Minority institution challenging District Education Officer's show cause notice for alleged service irregularities. Court held DEO lacked jurisdiction over CBSE-affiliated schools and quashed notice.
Show cause notice issued by the District Education Officer was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938 WP(C).No. 3492 of 2011 (J) ------------------------
PETITIONER(S):
1. MADAR ENGLISH SCHOOL (CBSE), VATANAPPLLY P.O., THRISSUR DISTRICT-680 614, REP. BY ITS MANAGER, ABDUL GAFOOR SAQAFI, AGED 38 YEARS, SON MR.IBRAHIM, RESIDING AT MUDUVODAN HOUSE P.O., VATANAPPLLY, GANESAMANGALAM, THRISSUR DISTRICT.
2. ABDUL RAHIMAN VENGADAN, PRINCIPAL MADAR ENGLISH SCHOOL (CBSE), VATANAPPALLY P.O., THRISSUR DISTRICT-680 614, SON OF SHRI K.MAYAN HAJI, RESIDING AT VENGADAN HOUSE, P.O.VATANAPPALLY, THRISSUR DISTRICT. BY ADVS.SRI.TPM.IBRAHIM KHAN (SR.) SMT.ASHA ELIZABETH MATHEW
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT EDUCATION OFFICER, CHAVAKKAD. P.O., THRISSUR DISTRICT, PIN - 680 506. 3. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092.
4. C.K.SISLY, TEACHER, MADAR ENGLISH SCHOOL (CBSE), VATANAPPALLY, THRISSUR DISTRICT-680 614 (WIFE OF SHRI P.S.SUBASH, PULIPPARAMBIL HOUSE, P.O.VATANAPPALLY, THRISSUR DISTRICT, PIN-680 614. R1 & R2 BY GOVERNMENT PLEADER SRI.JOBY JOSEPH R3 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.S.NIKHIL SANKAR R4 BY ADVS. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.ARJUN SREEDHAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 3492 of 2011 (J)
APPENDIX
PETITIONER(S)' EXHIBITS
| ------------- EXHIBIT P1 |
---------- A PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE NO.B1-4590/10 DTD.30.12.2010 ISSUED BY THE SECOND RESPONDENT. |
|---|---|
| EXHIBIT P2 |
A PHOTOSTAT COPY OF THE NO OBJECTION CERTIFICATE NO.20327/N3/2004/G.EDN DTD.22.6.2004 ISSUED BY THE FIRST RESPONDENT. |
| EXHIBIT P3 |
A PHOTOSTAT COPY OF THE AFFILIATION CERTIFICATE NO.CBSE/AFF/930545/(EX-00109-0910)/130/99 DTD.16/21-5-2008 ISSUED BY THE THIRD RESPONDENT. |
| EXHIBIT P4 |
A PHOTOSTAT COPY OF THE EXPLANATION DTD.28.1.2011 SUBMITTED BY THE PETITIONERS. |
| RESPONDENT(S)' --------------- |
EXHIBITS: ---------- |
|
|---|---|---|
| EXT.R4(a): TRUE | COPY OF THE | REPRESENTATION DTD.15.7.2008. |
| EXT.R4(b): TRUE | COPY OF THE | SHOW CAUSE NOTICE DTD.6.1.2010. |
| EXT.R4(c): TRUE | COPY OF THE | REPLY DTD.8.1.2010. |
| EXT.R4(d): TRUE TO T |
COPY OF THE EACHERS. |
CHART REGARDING ALLOTMENT OF THE DUTY |
| EXT.R4(e): TRUE | COPY OF THE | COMPLAINT DT.21.5.2010. |
| EXT.R4(f): TRUE DAIL |
COPY OF THE Y DTD.4.2.20 |
NEWS ITEM PUBLISHED IN MADHYAMAM 10. |
| EXT.R2(a): TRUE 4TH |
COPY OF THE RESPONDENT D |
COMPLAINT SUBMITTED BY THE TD.21.5.2010. |
| EXT.R2(b): TRUE THE |
COPY OF THE PRINCIPAL |
TRUE COPY OF THE NOTICE ISSUED BY |
//TRUE COPY//
P.S.TO JUDGE
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P.V.ASHA, J.
W.P(C) No.3492 of 2011-J
Dated this the 31st day of May, 2016
JUDGMENT
The petitioners, who are the Manager and Principal of Madar English School (CBSE), which is a minority institution affiliated to the Central Board of Secondary Education ('CBSE' for short), are challenging Ext.P1 show cause notice issued by the District Educational Officer (DEO) on the ground that they are not under his control.
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W.P(C) No.3492 of 2011-J
not included as per the bye-laws of the CBSE; teachers were not assigned duty as per the staff pattern; the Manager supervises the academic matters by coming to the school everyday; he receives salary as in the case of the Headmaster/Principal;. salary payable to the teachers shall be as per order No.244/99/G.Edn dt.30.9.1999, but the 4th respondent was being paid only @ Rs.3,000/- per month. The D.E.O found that the institution was being run with huge profit but the teachers were paid only a meager salary. Several allegations were also raised regarding non payment of salary for vacation duty and against the interference of the manager in the staff meeting held on 4.1.2010. The petitioners were therefore directed to submit an explanation as against the proposed proceedings including withdrawal of the recognition.
W.P(C) No.3492 of 2011-J 3
Further the petitioners denied the allegations raised against them. They stated that the 4th respondent was not prevented from attending the classes. The school is run by a charitable society; as per the CBSE Syllabus, Arabic is one of the languages prescribed for study; teachers in the school are qualified; Manager was acting only in accordance with the CBSE norms; salary was being paid to the teachers as per the norms; there was no violation of the conditions prescribed in the NOC; and the school is run with affiliation by the CBSE, fulfilling the conditions stipulated by it.
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W.P(C) No.3492 of 2011-J
violated condition Nos.6(5) and 6(6) as directed by the CBSE in its bye-laws, which provide for revision of pay and allowances from time to time to the staff and observance of service conditions as per the State Education and Service Rules; under Chapter XIV AA of Kerala Education Rules (`KER' for short), the 2nd respondent is having jurisdiction to deal with the matter and as per G.O(Ms) No.244/99/G.Edn. dt.30.9.99, the 2nd respondent is empowered to take action against the management for any lapses in implementing the guidelines provided in that order. The 2nd respondent found it necessary to intervene the same in order to ensure that such schools are run strictly implementing the Government Orders. The 2nd respondent also stated that, Arabic language was being taught contrary to law.
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W.P(C) No.3492 of 2011-J
petitioners, the 4th respondent and the State Government for respondents 1 and 2.
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W.P(C) No.3492 of 2011-J
In the above circumstances, I find that Ext.P1 is issued without jurisdiction and I quash the same. However, it will not prevent the 4th respondent from seeking appropriate remedies from the appropriate authorities including the CBSE against the petitioner.
This Writ Petition is allowed accordingly.
Sd/- (P.V.ASHA, JUDGE)
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3 issues framed by the court
Whether the District Education Officer has jurisdiction to issue a show cause notice against a CBSE-affiliated minority school under Chapter XIV AA of Kerala Education Rules.
Whether the State Government can interfere with the administration of a school affiliated to the Central Board of Secondary Education.
Whether the show cause notice impugned in the present writ petition was issued without jurisdiction.
1 provisions across 1 enactments
Madar English School (CBSE)
Abdul Rahman Vengadan
State of Kerala
District Education Officer
Central Board of Secondary Education
C.K.Sisly
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
