Disposed

St. Francis Reading Association, Mattom v. Smt. Leegi

Kerala HC24 Jan 2014Con.Case(C)/432/2013

Case brief

AI extract

What is this about?

In this contempt case arising from a delay in appointing the District Educational Officer as Manager of three schools, the Court dropped proceedings against the Officer despite unhappiness regarding the delay, deferring objections on pending teacher appointments to the approval stage.

What did the court decide?

Contempt proceedings against the District Educational Officer dropped; no specific order on the pending teacher appointments.

St. Francis Reading Association, Mattom Vs Smt. Leegi — Writ and Judicial Review | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935

¶5

Con.Case(C).No. 432 of 2013 (S)

¶6

AGAINST THE JUDGMENT IN OP(C) NO.3512/2012 DATED 15-11-2012

¶7

PETITIONER(S):PETITIONERS:

¶8

1. ST. FRANCIS READING ASSOCIATION, MATTOM, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, M.M.FRANCIS, S/O.LATE M.P.MATHEW,AGED 55 YEARS, RESIDING AT MULAKKAL HOUSE, P.O. NAMBAZHIKKAD, MATTOM, NAMBAZHIKKAD AMSOM, MATTOM DESOM, THALAPPILLY TALUK, ALOOR VILLAGE, THRISSUR DISTRICT AND ALSO AS A MEMBER OF THE ST.FRANCIS READING ASSOCIATION, MATTOM, THRISSUR DISTRICT-680 602.

¶9

2. JOSEPH JACOB. C., AGED 51 YEARS, S/O.LATE C.M.JACOB, RESIDING AT CHIRAMAL HOUSE, S.V.COLONY, CALICUT-6, KOZHIKODE DT., KALATHILKUNNU AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, THE ELECTED MANAGER OF THE THREE SCHOOLS OF THE ST.FRANCIS READING ASSOCIATION, MATTOM, THRISSUR DISTRICT AND THE MEMBER OF THE ST.FRANCIS READING ASSOCIATION, MATTOM, THRISSUR DT.-680602.

¶10

BY ADV. SRI.PHILIP ANTONY CHACKO

¶11

RESPONDENT(S)/RESPONDENT NO.9:

¶12

SMT. C.V.LEEGI,AGED 54, FATHER'S NAME NOT KNOWN, FORMER DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD AND NOW THE DEPUTY DIRECTOR OF EDUCATION, HIGH SCHOOL (JN), THEVALLY P.O., KOLLAM DISTRICT - PIN-691 012.

¶13

BY GOVERNMENT PLEADER SRI.V.K.RAFEEK

¶14

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

Kss

¶16

Cont.Case (C)No.432/2013 (S)

¶17

APPENDIX

¶18

PETITIONER'S ANNEXURES:

¶19

ANNEX.A:	COPY OF THAT JUDGMENT DTD. 15/11/2012 IN O.P(C)NO.3512 OF 2012 BY THE HON'BLE HIGH COURT OF KERALA.
ANNEX.B:	COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DTD.26/11/2012 FOR RECEIVING THE CERTIFIED COPY OF THE JUDGMENTS ISSUED TO THE 2ND PETITIONER BY THE DEO, CHAVAKKAD.
ANNEX.C:	COPY OF THE APPLICATION DTD. 7/12/2012 FILED BY THE 2ND PETITIONER TO THE PUBLIC INFORMATION OFFICER DEO, CHAVAKKAD UNDER THE RTI ACT.
ANNEX.D:	COPY OF THAT REPLY DTD. 19/12/2012 ISSUED BY THE PUBLIC INFORMATION OFFICER AND PERSONAL ASSISTANT TO DEO, CHAVAKKAD UNDER THE RTI ACT.
ANNEX.E:	COPY OF THAT APPLICATION DTD. 03/01/2013 FILED BY THE 2ND PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, DEO'S OFFICE, CHAVAKKAD UNDER THE RTI ACT.
ANNEX.F:	COPY OF THAT REPLY DTD. 31/01/2013 ISSUED BY THE PUBLIC INFORMATION OFFICER AND PERSONAL ASSISTANT TO DEO, CHAVAKKAD TO THE 2ND PETITIONER UNDER THE RTI ACT.
ANNEX.G:	COPY OF THE APPLICATION DTD. 10/04/2013 FILED BY THE 2ND PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER (P.I.O), DEO'S OFFICE, CHAVAKKAD.
ANNEX.H:	COPY OF REPLY DTD. 7/05/2013 UNDER THE RTI ACT BY THE P.I.O, DEO'S OFFICE, CHAVAKKAD ISSUED TO THE 2ND PETITIONER.
ANNEX.I:	COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER, DEO'S OFFICE, CHAVAKKAD DTD. 6/06/2013 TO THE APPLICATION OF THE 2ND PETITIONER DTD. 10/04/2013 WITH REGARD TO THE PROCEEDINGS TAKEN BY THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD AFTER 15/11/2012 AS PER THE JUDGMENTS IN O.P.(C) NO.3512 OF 2012 AND OP(C) NO.3285 OF 2012.
ANNEX.J:	COPY OF THE LETTER NO.B-6 9685/12 SHOWING THE DATE BELOW THE NUMBER AS CORRECTED TO AS 12-12 COUNTER SIGNED BY FOUR INITIALS DTD. 7/12/12, 1/12/12, 3/12/12 AND 1/12/12.
Kss	..2/-

¶20

..2/-

¶21

..2....

¶22

Cont.Case (C)No.432/2013 (S)

¶23

ANNEX.K: COPY OF APPLICATION DTD. 29/06/2013 SENT BY THE 2ND PETITIONER TO THE P.I.O, GOVERNMENT SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHPAURAM.

¶24

ANNEX.L: COPY OF REPLY DTD. 16/07/2013 ISSUED BY THE P.I.O, DEO'S OFFICE, CHAVAKKAD.

¶25

ANNEX.M: COPY OF REPLY DTD. 23/07/2012 UNDER THE RTI ACT ISSUED BY THE STATE PUBLIC OFFICER, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, DEVANKULANGARA, EDAPPALLY, ERNAKULAM TO THE 2ND PETITIONER.

¶26

ANNEX,N: COPY OF APPLICATION DTD. 31/07/2013 FILED UNDER THE RIGHT TO INFORMATION ACT, BY THE 2ND PETITIONER BEFORE THE P.I.O, D.E.O'S OFFICE, CHAVAKKAD.

¶27

ANNEX.O: COPY OF REPLY DTD. 26/08/2013 SENT BY THE P.I.O., D.E.O.'S OFFICE, CHAVAKKAD TO THE 2ND PETITIONER.

¶28

ANNEX.P: COPY OF THAT INTERIM ORDER DTD. 14/12/2012 IN PETITION (S) FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 367848-36749/2012 BY THE SUPREME COURT OF INDIA.

¶29

ANNEX.Q: COPY OF THAT ORDER DTD. 7/10/2013 INI PETITION (S) FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS.36748-36749/2012 BY THE SUPREME COURT OF INDIA.

¶30

ANNEX.R: COPY OF THE REPLY DTD. 28/09/2013 ISSUED BY THE PUBLIC INFORMATION OFFICER, PRINCIPAL, ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR (DT) TO THE 2ND PETITIONER UNDER THE RIGHT INFORMATION ACT.

¶31

ANNEX.R(a): COPY OF THE APPOINTMENT ORDER NO.22/13 DTD. 30/08/2013 SENT BY THE FR.VARGHESE PALATHINKAL ILLEGALLY ACTING AS THE CORPORATE MANAGER, ST.FRANCIS READING ASSOCIATION OF CORPORATE EDUCATIONAL AGENCY, MATTOM TO THE PRINCIPAL, ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR (DT) “TO MAKE ARRANGEMENTS TO JOIN SMT. NEETHU PAUL AS HSST (Jr.) - MATHEMATICS IN ST.FRANCIS HSS MATTOM W.E.F. 30/08/13 SINCE SHE IS APPOINTED AS HSST (Jr.) MATHEMATICS”.

..3/-

Kss

..3.....

Cont.Case(C)No.432/2013 (S)

¶36

ANNEX.R(b): COPY OF THE APPOINTMENT ORDER NO.23/13 DTD. 30/08/2013 SENT BY THE FR.VARGHESE PALATHINKAL ILLEGALLY ACTING AS THE CORPORATE MANAGER, ST.FRANCIS READING ASSOCIATION OF CORPORATE EDUCATIONAL AGENCY, MATTOM TO THE PRINCIPAL, ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR (DT) “TO MAKE ARRANGEMENTS TO JOIN SRI.JAIN ANTONY AS HSST COMPUTER SCIENCE IN ST.FRANCIS HSS MATTOM W.E.F. 30/08/13 SINCE SHE IS APPOINTED AS HSST COMPUTER SCIENCE”.

¶37

ANNEX.R(c): COPY OF THE APPOINTMENT ORDER NO.24/13 DTD. 30/08/2013 SENT BY THE FR.VARGHESE PALATHINKAL ILLEGALLY ACTING AS THE CORPORATE MANAGER, ST.FRANCIS READING ASSOCIATION OF CORPORATE EDUCATIONAL AGENCY, MATTOM TO THE PRINCIPAL, ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR (DT) “TO MAKE ARRANGEMENTS TO JOIN SRI.SEBY C.O. AS HSST (Jr.) - PHYSICS IN ST.FRANCIS HSS MATTOM W.E.F. 30/08/13 SINCE SHE IS APPOINTED AS HSST (Jr.) PHYSICS”.

¶38

ANNEX.R(d): COPY OF THE APPOINTMENT ORDER NO.25/13 DTD. 30/08/2013 SENT BY THE FR.VARGHESE PALATHINKAL ILLEGALLY ACTING AS THE CORPORATE MANAGER, ST.FRANCIS READING ASSOCIATION OF CORPORATE EDUCATIONAL AGENCY, MATTOM TO THE PRINCIPAL, ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR (DT) “TO MAKE ARRANGEMENTS TO JOIN SMT. RESHMA P.XAVIER AS HSST (Jr.) - CHEMISTRY IN ST.FRANCIS HSS MATTOM W.E.F. 30/08/13 SINCE SHE IS APPOINTED AS HSST (Jr.) CHEMISTRY”.

¶39

RESPONDENT'S ANNEXURES:

N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

V.CHITAMBARESH, J.

--------------------Contempt Case (C) No.432 of 2013

¶46

--------------------Dated this the 24^th day of January, 2014

¶47

J U D G M E N T

¶48

This Court by common judgment dated 15.11.2012 in O.P.(C) Nos.3285/2012 and 3512/2012 appointed the District Educational Officer, Chavakkad as the Exofficio Manager of three schools. The three schools are the following:-

¶49

i) St.Francis High school (Boys), Mattom ii) St.Francis High School (Girls), Mattom

¶50

iii) St.Francis L.P.School, Mattom.

¶51

The implication of this judgment is that Fr.Varghese Palathinkal who was the erstwhile Manager of the Educational Agency - St.Francis Reading Association of Educational Agency, Mattom ceased to be in office from that date.

¶52

The District Educational Officer, Chavakkad however did not assume charge as Manager forthwith on the request of the contesting respondents in the above two writ petitions who moved the Supreme Court in appeal. The Supreme Court in SLP (C) Nos.36748 - 36749/2012 ordered on 14.12.2012 to maintain status quo with regard to the existing

¶53

C.O.C.No.432 of 2013

¶54

¶55

management. Fr.Varghese Palathinkal afore mentioned then appointed (1) Smt.Neethu Paul, (2) Sri.Jain Antony (3) Sri.Seby C.O. and (4) Smt.Reshma.P.Xavier in the schools allegedly as Manager. The said appointments have hitherto not been approved by the educational authorities in view of the pendency of the litigation. Yet another suit is pending as O.S.No.1300/2010 on the file of the Court of Subordinate Judge of Thrissur as regards the Management.

¶56

The Supreme Court by order dated 7.10.2013 dismissed SLP (C) Nos.36748 - 36749/2012 affirming the judgment dated 15.11.2012. The grievance of the present petitioners is two fold and they are:

¶57

i) The District Educational Officer colluded with the contesting parties and assumed charged only after the disposal of the cases by the Supreme Court.

¶58

ii) The appointments were made by Fr.Varghese Palathinkal after he was unseated by judgment dated 15.11.2012 in the two writ petitions.

¶59

The District Educational Officer has filed a counter

¶60

C.O.C.No.432 of 2013

¶61

¶62

affidavit contending that she was under the bonafide belief that the judgment dated 15.11.2012 has not become final since the matter was pending in the Supreme Court. The fact remains that the Supreme Court passed an order of status quo only on 14.12.2012 almost one month after the judgment was passed by this Court on 15.11.2012. The petitioner maintains that the copy of the judgment dated 15.12.2012 was produced before the District Educational Officer, Chavakkad directly on 26.11.2012 itself. I feel that the matter be given a quietus by dropping the contempt proceedings against the District Educational Officer even though I express unhappiness over the delay in assuming charge.

¶63

It is conceded by all sides that the appointment of teachers made by the erstwhile Manager Fr.Varghese Palathinkal has not hitherto been approved by the Educational authorities. Suffice it to say that the petitioner is free to raise objections at the time of the consideration of approval for the said appointees. The implication of the judgment dated 14.12.2012 passed by the Supreme Court shall be

¶64

C.O.C.No.432 of 2013

¶65

¶66

considered at that point of time. The Contempt Case is closed.

¶67

V.CHITAMBARESH, Judge.

¶68

nj.

St. Francis Reading Association, Mattom v. Smt. Leegi

Case brief

What is this about?

What did the court decide?

St. Francis Reading Association, Mattom v. Smt. Leegi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sajeesh Vs the Regional Transport Officer

Stephen Gomez P. Vs the Special Deputy Tahsildar (Rr)

Shiju Raj Vs the Union of India, M.G.Road Branch, Ernakulam

A.P.Saduli Vs the State of Kerala

P K Sulaiman Vs the Tahsildar

T.P.Muraleedharan Vs Greater Cochin Development Authority