Kerala High Court
Hajara P vs State Of Kerala on 2 August, 2024
2024:KER:60820
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 25484 OF 2024
PETITIONERS:
1 HAJARA P.
AGED 59 YEARS
D/O. KUHAMMAD HAJI, MANAGER,
KUNHALIMARAKKAR HIGHER SECONDARY SCHOOL,
P.O KOTTAKKAL, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673521
2 SIRAJUDHEEN M A
AGED 50 YEARS
S/O. MAHAMOOD HAJI, HST(MATHEMATICS),
EMJAY VOCATIONAL HIGHER SECONDARY SCHOOL,
VILLIAPPALLY, KOZHIKODE DISTRICT, PIN - 673542
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY),
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DEO, VATAKARA, KOZHIKODE, PIN - 673104
OTHER PRESENT:
ADV NISHA BOSE-SR GP
WP(C) NO.25484 OF 2024 2
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.25484 OF 2024 3
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JUDGMENT
The petitioner, is the Manager of Kunhalimarakkar Higher
Secondary School, Kottakkal and the 2nd petitioner is at present
working as HST (Mathematics) in Emjay Vocational Higher
Secondary School, Villiapally, Kozhikode. The writ petition was
submitted by the petitioners seeking the following reliefs:-
"I) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 3 rd respondent
consider Ext.P2 application and to grant prior approval for
inter-management transfer of 2nd petitioner within a time
frame;
ii) Issue such other orders, writ or directions as this
Hon'ble Court may deem fit to grant.
Iii) It is also prayed that this Hon'ble Court may be
pleased to dispense with the production of translation of
vernacular documents produced in the writ petition."
2. It is averred that, the Headmaster of the School
managed by the 1st petitioner died on 21.07.2023. The School of
the 1st petitioner is a minority institution, and there was no
qualified Teachers eligible to be appointed as the Headmaster.
Therefore, the 2nd petitioner, who is working as HST (Mathematics)
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in Emjay Vocational Higher Secondary School, another aided
school under a different management, was proposed to be
appointed as the Headmaster and for the said purpose an inter-
management transfer was sought from the School of the 2 nd
petitioner to the School of the 1 st petitioner. Ext.P2 is the
application submitted in this regard, jointly by the petitioner, the
Manager of Emjay Vocational Higher Secondary School and the 2 nd
petitioner, seeking prior permission of the DEO as contemplated
under Rule 11(1) of Chapter XIVA of KER. Since the said application
was not considered, this writ petition was submitted seeking the
reliefs mentioned above.
3. Today when the matter came up for consideration, the
learned Government Pleader upon the instructions submitted that,
the Ext.P2 application submitted by the petitioners cannot be
considered, on two reasons, firstly, the 1 st petitioner, was not an
approved Manager as on the date of Ext.P3 and secondly, the
Manager of the Emjay Vocational Higher Secondary School, the co-
applicant in Ext.P2, was disqualified by the educational authorities
with effect from 12.04.2023.
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4. I have considered all the relevant aspects, and heard
both sides. As regard the first objection, namely, the lack of
approval of the 1st petitioner as the Manager, the learned Counsel
for the petitioner has produced Ext.P3 along with I.A No.1 of 2024
which is an order passed by the DEO dated 14.02.2024, as per
which the approval of the 1st petitioner as a Manager has been
granted with effect from 12.04.2023. It is to be noted that Ext.P2
application was submitted during the month of August 2023 and
hence it is evident tthat the 1st petitioner was the approved
Manager as on the date of Ext.P2. Therefore, there is no ground for
the first objection.
5. As far as the second objection is concerned, i.e.,
disqualification of the Manager of Emjay Vocational Higher
Secondary School in which the 2nd petitioner is presently working,
it is pointed out that, even though, he was disqualified, as per
order dated 20.05.2024 in W.P.(C) No.18145 of 2024 this court
stayed the implementation of the order disqualifying him. Even
otherwise, the disqualification of the Manager of Emjay Vocational
Higher Secondary School, was with effect from 09.05.2024
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whereas, Ext.P2 was much prior to that, i.e. August 2023.
Therefore, the fact that the Manager of the Emjay Vocational
Higher Secondary School was disqualified at a subsequent date
will not make the Ext P2 application invalid. In such circumstances,
I do not find any justifiable grounds to consider the objections
raised by the respondents against the inter-management transfer
sought by the petitioners.
In such circumstances, this writ petition is disposed of,
directing the 3rd respondent to take a decision on Ext.P2, and pass
appropriate orders thereon, in accordance with law, in the light of
observations made by this Court in this judgment. The orders in
this regard shall be passed within a period of one month from the
date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
ANK
2024:KER:60820
APPENDIX OF WP(C) 25484/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE NATIONAL
COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTION, GOVT. OF INDIA DATED
04.09.2008
EXHIBIT P2 TRUE COPY OF THE REQUEST, DECLARATION BY
1ST PETITIONER AND THE MANAGER OF THE
EMJAY VHSS AND THE APPLICATION FOR INTER-
MANAGEMENT TRANSFER DATED NIL AUGUST 2023
EXHIBIT P3 TRUE COPY OF THE ORDER NO.DEOVKA/
442/2024-B2 DATED 14.02.2024 ISSUED BY
THE 3RD RESPONDENT
