Sailaja Abdul Lathif vs State Of Kerala
2023 Latest Caselaw 4253 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         W.P.(C) NO.11228 OF 2023
PETITIONER:

              SAILAJA ABDUL LATHIF,
              AGED 56 YEARS, W/O. K.U. MUHAMMED MUSTAFFA,
              AJMI MANZIL, VIVEKANADA NAGAR 130,
              MAMOOTIL KADAVU,KAVANADU PO,KOLLAM-691 003.

              BY ADVS.
              ASHA BABU
              AMMU CHARLES


RESPONDENTS:

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

     2        THE DISTRICT COLLECTOR,
              DISTRICT COLLECTORATE, KOLLAM, PIN-691 013.

     3        CENTRAL BOARD OF SECONDARY EDUCATION
              REPRESENTED BY REGIONAL OFFICER,
              CTTC, ADMIN BLOCK, BSNL RTTC CAMPUS, KAIMANAM,
              THIRUVANANTHAPURAM, KERALA, PIN-695 040.

     4        THE DIRECTOR OF GENERAL EDUCATION,
              OFFICE OF DIRECTOR OF GENERAL EDUCATION,
              JAGATHI, THIRUVANANTHAPURAM-695 014.

     5        THE DISTRICT EDUCATION OFFICER,
              OFFICE OF DISTRICT EDUCATION OFFICER,
              CIVIL STATION, KOLLAM, PIN-691 013.

     6        THE OXFORD SCHOOL,
              UMAYANALLOOR, KOLLAM, KERALA, PIN-691 589
              REPRESENTED BY ITS MANAGER.
                               -2-
W.P.(C) NO.11228 OF 2023

     7     THE PRINCIPAL,
           THE OXFORD SCHOOL, PALATHARA,
           UMAYANALLUR P.O., KOLLAM, KERALA, PIN-691 589.

     8     CENTRAL BOARD OF SECONDARY EDUCATION,
           CBSE BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY
           STREET, PREET VIHAR, NEW DELHI, PIN-110 092
           REPRESENTED BY ITS CHAIRMAN

     9     SECRETARY,
           CENTRAL BOARD OF SECONDARY EDUCATION, CBSE
           BHAVAN, SHIKSHA KENDRA, 2, COMMUNITY STREET,
           PREET VIHAR, NEW DELHI, PIN-110 092.

  R1,R2,
         SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
  R4&R5

R3,R8&R9 SRI. NIRMAL S., STANDING COUNSEL, CBSE

     THIS WRIT PETITION      (CIVIL) HAVING COME UP         FOR
ADMISSION ON 31.03.2023,     THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                  -3-
W.P.(C) NO.11228 OF 2023




                    P.V. KUNHIKRISHNAN, J.
           -----------------------------------------------
                   W.P.(C) No.11228 of 2023
           -----------------------------------------------
            Dated this the 31st day of March, 2023

                            JUDGMENT

The above writ petition is filed with following prayers:

A] Call for the records relating to Exhibit P8 termination letter issued by the 6th respondent, verify and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

B] Declare that the petitioner is fully entitled to be reinstated back to 6th respondent school effective from 22.03.2021 with all consequential benefits and back wages.

C] Direct the 3rd respondent to take necessary action against the 6th respondent school for non compliance of directions issued in Exhibit P2 and P3 orders by issuance of a writ of mandamus, or any other appropriate writ order or direction.

D] Declare that the actions of the 6 th respondent school are in violation of CBSE byelaws and RTE Act

W.P.(C) NO.11228 OF 2023

and the termination of the petitioner is illegal and arbitrary.

E] This Hon'ble Court may be pleased to dispense with production of English translation of documents produced in vernacular language in the above Writ Petition.

F] Pass such other orders this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The impugned order in this writ petition is an

order of termination passed by the Manager of a CBSE

School. This Court cannot interfere with such an order

passed by a Manager of the CBSE School. Moreover, in

Sommy Kunjappan and another v. Central Board of

Secondary Education and others [2019 (2) KHC 1], it

is held that the writ petition under Article 226 of the

Constitution is not maintainable.

In the light of the above dictum, I am of the opinion

that this writ petition need not be entertained. But the

petitioner is free to approach the competent civil court to

W.P.(C) NO.11228 OF 2023

redress her grievance. Granting liberty to the petitioner to

raise all the contentions in the writ petition before the

competent civil court, this writ petition is closed.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr

W.P.(C) NO.11228 OF 2023

APPENDIX OF WP(C) 11228/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 07.11.2012

Exhibit P2 TRUE COPY OF THE ORDER DATED 09.11.2021 ISSUED BY THE 5TH RESPONDENT DISTRICT EDUCATION OFFICER, KOLLAM TO THE 6TH RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER DATED 30.06.2022 ISSUED BY THE 5TH RESPONDENT DISTRICT EDUCATION OFFICER, KOLLAM TO THE 6TH RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER DATED 15.02.2022 PASSED BY THE HUMAN RIGHTS COMMISSION

Exhibit P5 THE TRUE COPY OF THE LETTER SEND BY THE DISTRICT COLLECTOR , KOLLAM TO THE CBSE TRIVANDRUM REGIONAL OFFICER DATED 08.06.202

Exhibit P6 THE TRUE COPY OF COMPLAINT RECEIPT ISSUED BY KOLLAM CITY COMMISSIONER DATED 13.07.2022

Exhibit P7 TRUE COPY OF THE ENQUIRY REPORT DATED 03.12.2022

Exhibit P8 TRUE COPY OF THE TERMINATION LETTER DATED 16.01.2023 ISSUED BY THE 6TH RESPONDENT