Kerala High Court
The Manager ( K.P. Mohammed) vs The State Of Kerala on 21 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:24352
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
WP(C) NO. 11232 OF 2025
PETITIONER:
THE MANAGER (K.P. MOHAMMED)
AGED 79 YEARS
S/O CHEKUNHI, AMUP SCHOOL,
KADALUNDINAGARAM P.O., MALAPPURAM DISTRICT-
(RESIDING AT KODAKKATTAKATH-PUTHENVEETTIL (H),
KADALUNDINAGARAMP.O.,MALAPPURAM DISTRICT),
PIN - 673314
BY ADVS.
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER,
TIRURANGADI, MALAPPURAM DISTRICT,
PIN - 676306
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WP(C) No.11232 of 2025
2
4 THE ASSISTANT EDUCATIONAL OFFICER,
PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
5 SRI. V. ABDUL JALEEL,
HEADMASTER (UNDER SUSPENSION),
AMUP SCHOOL, KADALUNDINAGARAM P.O.,
MALAPPURAM DISTRICT, PIN - 673314
(RESIDING AT VELLODATHIL HOUSE, ANANGADI,
KADALUNDINAGARAM P.O., MALAPPURAM DISTRICT),
BY ADV.
SRI. V. VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.11232 of 2025
3
JUDGMENT
Dated this the 21st day of March, 2025
Petitioner is Manager of AMUP School, Kadalundi
Nagaram. Owing to the misbehaviour on the part of the
5th respondent towards the girl pupils in the School, he was
placed under suspension. The issue was subjected to
preliminary investigation by the Assistant Educational Officer,
Parappanagadi. On being convinced that the 5 th respondent
was suspended genuinely and for right causes, permission
was sanctioned so as to continue the suspension beyond 15
days. Such status of the 5th respondent shall be continued
until the conclusion of the disciplinary proceedings.
2. The petitioner submits that the
5th respondent was served with a memo of charges and also a
statement of allegations. Having been found Ext.P6
unsatisfactory, the petitioner addressed the 4th respondent to
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conduct enquiry under Rule 75, Chapter XIVA of the KER.
3. In the enquiry, a group of parents had
attended and expressed their protest as against the
5th respondent who was misbehaving to girl pupils sexually.
PTA President of the School also had addressed the
petitioner opposing the reinstatement of the 5 th respondent.
An enquiry was held by the Assistant Educational Officer with
short notice depriving most of the parents a chance to depose
against the 5th respondent. Most of the parents have
threatened to withdraw pupils from the School in case the 5 th
respondent is reinstated. In the circumstances, the petitioner
requested the District Educational Officer to review the
suspension and grant permission to continue the suspension
until the conclusion of disciplinary proceedings.
4. In the meanwhile, a number of parents are
coming forward with the experience of sexual assaults by the
5th respondent towards the girl pupils. Hence, a
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comprehensive enquiry is necessitated against the 5 th
respondent. The issue has been brought to the notice of the
Assistant Educational Officer by the petitioner and requested
for one more sitting of the Rule 75 enquiry allowing
participation of some more parents in the enquiry.
5. Ignoring it, the Assistant Educational Officer
has prepared enquiry report setting the 5 th respondent free.
But, time is not ripe for the reinstatement of the
5th respondent. If he is reinstated before the conclusion of the
disciplinary action, the entire institution would be spoiled,
contends the petitioner.
6. Hence, the petitioner moved the Government
to review the suspension and grant permission to continue it
until the finalisation of the disciplinary proceedings as also to
have one more sitting of Rule 75 enquiry allowing participation
of more parents to adduce evidence, which is pending. Its
long pendency would result in extreme hardships in the
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administration of the School, contends the petitioner.
7. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 4. In view of the nature of the relief to be
granted in the writ petition, notice to the 5 th respondent is
dispensed with.
8. Against Ext.P13 proceedings, the petitioner
has preferred Ext.P14 Revision Petition before the
1st respondent. The Government Pleader would submit that
this Court in Ext.P12 judgment, directed the District
Educational Officer to review the suspension of the
5th respondent and Ext.P12 judgment was passed at the
instance of the petitioner.
9. I find that the direction in Ext.P12 to the
District Educational Officer is in regard to the review of
suspension order, whereas Ext.P14 Revision Petition is
against Ext.P13 order. As Ext.P14 is a statutory Revision
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Petition, the same has to be considered by the competent
Revisional Authority.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P14 Revision Petition and
pass appropriate orders thereon, within a period of three
months, after hearing the petitioner and the 5th respondent.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 11232/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LETTER OF THE
PETITIONER ADDRESSING THE 5TH
RESPONDENT DATED 09.09.2024 INFORMING
SUSPENSION
Exhibit P-2 TRUE COPY OF THE ORDER NO.
AEOPRP/1825/2024-C DATED 21.09.2024 OF
THE AEO, PARAPPANAGADI
Exhibit P-3 TRUE COPY OF THE ORDER NO.11/2024
DATED 21.09.2024 OF THE PETITIONER
EXTENDING THE SUSPENSION BEYOND 15
DAYS
Exhibit P-4 TRUE COPY OF THE MEMO OF CHARGES NO.
13/2024 DATED 27.11.2024 FURNISHED BY
THE PETITIONER AGAINST THE 5TH
RESPONDENT
Exhibit P-5 TRUE COPY OF THE STATEMENT OF
ALLEGATIONS NO.14/2024 DATED
04.12.2024 AGAINST THE 5TH RESPONDENT
Exhibit P-6 TRUE COPY OF THE REPLY FURNISHED BY
THE 5TH RESPONDENT DATED 10.12.2024
Exhibit P-7 TRUE COPY OF THE REQUEST SO MOVED BY
THE PETITIONER BEFORE THE AEO,
PARAPPANAGADI DATED 18.01.2025
Exhibit P-8 TRUE COPY OF THE NOTICE NO.
AEOPRP/18252024-C DATED 06.02.2025
ISSUED BY THE AEO, PARAPPANAGADI TO
THE MANAGER
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Exhibit P-9 TRUE COPY OF THE LETTER FROM PARENTS
OF THE PUPILS DATED 12.09.2024
Exhibit P-10 TRUE COPY OF THE LETTER SUBMITTED BY
THE PTA OF THE SCHOOL BEFORE THE
PETITIONER DATED 23.01.2025
Exhibit P-11 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER BEFORE THE AEO,
PARAPPANAGADI DATED 27.02.2025
Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO 9281 OF 2025 DATED 11.03.2025
Exhibit P-13 TRUE COPY OF THE ENQUIRY REPORT
FURNISHED BY THE AEO, PARAPPANAGADI
VIDE NO. AEOPRP/185/2024-C DATED
07.03.2025
Exhibit P-14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 11.03.2025
Exhibit P-15 TRUE COPY OF THE DECISION REPORTED IN
1987 KHC 145= 1987 (1) KLT 472
(RAVINDRA BABU V. STATE OF KERALA)
DATED 17.02.1987
