Sudheer.K.V vs State Of Kerala
2024 Latest Caselaw 33178 Ker

Kerala High Court

Sudheer.K.V vs State Of Kerala on 15 November, 2024

                                                2024:KER:85828

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                 WP(C) NO. 42141 OF 2018

PETITIONER:

         SANDHYA K.V
         AGED 40 YEARS, D/O.LAKSHMI,
         LAKSHMI NIVAS, AICHU P.O.,
         KANNUR -670 591

         BY ADVS.
         O.V.MANIPRASAD
         SRI.JOSE ANTONY
         SRI.S.SHIV SHANKAR

RESPONDENTS:

1        STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2        DIRECTOR OF PUBLIC INSTRUCTIONS
         GOVERNMENT OF KERALA DPI OFFICE,
         THIRUANANTHAPURAM -695001.
3        THE ASSISTANT EDUCATIONAL OFFICER
         KANNUR NORTH EDUCATIONA SUB DISTRICT,
         KANNUR P.O., PIN- 670 001, KANNUR DISTRICT.
4        SUDHEER K.V.
         S/O. LAKSHMI, AICHUR P.O.,
         KANNUR DISTRICT, PIN- 670591.
5        SATHYAN K.V.
         POOCHALI HOUSE, NANDANAM,
         MISSION COMPOUND, CHOWWA P.O.,
         KANNUR DISTRICT - 67000
                                     2

W.P.(C)Nos.42141 of 2018 & 3483 of 2019
                                                   2024:KER:85828

              BY ADVS.
              SRI.P.P. ABDUL KAREEM
              SRI.JUSTIN JACOB - SR.GP.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.11.2024, ALONG WITH WP(C).3483/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                     3

W.P.(C)Nos.42141 of 2018 & 3483 of 2019
                                                        2024:KER:85828

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                           WP(C) NO. 3483 OF 2019

PETITIONERS:

1             SUDHEER.K.V,
              LAKSHMI NIVAS, P.O EACHUR,
              KANNUR DISTRICT 670 591.
2             SATHYAN K.V,
              POOCHALI HOUSE, NANDANAM MISSION COMPOUND,
              P.O CHOVVA, KANNUR DISTRICT 670 001.

              BY ADV.
              SRI.P.P. ABDUL KAREEM

RESPONDENTS:

1             STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001.
2             THE DIRECTOR OF PUBLIC INSTRUCTIONS,
              THIRUVANANTHAPURAM 695 001.
3             THE DEPUTY DIRECTOR OF EDUCATION,
              KANNUR 670 001.
4             THE ASSISTANT EDUCATIONAL OFFICER,
              KANNUR NORTH, KANNUR DISTRICT 671 321.
5             SANDYA K.V,
              UPSA, MADRASSA SIRAJUL ULOO, UP SCHOOL,
              ANAYIDUK RESIDING AT C.P HOUSE,
              PO KOTTALI, KANNUR DISTRICT 670 016.

              BY ADVS.
              SRI.O.V.MANIPRASAD
              SRI.JUSTIN JACOB - SR.GP
                                     4

W.P.(C)Nos.42141 of 2018 & 3483 of 2019
                                                   2024:KER:85828

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.11.2024, ALONG WITH WP(C).42141/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                     5

W.P.(C)Nos.42141 of 2018 & 3483 of 2019
                                                                2024:KER:85828

                 HARISANKAR V. MENON, J.
         ------------------------------
        W.P.(C) Nos.42141 of 2018 and 3483 of 2019
         ------------------------------
         Dated this the 15th day of November, 2024

                                  JUDGMENT

The petitioner in W.P.(C) No.42141 of 2018 is the Manager

of an aided school, and the respondents 4 and 5 are her siblings.

The respondents 4 and 5 in W.P.(C) No.42141 of 2018 are the

petitioners in W.P.(C) No.3483 of 2019.

2. The school concerned was originally under the

ownership and management of one Smt.K.V.Lakshmi, mother of

the petitioners in these writ petitions. It so happened that, when

the mother was alive, she had executed Ext.P1 settlement deed

(produced in W.P.(C) No.42141 of 2018), by settling the properties

wherein the school was situated as also the management of the

school in favour of the petitioner in W.P.(C) No.42141 of 2018. The

mother sought approval of the transfer as above pursuant to

Ext.P1 settlement deed. By Ext.P2 dated 25.09.2017, the Director

of Public Instructions approved the transfer as above, at the

request of the mother. The order at Ext.P3 is a consequential one

issued by the Assistant Educational Officer.

3. In such circumstances, the petitioners in W.P.(C) No.

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

3483 of 2019 submitted objections before the Assistant

Educational Officer, and the said authority conducted enquiries in

the matter with notice to the mother also. It is noticed that the

mother has also appeared before the enquiry officer and gave

evidence in tune with Ext.P1 settlement deed. It is on that basis

that Ext.P2 was issued by the Director of Public Instructions.

4. The afore orders were challenged by the petitioners in

W.P.(C) No.3483 of 2019. The Government issued Ext.P9 in

W.P.(C) No.42141 of 2018, with reference to the revision petition

filed by the brothers. The Government came to the following

findings;

i. As regards the allegation that the petitioner in

W.P.(C) No.42141 of 2018 was a permanent

Government employee and hence not entitled to

be accommodated as the Manager, the

Government found that the petitioner in W.P.(C)

No.42141 of 2018 was only a daily wage employee

in an aided school and therefore, the embargo

pointed out by the siblings would not apply as

against her.

ii. However, the Government found that the siblings

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

- the petitioners in W.P.(C) No.3483 of 2019 - had

raised some disputes by filing O.S.No.33 of 2018,

before the Civil Court and therefore, even if the

petitioner in W.P.(C) No.42141 of 2018 can

continue to be in management of the school, she

shall not make any appointments in the school.

5. The findings in Ext.P9 order dated 14.11.2018, to the

extent, the reservations with reference to O.S.No.33 of 2018 were

incorporated, are challenged by the petitioner in W.P.(C) No.42141

of 2018. The afore order in its entirety is challenged by the siblings

- petitioners in W.P.(C) No.3483 of 2019.

6. I have heard Sri.O.V.Maniprasad, the learned counsel

for the petitioner in W.P.(C) No.42141 of 2018 / 5th respondent in

W.P.(C) No.3483 of 2019, Sri.P.P.Abdul Kareem, the learned

counsel for the petitioners in W.P.(C) No.3483 of 2019/

respondents 4 and 5 in W.P.(C) No.42141 of 2018 and the learned

Government Pleader.

7. Two issues arise for consideration in these writ

petitions. The first one is with reference to the findings in Ext.P9

order, as regards the employment of the petitioner in W.P.(C)

No.42141 of 2018 in a daily wage capacity. Sri.Abdul Kareem

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

points out that the findings to that effect in Ext.P9 are incorrect

insofar as the petitioner therein has been subsequently absorbed

in the service pursuant to the orders issued in that regard. It is

seen that the District Educational Officer, Kannur, has issued an

order dated 21.02.2024, approving the appointment of the

petitioner in W.P.(C) No.42141 of 2019 in the aided school

mentioned in Ext.P9 order. In the light of the afore, I am of the

opinion that the findings rendered in Ext.P9 in that regard require

reconsideration.

8. At this juncture, I notice that the petitioner in W.P.(C)

No.42141 of 2018 had filed an application way back in

25.07.2019, anticipating an approval of appointment and seeking

the benefit of exemption from the rigours of Rule 8 Chapter III of

Kerala Education Rules (KER), with reference to the power

available under Rule 3 Chapter I of KER. In such circumstances,

while reconsidering the issue with reference to the employment of

the petitioner in W.P.(C) No.42141 of 2018, in my opinion, a

decision has to be taken on the application at Ext.P14 dated

25.07.2019 at first.

9. The second issue to be considered is with reference to

the rider in Ext.P9 with reference to O.S.No.33 of 2018 filed by

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

the siblings - petitioners in W.P.(C) No.3483 of 2019. May be, it is

true that such a suit is filed by the petitioners in W.P.(C) No.3483

of 2019. However, if the Government is deciding to permit the

petitioner in W.P.(C) No.42141 of 2018 to continue in the

management of the school, I find no reason why such a rider

should be incorporated in the order concerned. This is especially

so since it is seen that the suit was twice dismissed for default and

is stated to have been restored to the files of the Civil Court.

In such circumstances, these writ petitions are disposed of

as under;

i. Ext.P9 order dated 14.11.2018 in both these writ

petitions are set aside.

ii. The Government is directed to take a decision on

Ext.P14 application dated 25.07.2019 filed by the

petitioner in W.P.(C) No.42141 of 2018, as

expeditiously as possible, at any rate, within a period

of one month from the date of receipt of a copy of

this judgment, with specific reference to the power

available to the Government under Chapter I Rule 3

of the KER.

iii. Upon disposal of Ext.P14 as above, the Government

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

to reconsider the revision appeal dated 21.05.2018

filed by petitioners in W.P.(C) No.3483 of 2019 with

an opportunity of hearing to all concerned, within a

further period of one month thereafter.

iv. It is declared that the Government is not to

incorporate any riders with reference to the pendency

of O.S.No.33 of 2018, even if any order is being

passed by the Government in this regard.

Sd/-

HARISANKAR V. MENON JUDGE anm

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

APPENDIX OF WP(C) 42141/2018

PETITIONER EXHIBITS EXHIBIT P1 A TRUE OCPY OF THE REGISTREED SETTLEMENT DEED NO. 3215/2015 OF SRO, ANCHARAKANDY DATED 26.12.2015.

EXHIBIT P2 ATRUE COPY OF THE ORDER DATED 25.09.2017 OF THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 13.11.2017 OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY FO THE OBJECTION SUBMITTED BY THE 4TH RESPONDENT ON 04.07.2016 BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY FO THE OBJECTION SUBMITTED BY THE 5TH RESPONDENT ON 21.06.2016 BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 ATRUE COPY OF THE DECLARATION SUBMITTED BY THE MOTHER OF THE PETITINER BEFORE THE 3RD RESPONDENT ON 10.08.2016.

EXHIBIT P7 A TRUE COPY OF THE APPEL DATED 21.05.2018 BY THE RESPONDENTS 4 AND 5 BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 ATRUE COPY FO THE JUDGMENT DATED 22.06.2018 IN WPC NO. 20723/2018.

EXHIBIT P9 ATRUE COPY FO THE GO.(RT) NO. 4756/18/ G.EDN DATED 14.11.2018.

EXHIBIT P10 A TRUE COPY FO THE PLAINT, O.S. 33/2018 OF THE SUB COURT, KANNUR Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 4/7/2022 IN O.S NO.33/2018 OF THE SUBORDINATE JUDGE'S COURT, KANNUR WITH LEGIBLE COPY Exhibit P12 A TRUE COPY OF THE LETTER DATED 27/6/2022 SUBMITTED BY THE P.T.A COMMITTEE.

Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 03.07.2024 IN O.S NO.33/2018 OF THE SUBORDINATE JUDGE'S COURT, KANNUR Exhibit P14 A TRUE COPY OF THE APPLICATION DATED 25.07.2019

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

Exhibit P15 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 25.07.2019 SIGNED BY THE MANAGER, MADRASSA SIRAJUL ULOOM UP SCHOOL, ANAYIDUK, KANNUR Exhibit P16 A TRUE COPY OF THE LETTER DATED 07.12.2019 ISSUED BY THE 3RD RESPONDENT Exhibit P17 A TRUE COPY OF THE LETTER DATED 12.09.2024 WITH NO. F2/181/2022/GEN.EDN Exhibit P18 A TRUE COPY OF THE ORDER DATED 21.02.2024 OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR

W.P.(C)Nos.42141 of 2018 & 3483 of 2019 2024:KER:85828

APPENDIX OF WP(C) 3483/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 9/6/2016 SUBMITTED BY SMT. LAKSHMI K.V. EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 4/7/2016 FILED BY THE 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 4/7/2016 FILED BY THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TRANSFER OF MANAGEMENT IN FORM NO. 10 ALONG WITH COVERING LETTER DATED 24/6/2017.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

G4/14939/2017/DPI/K.DIS DATED 25/9/2017 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO. K.DIS 3/1855/16 DATED 13/11/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REVISION APPEAL DATED 21/5/2018 FILED BY THE PETITIONERS. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 22/6/2018

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 14/11/2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE ORDER NO.

DEOKNR/1669/2023-B2 DATED 21/02/2024 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANNUR RESPONDENT EXHIBITS EXHIBIT R5(a) A TRUE COPY OF THE GIFT DEED DATED 26/12/2015 OF SRO, ANCHARAKANDY.

EXHIBIT R5(b) A TRUE COPY OF THE ASSIGNMENT DEED DATED 30/3/1999