Kerala High Court
The Manger (Sabitha Em @ Sabitha ... vs State Of Kerala on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 38982 OF 2023
PETITIONER:
THE MANGER (SABITHA EM @ SABITHA SUBHASH)
AGED 52 YEARS
WIFE OF SUBHASH MURUGAN., MANAGER SNDP HSS NEELEESWARAM
KALADY , ERNAKULAM (RESIDING AT POOTHELY (H),
NEELEESWARAM P.O, KALADY ERNAKULAM,- 683574), PIN -
683574
BY ADV K.A.MANZOOR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER
MINI CIVIL STATION, ALUVA, ERNAKULAM., PIN - 683101
5 THE SECRETARY
SNDP YOGAM BRANCH NO. 862 NEELEESWARAM WEST,
NEELEESWARAM P.O KALADY, ERNAKULAM ., PIN - 683574
6 THE HEADMASTER
SNDP HSS NEELEESWARAM KALADY , ERNAKULAM, PIN - 683574
7 THE PRINCIPAL
W/O OF SURESH KALAPURAKKAL (H), KOTTAMAM NEELEESWARAM,
KALADY ERNAKULAM, PIN - 683574
8 SINDHU V G @ SINDHU SURESH
KALAPPURAKKAL HOUSE, KOTTAMAM, NEELEESWARAM KALADY
ERNAKULAM, PIN - 683574
BY ADV A.N.RAJAN BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.38982 of 2023
2
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.38982 of 2023
---------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"(i) issue a writ of mandamus or other
appropriate writ, order or direction commanding
the 4th Respondent to approve the appointment
of the Petitioner as Manager of the School w.e.f
08.10.2023, forthwith.
(ii) issue a writ of mandamus or other appropriate
writ order or direction commanding the 4th
Respondent to consider and pass appropriate
orders upon Exhibit P-11 after affording an
opportunity of being heard to the Petitioner
within a time limit.
(iii) issue a writ of mandamus restraining the 8th
Respondent from affecting any appointments and
admission of students in the Management quota
in the School.
(iv) issue writ of mandamus or other appropriate
writ order or direction directing the 4th
Respondent remove the name of the 8th
Respondent and to cancel the password of 8th
Respondent in the samanawaya portal and
provide username and password to the Petitioner
in the samanawaya portal.
(v) to dispense with filing of English translation of
vernacular documents produced along with the
Writ Petition.
(vi) pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant
in the circumstances of the case." [SIC]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that
Ext.P11 is dismissed as per Ext.P12 and the same is
challenged before the 2nd respondent by filing Ext.P14.
3. Heard the learned counsel for the petitioner and,
the learned Government Pleader and the learned Standing
Counsel appearing for the 8th respondent.
4. After hearing both sides, I think there can be
direction to the 2nd respondent to consider Ext.P14, after
giving an opportunity of hearing to the petitioner and other
affected parties, within a time frame.
Therefore, this writ petition is disposed of with the
following directions:-
1) The 2nd respondent is directed to consider
and pass appropriate orders in Ext.P14, after
giving an opportunity of hearing to the
petitioner and respondent Nos.5 to 8, as
expeditiously as possible, at any rate, within a
period of three months from the date of receipt
of a certified copy of this judgment.
2) Any action based on Ext.P12 will be
subject to the result of the final order passed in
Ext.P14.
3) The petitioner will produce a certified copy
of this judgment along with a copy of the writ
petition with exhibits before the 2nd respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 38982/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL
DEPUTY DIRECTOR OF PUBLIC INSTRUCTION,
ERNAKULAM VIDE ORDER NO.K.DIS G4/8116/72
DATED 28.03.1972 ALONG WITH THE BYLAW
EXHIBIT P2 TRUE COPY OF THE AMENDED BY LAW OF THE SNDP
HS SCHOOL, NEELEESWARAM
EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 11.12.2022
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE EXECUTIVE
COMMITTEE MEETING OF SNDP YOGAM BRANCH NO.
862 HELD ON 19.06.2023
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR CHANGE OF
MANAGER DATED 08.10.2023 ALONG WITH COVERING
LETTER VIDE NO.MGR/2023 DATED 19.06.2023
EXHIBIT P6 TRUE COPY OF THE LETTER OF THE EDUCATIONAL
OFFICER VIDE NO. DEOALV/2483/2023-B3 DATED
17.09.2023
EXHIBIT P7 TRUE COPY OF THE NOTICE OF THE SNDP MEETING
DATED 04.10.2023
EXHIBIT P8 TRUE COPY OF THE NOTICE PUBLISHED IN KERALA
KAUMUDHI DAILY DATED 05.10.2023 IN KOCHI
EDITION
EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE SNDP MEETING
DATED 08.10.2023
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE DISTRICT
EDUCATIONAL OFFICER, ALUVA VIDE NO.MGR/2023
DATED 09.10.2023
EXHIBIT P11 TRUE COPY OF THE APPLICATION FOR CHANGE OF
MANAGER IN THE PRESCRIBED FORM ALONG WITH
COVERING LETTER NO.MGR/2023 DATED 09.10.2023
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 26.11.2023
ISSUE BY THE 4TH RESPONDENT TO PRESIDENT OF
SNDP YOGAM BRANCH.
EXHIBIT P-13 TRUE COPY OF THE TRACK RECORD OF THE POSTAL
ARTICLE OF EXHIBIT P-12 SHOWING THAT
REGISTERED ON 30.11.2023.
EXHIBIT P-14 TRUE COPY OF THE APPEAL MEMORANDUM DATED
04.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE DIRECTOR.
EXHIBIT P-15 TRUE COPY OF THE LEAVE LETTER OF
SRI.K.M.SUDHARKARAN FROM THE POST OF
PRESIDENSHIP DATED 08.10.2023
EXHIBIT P-16 TRUE COPY OF THE LETTER DATED 09.10.2023
RESPONDENT EXHIBITS
EXHIBIT R8(A) TRUE COPY OF THE ORDER NO.DEOAL VB/107/2023-
B-3 DATED 18/01/2023 ISSUED BY D.E.O. ALWAYE
EXHIBIT R8(B) TRUE COPY OF THE REPLY UNDER RTI ACT FROM
THE PUBLIC INFORMATION OFFICER OF DEO VIDE
LETTER NO.DEOAL-2586 ISSUED BY DEO. ALWAYE
EXHIBIT R8(C) A TRUE COPY OF THE JUDGMENT IN
EXHIBIT R8(D) TRUE COPY OF THE ORDER DATED 03/10/2023
SUSPENDING THE SECRETARY AND PRESIDENT
EXHIBIT R8(E) A TRUE COPY OF THE LETTER SENT BY
K.M.SUDHAKARAN (EX-PRESIDENT) TO CONVENOR ,
KUNNATHUNADU SNDP UNION
EXHIBIT R8(F) A TRUE COPYOF THE REPORT DATED05/10/2023
EXHIBIT R8(G) TRUE COPY OPF THE PROCEEDINGS OF THE YOGUM
COUNCIL DATED 19/10/2023
