Kerala High Court
The Manager, T.I.Higher Secondary ... vs The State Of Kerala on 4 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 30946 OF 2013
PETITIONERS:
1 THE MANAGER, T.I.HIGHER SECONDARY SCHOOL
KASARAGOD DIST
2 T P MUHAMMED ALI
PRINCIPAL, T I HIGHER SECONDARY SCHOOL,
NAIMARMOOLA, KASARAGOD DIST
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REP BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT , SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
KOZHIKODE-673020
3 SMT.J NABEESATHU BEEVI
HIGHER SECONDARY SCHOOL TEACHER, T I HIGHER
SECONDARY SCHOOL, NAIMARMOLA P O, VIDYANAGAR-
671129, KASARAGOD DIST
BY ADVS.
SRI.V.C.JAMES
SRI.K.KUNHIKRISHNAN
OTHER PRESENT:
SRI. BIJOY CHANDRAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C) No.30946 of 2013
-------------------------------
Dated this the 4th day of April, 2024
JUDGMENT
The challenge in this writ petition is against
Ext.P5 order of the Regional Deputy Director of Higher
Secondary Education authorising the 3rd respondent to
act as 'Principal-in-charge' of T.I.Higher Secondary
School, Nairmarmola.
2. 1st petitioner is the Manager of the School.
The 2nd petitioner is the 'Principal' appointed by the
Manager.
3. As is evident from Ext.P1, the School has
Minority Status. The post of the 'Principal' fell vacant
on 01/04/2013. The 1st petitioner appointed the 2 nd
petitioner as 'Principal'. The 3 rd respondent, who is
senior to the 2nd petitioner and who aspired for the post
of 'Principal', submitted a complaint before the
WP(C) NO.30946 OF 2013
Regional Deputy Director. The authority passed Ext.P3
order holding that the 3 rd respondent being senior, is
entitled to be appointed to the post of 'Principal'.
4. Accordingly, the Manager was directed to issue
appointment order to the 3rd respondent as 'Principal'.
Noticing that there is delay in complying with the
directions, the Regional Deputy Director issued Ext.P5
order authorising the 3rd respondent to act as
'Principal-in-charge'. It is accordingly that the
petitioners have approached this Court.
5. I have heard Smt.P.A.Jenzia, the learned
counsel for the petitioners and Sri.Binoy Chandran, the
learned Senior Government Pleader for the respondents.
6. The rights of Minority institutions with
regard to appointment of 'Principal' has been laid down
by the Apex Court in Secretary, Malankara Syrian
Catholic College v. T.Jose and Others [2007 (1) KLT 22].
WP(C) NO.30946 OF 2013
It is not in dispute that the 2 nd petitioner is
qualified for the post of 'Principal'.
7. Challenging Ext.P3 order, the 1 st petitioner
has preferred Ext.P4 appeal before the 1 st respondent.
Admittedly, the same is yet to be disposed of.
8. This Court, at the time of admitting the writ
petition on 13/12/2013, permitted the 2 nd petitioner to
continue to act as the Principal. In the light of the
above, it would be sufficient if the 1 st respondent
hears and dispose of the appeal expeditiously and the
status quo continues.
In the circumstances, this Writ Petition is
allowed. Ext.P5 order of the 2 nd respondent will stand
quashed. The 1st respondent is directed to hear and pass
appropriate orders on Ext.P4 appeal, with due notice to
the petitioners and 3rd respondent, and having due
regard to the law laid down by the Apex Court as noticed
WP(C) NO.30946 OF 2013
supra. The interim order passed by this Court permitting
the 2nd petitioner to continue as Principal shall
operate till the disposal of the appeal.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.30946 OF 2013
APPENDIX OF WP(C) 30946/2013
PETITIONER EXHIBITS
P1:-TRUE COPY OF THE ORDER OF THE
NATIONAL COMMISISON FO MINORITY
EDUCATION INSTITUTIONS DTD 23/8/2013
P2:-TRUE COPY OF THE PROPOSAL OF THE
MANAGER DTD 19/4/2013 ALONG WITH THE
SENIORITY LIST
P3:-TRUE COPY OF THE ORDER NO
A3/4419/2013 OF THE 2ND RESPONDENT DTD
6/11/2013
P4:-TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DTD
30/11/2013
P4(A):-TRUE COPY OF THE STAY PETITION
FILED ALONG WITH THE REVISION PETITION
DTD 30/11/2013
P5:-TRUE COPY OF THE ORDER NO A3/4419/13
DTD 6/12/2013 OF THE 2ND RESPONDENT
P6:-TRUE COPY OF THE LIST OF TEACHERS
FOR PAY AND ALLOWANCES
