PTA, MPTA AND SMC 2022-23
EXHIBIT P3 A TRUE COPY OF LISTED MEMBERS DATED
10/12/2022 TO THE PTA COMMITTEE ISSUED
BY THE 4TH RESPONDENT
EXHIBIT P4 A TRUE COPY OF LIST OF MPTA ELECTED
MEMBERS DATED 10.12.2022
EXHIBIT P5 A TRUE COPY OF LIST OF ELECTED MEMBERS
TO THE SMC DATED 10.12.2022
EXHIBIT P6 A TRUE COPY OF NOTICE DATED 16.02.2023
IN REGARD TO THE ELECTION TO PTA MPTA
SMC ELECTION 2022-23 OF GOVERNMENT
HIGHER SECONDARY PORUVAZHI
EXHIBIT P7 A TRUE COPY OF ORDER NO.C6/5933/2022
DATED 03.01.2023 ISSUED BY SHRI LAL,
K.I., DEPUTY DIRECTOR OF EDUCATION,
KOLLAM
EXHIBIT P8 A TRUE COPY OF ORDER NO C6/5933/2022/DGE
DATED 04.02.2023.
EXHIBIT P9 A TRUE COPY OF G.O.(RT) No. 126/2007.G.
EDN.DATED 25.06.2007.
// True Copy // PA To Judge
