Kerala High Court

Fazil E vs State Of Kerala on 13 May, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:33515




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947

                 WP(C) NO. 3416 OF 2025

PETITIONER:



         FAZIL E
         AGED 53 YEARS
         NON VOCATIONAL TEACHER IN MATHEMATICS (SR)
         AND PRINCIPAL IN CHARGE,
         M.M.O VOCATIONAL HIGHER SECONDARY SCHOOL,
         PANAYAPILLY, ERNAKULAM,
         PIN - 682002


         BY ADVS.
         SMT.A.ARUNA
         SMT.JISHA SHAJI
         SMT.P.V.UTTARA



RESPONDENTS:



    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF GENERAL EDUCATION,
         SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001
                                                2025:KER:33515
W.P.(C) No.3416/2025
                           :2:


    2      DIRECTOR GENERAL OF EDUCATION
           DIRECTORATE OF GENERAL EDUCATION,
           JAGATHI, THIRUVANANTHAPURAM,
           PIN - 695014.

    3      ASSISTANT DIRECTOR
           VHSE REGIONAL OFFICE,
           ERNAKULAM, PIN - 682011

    4      MANAGER
           MM ORIENTAL VOCATIONAL HIGHER SECONDARY SCHOOL,
           PANAYAPPILLY,
           ERNAKULAM, PIN - 682002

    5      ABDUL ZIYAD
           AGE AND NAME OF FATHER NOT KNOWN TO THE
           PETITIONER,
           MANAGER,
           MM ORIENTAL VOCATIONAL HIGHER SECONDARY SCHOOL,
           PANAYAPPILLY, ERNAKULAM,
           PIN - 682002

    6      THE PARENTS TEACHERS' ASSOCIATION
           REPRESENTED BY ITS PRESIDENT,
           MMOVHS SCHOOL, PANAYAPPILLY,
           ERNAKULAM, PIN - 682002

    7      MAMATHA K
           NON VOCATIONAL TEACHER IN MATHEMATICS (SR),
           M.M.ORIENTAL VOCATIONAL HIGHER SECONDARY SCHOOL,
           PANAYAPILLY, ERNAKULAM,
           PIN - 682002


           BY ADVS.
           SRI.K.R.GANESH-R4,R5
           SMT.JASMINE V.H.-R6
           SRI.ADARSH S-R7
           SRI.BABU DEVADAS(K/002249/2024)
           RENJU A.(K/000174/2025)
           SRI.ELVIN PETER P.J. (SR.)(K/000445/1990)
           SMT.JELEETTA GREGORY(K/000188/2023)
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W.P.(C) No.3416/2025
                           :3:


           SMT.ANAMIKA M.J.(K/002565/2023)
           SMT.GILDA DAVIS(K/001134/2024)
           SRI.JOHIN JOHNSON(K/000645/2024)
           SRI.JIBI JOHNSON(K/000447/2024)
           SRI.V.VENUGOPAL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.03.2025 AND THE COURT ON 13.05.2025 DELIVERED THE
FOLLOWING:
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W.P.(C) No.3416/2025
                                     :4:




                            N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                       W.P.(C) No.3416 of 2025

           `````````````````````````````````````````````````````````````
                 Dated this the 13th day of May, 2025


                             JUDGMENT

~~~~~~~~~

The petitioner, who is a Non Vocational

Teacher and Principal-in-Charge of MM Oriental Vocational

Higher Secondary School, Panayappilly, Ernakulam, seeks to

declare that the petitioner is entitled to continue as the

Principal-in-Charge of the School till he relinquishes the right to

be appointed as Principal voluntarily.

2. The petitioner states that he is the seniormost

Teacher in the School. He has an exemplary service record.

He was conferred with National Award for his outstanding 2025:KER:33515

contributions to NSS related activities. He was also conferred

"Sath Sevana Rekha" in recognition of his dedicated service.

3. By Ext.P12, the 4th respondent-Manager of

the School declared that the petitioner has relinquished the

charge of the Principal. The petitioner states that he was not

given an opportunity of hearing before passing Ext.P12 order.

He was put in charge of the Principal as per the relevant

Government Orders. Ext.P12 proceedings have been issued

to enable the 4th respondent to obstruct the inquiry to be

initiated by the 2nd respondent based on a complaint from

Parent Teachers Association.

4. Respondents 4 and 5 opposed the writ

petition filing counter affidavit. Respondents 4 and 5 submitted

that the petitioner is not the seniormost Teacher in the School.

The petitioner is more than six years junior to the 7th

respondent. The petitioner, without intimating the Manager

and without applying for any kind of leave, disappeared from 2025:KER:33515

the School on 06.01.2025. The petitioner produced a

discharge summary from a Naturopathy Hospital. Naturopathy

is not a recognised stream of treatment for illness. Therefore,

the story of the petitioner that he required immediate treatment

cannot be accepted.

5. Ext.R4(g) would show that the petitioner had

delegated his leave sanctioning power and attendance related

matters to a Clerk. The petitioner failed to discharge his duties

as Teacher. The 3rd respondent had stated that the petitioner,

for the last three academic years, has not taken a single class

for first year.

6. The 7th respondent also filed an affidavit. The

7th respondent also stated that the petitioner is not the

seniormost Teacher. The petitioner has demonstrably failed to

discharge his official duties as Chief Examiner and Head of the

Institution. The writ petition is without any merit and is liable to

be dismissed.

2025:KER:33515

7. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

respondents 1 to 3. I have also heard the respective learned

counsel appearing for respondents 4 to 7.

8. The petitioner would contend that he is the

seniormost Teacher in the School. He was conferred with

National Award for his contributions to NSS related activities.

He was also bestowed with "Sath Sevana Rekha". The

petitioner was appointed as the Principal in Charge on

01.06.2020.

9. The petitioner would contend that he had to

take leave as he was admitted to Naturopathy Hospital. By

Ext.P12 order, the Manager has directed the petitioner to

handover all relevant documents, records and responsibilities

to the 7th respondent.

10. Ext.R7(a) seniority list would show that the 7 th

respondent is senior to the petitioner. If Ext.R7(a) is a genuine 2025:KER:33515

document, then the petitioner cannot, as of right, claim that he

should be retained as Principal in Charge. Apart from the afore

facts, the petitioner is also accused with not attending the

School, without submitting leave application.

11. In the facts of the case, I am not inclined to

interfere with Ext.P12 order. The petitioner has submitted

Ext.P13 representation before the 2nd respondent. Therefore,

the 2nd respondent can consider the grievances raised by the

petitioner and take appropriate decision in the matter.

The writ petition is therefore disposed of

directing the 2nd respondent to consider Ext.P13 representation

of the petitioner and take appropriate decision thereon after

hearing the affected parties. Orders shall be passed within a

period of three months.

Sd/-

N. NAGARESH, JUDGE aks/24.04.2025 2025:KER:33515

APPENDIX OF WP(C) 3416/2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE G.O. (RT) NO.

1647/2019/H.EDN 07.09.2019

Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.

E3/2743/2020 DATED 22.06.2020 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE 3667946/2025/B/ROVHSSEEKM DATED 10.01.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 11.01.2025 FROM NAVAJEEVAN NATUROPATHY HOSPITAL TRIVANDRUM

Exhibit P5 TRUE COPY OF THE EMAIL DATED 13.01.2025 FROM THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P5(a) TRUE COPY OF THE EMAIL DATED 16.01.2025 FROM THE PETITIONER TO THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.

B/723/2024 DATED 14.01.2025 ISSUED BY THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE EMAIL DATED 18.01.2025 FROM THE PETITIONER TO THE 4TH RESPONDENT

Exhibit P8 TRUE COPY OF THE 3667946/2025/B/ROVHSSEEKM DATED 18.01.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER 2025:KER:33515

Exhibit P9 TRUE COPY OF THE EMAIL DATED 20.01.2025 FROM THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P10 TRUE COPY OF THE EMAIL DATED 21.01.2025 SENT BY THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 20.01.2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED VI/11/2025 DATED 22.01.2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 24.01.2025 SUBMITTED BY THE PARENTS TEACHERS ASSOCIATION OF THE MMOVHS TO THE 2ND RESPONDENT ON 24.01.2025

Exhibit P14 TRUE COPY OF THE EMAIL DATED 23.01.2025 SENT BY THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P15 TRUE COPY OF THE ORDER NO B- 19.01.2021 ISSUED BY THE DEO ERNAKULAM

Exhibit P15(a) A COPY OF THE OBJECTION DATED 20.01.2025 FILED BY THE PETITIONER

Exhibit P16 TRUE COPY OF THE COMMUNICATION ISSUED BY THE R3 TO THE PRINCIPAL ON 26.01.2025

Exhibit P17 A TRUE COPY OF THE WHATSAPP COMMUNICATION DATED 06.02.2025

Exhibit P18 TRUE COPY OF A PHOTO OF THE OFFICE ROOM OF THE PRINCIPAL SHOWING THAT THE OFFICE ROOM OF THE PRINCIPAL IS 2025:KER:33515

ILLEGALLY CLOSED

Exhibit P19 TRUE COPY OF THE LETTER DATED 12.02.2025 ISSUED IN THE LETTERHEAD OF THE PRINCIPAL

Exhibit P20 TRUE COPY OF THE MEMO DATED 10.01.2025 STATING THAT THE PETITIONER HAS TAKEN LEAVE WITHOUT HANDING OVER CHARGE

Exhibit P21 TRUE COPY OF THE MEMO DATED 18.01.2025

RESPONDENTS' EXHIBITS

Exhibit-R7(a) TRUE COPY OF THE SENIORITY LIST, DULY PUBLISHED BY THE MANAGER

Exhibit-R7(b) TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK

Exhibit-R7(c) TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT

Exhibit-R7(d) TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS.) NO. 18/2012/GEN EDN., DATED 19.01.2012

Exhibit-R7(e) TRUE COPY OF THE STAFF ATTENDANCE REGISTER

EXHIBIT R4(a) TRUE COPY OF THE SENIORITY LIST OF NON VOCATIONAL TEACHERS IN THE SCHOOL AS ON 22.01.2025, APPROVED BY THE 3RD RESPONDENT, ASSISTANT DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, ERNAKULAM

EXHIBIT R4(b) TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER SHOWING THE DATE OF APPOINTMENT OF THE PETITIONER BY TRANSFER FROM NIVHSS, 2025:KER:33515

MARAMPILLY TO THE SCHOOL AS PER ORDER DATED 01.12.1998

EXHIBIT R4(c) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 10.01.1996 OF THE 7TH RESPONDENT APPOINTING HER AS NON VOCATIONAL TEACHER IN MATHEMATICS (SENIOR)

EXHIBIT R4(d) TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT.) NO. 4336/08/G.EDN. DATED 29.09.2008

EXHIBIT R4(e) TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THIS RESPONDENT AND THE TWO DOCUMENTS ATTACHED TO THE SAME MAIL

EXHIBIT R4(f) TRUE COPY OF THE MAIL AND THE MEDICAL CERTIFICATE ATTACHED TO THE SAME

EXHIBIT R4(g) A COPY OF THE MESSAGE POSTED BY THE PETITIONER ON 06.01.2025

EXHIBIT R4(h) TRUE COPY OF THE SAID ORDER NO.

DE3/2743/2020 DATED 22.06.2020

EXHIBIT R4(i) TRUE COPY OF THE COMMUNICATION NO.

3667946/2025/B/R.O.V.H.S.S.E.E.K.M. DATED 21.01.2025 SENT BY THE 3RD RESPONDENT TO THE PETITIONER ENCLOSING THE STATEMENTS OF SMT.JASEELA.P.A. AND SRI.ANIZ.P.E.

EXHIBIT R4(j) TRUE COPY OF THE COMMUNICATION NO.

BG/723/2024 DATED 09.07.2024 SEND BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT R4(k) TRUE COPY OF THE ORDER G.O.(MS) NO.

18/2012/G.EDN. DATED 19.01.2012 ALONG WITH TYPED COPY

EXHIBIT R4(l) TRUE COPY OF THE ORDER G.O.(MS) NO.

2025:KER:33515

339/2012/G.EDN. DATED 20.10.2012 ALONG WITH TYPED COPY.

EXHIBIT R4(m) TRUE COPY OF THE ORDER G.O.(MS) NO.

51/2013/G.EDN. DATED 12.02.2013

EXHIBIT R4(n) TRUE COPY OF THE ATTENDANCE REGISTER OF THE SCHOOL

EXHIBIT R4(o) TRUE COPY OF THE PRINT OUT OF THE MESSAGE POSTED BY THE PETITIONER IN THE PTA GROUP

EXHIBIT R4(p) TRUE COPY OF THE REPRESENTATION DATED 27.01.2025 SUBMITTED BY THE EXECUTIVE COMMITTEE MEMBERS OF PTA BEFORE THE 2ND RESPONDENT