Kerala High Court
Vimala Hridaya High School vs State Of Kerala on 29 February, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
WA NO.295 OF 2024
AGAINST THE JUDGMENT DATED 25.01.2024 IN WP(C) 30465/2021
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APPELLANTS:
1 VIMALA HRIDAYA HIGH SCHOOL, VIRALY,
UCHAKKADA.P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS CORPORATE MANAGER,
PIN - 695506.
2 SR REXIA MARY, AGED 55 YEARS,
D/O. LATE ALBERT, MANAGER,
VIMALA ELIDAYA HIGH SCHOOL, VIRALY,
UCHAKKADA P.O., NEYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695506.
BY ADVS.
P.CHANDRASEKHAR
P.V.VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY
TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, E-MAIL ID-
SECY.GEDU@,KERALA.GOVT.IN, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION(DGE),
OFFICE OF THE DGE, JAGATHY,
THIRUVANANTHAPURAM, E-MAIL ID DIRECTOR.GE@
KERALA.GOV.IN, PIN-95014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KILLIPPALAM, CHALAI.P.O.,
W.A.Nos.289 & 295/2024 2
THIRUVANANTHAPURAM E-MAIL ID DDETVM. DGE@
KERALA.GOV.IN, PIN CODE-695036.
4 THE DISTRICT EDUCATIONAL OFFICER(D.E.O),
OFFICE OF THE D.E.O AT NEYYATTINKARA E-MAIL ID
[email protected], PIN695121.
5 ANITHA.K.R, TEACHER, AGED 53 YEARS,
VIMALA HRIDAYA HIGH SCHOOL, VIRALY,
UCHAKKADA.P.O, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, E-MAIL ID,
PIN - 695506.
6 SR.SHERLY W., AGED 52 YEARS,
D/O.WILLIAM, TEACHER IN -CHARGE,
VIMALA HRIDAYA HIGH SCHOOL, VIRALY,
UCHAKKADA.P.O, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, E-MAIL ID SR.
SHERLYIPHIN @ GMAILCOM, PIN-95506.
BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29.02.2024,
ALONG WITH WA.289/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A.Nos.289 & 295/2024 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
WA NO. 289 OF 2024
AGAINST THE JUDGMENT DATED 25.01.2024 IN WP(C) 40718/2022
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APPELLANT:
VIMALA HRIDAYA HIGH SCHOOL,
VIRALY, UCHAKKADA P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
CORPORATE MANAGER, PIN - 695506.
BY ADVS.
P.CHANDRASEKHAR
P.V.VENUGOPAL
RESPONDENTS:
1 ANITHA K.R., AGED 54 YEARS,
TEACHER, VIMALA HRIDAYA HIGH SCHOOL,
VIRALY, UCHAKKADA P.O., NEYYATINKARA,
THIRUVANANTHAPURAM, RESIDING AT ANITHA NIVAS,
EITHUKONDAKAM, AMARAVILA P.O.,
THIRUVANANTHAPURAM, PIN - 695122.
2 DIRECTOR OF PUBLIC INSTRUCTION,
DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014.
W.A.Nos.289 & 295/2024 4
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KILLIPPALAM, CHALAI P.O., THIRUVANANTHAPURAM,
PIN - 695036.
4 SMT.SHERLY W., TEACHER-IN-CHARGE, VIMALA
HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA P.O.,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM,
PIN - 695506.
BY SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29.02.2024,
ALONG WITH WA.295/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A.Nos.289 & 295/2024 5
JUDGMENT
[W.A.Nos.295/2024 & 289/2024]
A.Muhamed Mustque, J.
The vacancy in the school arose on 01.06.2020. The
Manager made a temporary appointment appointing a
teacher-in-charge, Sr.Sherly in the above vacancy.
Admittedly, Smt.Anitha K.R., a teacher with 20 years of
service, is the only qualified teacher in the school for
appointment to the post of Headmaster/Headmistress.
On a complaint made by Anitha K.R., the Deputy Director
of Education found that giving a temporary charge to an
unqualified person is illegal and directed to appoint
Anitha K.R. as Headmistress. This was called in question
before the learned Single Judge. Anitha K.R. also
approached this Court to implement the order. The
learned Single Judge found that Anitha K.R. is the only
qualified candidate for appointment as Headmistress and
directed the Manager to appoint her as Headmistress.
The learned Single Judge further ordered that on failure,
proceedings shall be initiated against the Manager under
Chapter XIV of the Kerala Education Rules, 1959 (for
short, KER). The common order is called in question by
the Manager.
2. We heard the learned counsel for the
appellants Sri.P.Chandrasekhar at length.
3. The learned counsel for the appellants
submitted that the learned Single Judge erred in
declaring that Anitha K.R. is entitled to be appointed as
Headmistress as the power to appoint Headmistress falls
within the domain of the Manager. Further it was argued
that Anitha K.R. had relinquished the claim for
appointment as Headmistress and therefore, she cannot
now claim for appointment as Headmistress.
4. After adverting to the facts and circumstances,
we note that when the vacancy arose on 01.06.2020, no
other teacher was qualified. The teacher in charge had
only 9 years of experience. Under the relevant provisions
of KER, only a qualified teacher who has continuous
experience of 12 years alone can be appointed as
Headmaster/Headmistress. We do not find any error in
the impugned judgment warranting interference by this
Court. The declaration has been given by the learned
Single Judge, finding that the Manager failed to
discharge the statutory duties cast upon him under the
law. It is in that context, the declaration has been given
and Anitha K.R. is entitled to be appointed as
Headmistress. Absolutely, no merit in these writ appeals.
Accordingly, the writ appeals are dismissed.
The Manager is directed to comply with the order
within one week from today.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE CERTIFICATE ISSUED TO
THE 4TH RESPONDENT FOR HAVING PASSED
ACCOUNT TEST LOWER.
ANNEXURE A2 A TRUE COPY OF THE CERTIFICATE
DATED21-02-2022 ISSUED TO THE 4TH
RESPONDENT FOR HAVING PASSED THE TEST
IN KERALA EDUCATION ACT AND RULES.
ANNEXURE A3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01-06-2023 OF THE APPELLANT.
PETITIONERS' ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE CERTIFICATE ISSUED
TO THE 6TH RESPONDENT FOR HAVING
PASSED ACCOUNT TEST LOWER
ANNEXURE A2 A TRUE COPY OF THE CERTIFICATE DATED
21 -02-2022 ISSUED TO THE 6TH
RESPONDENT FOR HAVING PASSED THE TEST
IN KERALA EDUCATION ACT AND RULES
ANNEXURE A3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01-06-2023 OF THE 2ND APPELLANT
