Kerala High Court
Sunidhamol.P.S vs The State Of Kerala on 24 September, 2024
WP(C) NO. 13780 OF 2014 2024:KER:7175
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 13780 OF 2014
PETITIONER:
SUNIDHAMOL.P.S.
D/O.SULAIMAN, AGED 39 YEARS, PRE-PRIMARY SCHOOL
TEACHER, ELAPPARA GOVERNMENT U.P.SCHOOL, IDUKKI
DISTRICT-685 501.
BY ADV SRI.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
IDUKKI AT THODUPUZHA-686 585.
4 THE ASSISTANT EDUCATIONAL OFFICER
PEERUMADU, IDUKKI DISTRICT-685 531.
5 THE HEADMASTER
ELAPPARA GOVERNMENT U.P.SCHOOL,
IDUKKI DISTRICT-685 501.
6 THE PRESIDENT
PARENT TEACHER'S ASSOCIATION, ELAPPARA GOVERNMENT
U.P.SCHOOL, IDUKKI DISTRICT-685 501.
WP(C) NO. 13780 OF 2014 2024:KER:7175
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7 SRI. RAVICHADRAN
HEADMASTER, ELAPPARA GOVERNMENT U.P SCHOOL,
IDUKKI DISTRICT - 685 501
BY ADVS.
GOVERNMENT PLEADER
SRI.SABU S.KALLARAMOOLA
R1 TO R4 - SRI.E.G.GORDEN,SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAS BEEN FINALLY HEARD ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13780 OF 2014 2024:KER:7175
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P.M. MANOJ, J.
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W.P(C).No.13780 of 2014
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Dated this the 24th day of September, 2024
JUDGMENT
Petitioner is appointed as Pre-primary Teacher
under the 5th respondent Elappara Government U.P.School as
per Ext.P2. It is stated that the Writ Petitioner is being
aggrieved by issuance of Ext.P11 whereby petitioner's
service under the 5th respondent school is terminated
without conducting the proper procedure.
2. It is stated that the petitioner is qualified to be
appointed as Pre-primary Teacher. Accordingly she was
appointed as per Ext.P2 with effect from 01.06.2008. The
said appointment was communicated to the petitioner as per
Ext.P3.
3. The 7th respondent joined as headmaster in the
school during June 2013. It is stated that the antecedents of
the 7th respondent are not proper. He already suffered four
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suspension for misbehaviour to the Department Officials,
financial misappropriation etc.
4. On an incident with the neighbour of the petitioner,
that was drawn to the school, which has no connection at all
with the school affairs. Thereafter, the 7th respondent
contacted the petitioner over telephone and sent mail
seeking unusual demands.
5. This issue was raised by the petitioner before the
Parent Teacher Association (for short PTA) and also preferred
a complaint before the Educational Minister. Being agitated
on that, 7th respondent has aggravated his harassment and
forced the petitioner to sign a blank paper without revealing
the contents to be made in that.
6. Thereafter, the 7th respondent tried to manipulate
certain complaints with the help of the Pre-primary Teacher
under Scheduled Castes/Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and he openly misbehaved towards the
petitioner. In this regard, the petitioner made a complaint
before the Assistant Educational Officer. On the basis of
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such complaint, an enquiry has been conducted and report
has been filed as per Ext.P10.
7. Thereafter, the 7th respondent in the capacity of
the President of PTA issued Ext.P11 order of termination. The
said order of termination is under challenge in this Writ
Petition.
8. In response to that, 1st respondent and the 3rd
respondent have preferred counter affidavits. In the counter
affidavit filed by the 3rd respondent, the enquiry report has
been produced as Ext.R3(g). Going by the enquiry report,
though there was no specific conclusion against the conduct
of the petitioner, it recommended to the Deputy Director of
Education to take appropriate action against the petitioner.
9. It is submitted by the Counsel for the respondents
5 to 7 that termination was ordered in compliance of the
direction of Deputy Director.
10. I have heard Smt.Jensy, learned Counsel for the
petitioner, Sri. E G Gorden, learned Counsel for the
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respondents 1 to 4 and Sri.Sabu, learned Counsel appearing
for respondents 5 to 7.
11. Going by the records it appears that while the
petitioner was working as Pre-primary Teacher as per the
appointment given by the 6th respondent, she was faced with
harassment by the 7th respondent and she raised some
complaints before the educational authorities. On the basis
of that an enquiry has been conducted by the Assistant
Educational Officer. However, the enquiry was focused on the
behaviour of the petitioner. Ultimately, it was reported that
no untoward incident has happened in the school with
respect to the complaint raised against the petitioner.
12. In fact the incident which lead to the enquiry was
happened between the neighbour of the petitioner along with
her relatives and that was unnecessarily dragged to the
school. However, it was recommended by the Assistant
Educational Officer to take appropriate action against the
petitioner by the Deputy Director of Education. But no
WP(C) NO. 13780 OF 2014 2024:KER:7175
reason is assigned for taking such action against the
petitioner.
13. Moreover, prior to issuance of Ext.P11 termination
order it appears that no proper procedures have been
followed and the persons who signed Ext.P11 order is the
Headmaster as well as the President of the PTA, who himself
is the accused in the alleged incident. Therefore, it appears
to be a prejudicial order. In this premises the contention of
the counsel for the 7th respondent has due reliance that in
fact, Ext.P11 order was issued on the direction of the Deputy
Director of Education. The Headmaster being the appointing
authority can take disciplinary action against the petition
after adopting due procedure. Here Ext.P11 issued on the
dictate of Deputy Director of Education. Thereby Ext.P11
order is vitiated by malafide.
14. Going by the counter affidavits and the enquiry
report, I do not find any proper reason assigned to
terminate the petitioner from service. Moreover, the counter
affidavit filed by the 1st respondent itself reveals that
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educational authorities has no jurisdiction with respect to the
appointment and termination of the Pre-primary Teachers, as
they are purely appointed by the PTA in the light of
Ext.R3(a) proceedings of the Government.
Under such circumstances, the order issued by the
6th respondent itself is vitiated and liable to be set aside.
Accordingly Ext.P11 order is set aside and the Writ Petition is
allowed. Consequential orders are to be issued by the 5 th
respondent.
Sd/-
P.M.MANOJ
JUDGE
NM
WP(C) NO. 13780 OF 2014 2024:KER:7175
APPENDIX OF WP(C).NO. 13780/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF THE
PETITIONER DATED 27-10-1999
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE ORDER OF THE
HEADMASTER DATED 30-05-2008
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION OF THE
HEADMASTER DATED 31-05-2008
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED
12-11-2010
EXHIBIT P4(a) TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED
16-11-2011
EXHIBIT P4(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE
HEADMASTER DATED 25-09-2012
EXHIBIT P5 TRUE COPY OF THE ATTENDANCE CERTIFICATE DATED
7-11-2012,30-11-2012 AND 7-1-2013
EXHIBIT P5(a) TRUE COPY OF THE DUTY CERTIFICATE
EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
HON'BLE MINISTER FOR EDUCATION DATED
31-1-2014
EXHIBIT P6(a) TRUE COPY OF THE COMPLAINT FILED BEFORE THE
ASSISTANT EDL. OFFICER DATED
28-02-2014
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION OF THE HON'BLE
MINISTER FOR EDUCATION DATED 12-2-2014
EXHIBITP7(a) TRUE COPY OF THE COMMUNICATION DATED
28-03-2014
EXHIBIT P8 TRUE COPY OF THE APPLICATION UNDER RIGHT TO
INFORMATION ACT DATD 15-2-2014
WP(C) NO. 13780 OF 2014 2024:KER:7175
EXHIBIT P8(a) TRUE COPY OF THE ACKNOWLEDGEMENT CARD FOR
RECEIPT
EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
ASSISTANT EDUCATIONAL OFFICER DATED 18-1-2014
EXHIBIT P10 TRUE COPY OF THE ENQUIRY NOTICE DATED
7-2-2014
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE HEADMASTER
DATED 26-5-2014
EXHIBIT P12 TRUE COPY OF THE NOTIFICATION DATED
29-05-2014
RESPONDENTS EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE ORDER DATED 06.02.1988.
EXHIBIT R3(b) TRUE COPY OF THE ORDER DATED 05.07.1988.
EXHIBIT R3(c) TRUE COPY OF THE GOVERNMENT ORDER DATED
25.04.2013.
EXHIBIT R3(d) TRUE COPY OF THE REPORT WITH ANNEXURES AND
DOCUMENTS.
EXHIBIT R3(e) TRUE COPY OF THE COMPLAINT TO THE ASSISTANT
EDUCATIONAL OFFICER BY THE PTA.
EXHIBIT R3(f) TRUE COPY OF THE COMPLAINT BY THE HEADMASTER
AND TEACHERS.
EXHIBIT R3(g) TRUE COPY OF THE REPORT OF THE AEO TO THE
DDE.
EXHIBIT R3(h) TRUE COPY OF THE MANGALAM DAILY DATED
18.02.2006.
EXHIBIT R3(i) TRUE COPY OF THE COMPLAINT TO THE
DY.SP,KATTAPPANA.
EXHIBIT R3(j) TRUE COPY OF THE REPLY GIVEN BY THE SUB
INSPECTOR UNDER THE RIGHT TO INFORMATION ACT.
WP(C) NO. 13780 OF 2014 2024:KER:7175
EXHIBIT R3(k) TRUE COPY OF THE CERTIFICATE FROM HIS
EXCELLENCY THE PRESIDENT OF INDIA.
EXHIBIT R3(l) TRUE COPY OF THE ORDER DATED 30.04.2014.
