Allowed

P.P.Prathapan v. Assistant Educational Officer

Kerala HC2 Nov 2018WP(C)/7315/2018

Case brief

AI extract

What is this about?

The Single Judge set aside impugned orders rejecting teacher appointments made by the school manager. The court held that the Manager's duty to appoint discharges statutory duties under Section 33 of the Kerala Education Act, 1958, and is not barred by a civil court dispute over administrative control.

What did the court decide?

Impugned orders rejecting appointments were set aside. Approval granted within one month; arrears to be paid within four months.

P.P.Prathapan Vs Assistant Educational Officer — Education and Admissions | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

¶5

WP(C).No.7315 of 2018

¶6

PETITIONER/S:

¶7

1 P.P.PRATHAPAN, AGED 41 YEARS, UPSA (SANSKRIT), VB UP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING IN PERIYAPPILLY HOUSE, THURAVOOR P.O., ANGAMALY - 683 573.

¶8

2 LITHA P.P., UPSA (URUDU), VB UP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING IN PAYYAPPILLY HOUSE, KALLETTINKARA P.O., IRINGALAKUDA, THRISSUR - 680 683.

¶9

3 SONY JOY, LPSA, VB LP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING IN PUTHUSSERIKKATTIL HOUSE, P.O.POTTA, CHALAKKUDY - 680 722.

¶10

4 PREEJA. V., LPSA, VB LP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING IN VADDUMKUTTIL HOUSE, POOKKODE P.O., VATTANTHARA, AMBALLOOR - 680 302.

¶11

5 SUNISH P.P., OFFICE ASSISTANT (UP SECTION), VB UP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING IN KOZHIPURATH HOUSE, POOLANI, MELOOR, CHALAKKUDY - 680 311.

¶12

BY ADVS.

¶13

SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN SRI.VINEETH KOMALACHANDRAN

¶14

RESPONDENT/S:

¶15

1 ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY - 680 307.

¶16

2 DISTRICT EDUCATIONAL OFFICER, IRINGALKUDA, TRICHUR - 680 121.

¶17

WP(C).No.7315/2018 & conn.cases 2

¶18

3 DEPUTY DIRECTOR OF EDUCATION, DEPARTMENT OF EDUCATION, CIVIL STATION, TRICHUR - 680 003.

¶19

4 ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC), OFFICE OF THE DIRECTORATE OF EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶20

5 T.K. ADITHYA VARMA, MANAGER, VB UP AND LP SCHOOL, POOLANI, MELOOR, CHALAKKUDY - 680 311.

¶21

6 CHALAKKUDY NSS EDUCATIONAL CULTURAL AND CHARITABLE SOCIETY (REG.NO. 254/1980), CHALAKKUDY - 680 307. REPRESENTED BY ITS GENERAL SECRETARY.

¶22

BY ADVS.

¶23

BY GOVERNMENT PLEADER SMT.PRIYA SHANAVAS SMT.APARNA RAJAN SRI.SREEDHAR RAVINDRAN

¶24

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, ALONG WITH WP(C).10943/2018, WP(C).26041/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

WP(C).No.7315/2018 & conn.cases 3

¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

¶28

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶29

FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

¶30

WP(C).No. 10943 of 2018

¶31

PETITIONER/S:

¶32

ADHITHYAVARMA, MANAGER, V.B.U.P.SCHOOL, POOLANI,MELOOR P.O., THRISSUR 680 311.

¶33

BY ADVS.

¶34

SMT.LAKSHMI RAMADAS SRI.SREEDHAR RAVINDRAN

¶35

RESPONDENT/S:

¶36

1 THE ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY 680 307.

¶37

2 THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 002.

¶38

3 THE DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, COLLECTORATE, AYYANTHOLE, THRISSUR-02.

¶39

4 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695 001.

¶40

BY GOVERNMENT PLEADER, SMT.PRIYA SHANAVAS

¶41

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, ALONG WITH WP(C).26041/2018, WP(C).7315/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶42

WP(C).No.7315/2018 & conn.cases 4

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶46

FRIDAY, THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

¶47

WP(C).No.26041 of 2018

¶48

PETITIONER/S:

¶49

ADHITHYAVARMA, MANAGER, V.B.U.P SCHOOL, POOLANI, MELOOR P.O., THRISSUR - 680 311.

¶50

BY ADVS. SMT.LAKSHMI RAMADAS SRI.SREEDHAR RAVINDRAN

¶51

RESPONDENT/S:

¶52

1 THE ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY - 680 307.

¶53

2 THE DISTRICT EDUCATIONAL OFFICER, THRISSUR - 680 002.

¶54

3 THE DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, AYYANTHOLE,THRISSUR - 02.

¶55

4 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001.

¶56

5 LITHA P.P., UPSA (URUDU) VB UP SCHOOL, POOLANI, MELOOR, CHALAKKUDY, RESIDING AT PAYYAPPILLY HOUSE, KALLETTINKARA P.O.,IRINJALAKUDA- 680 121.

¶57

6 SONY JOY, LPSA, VB LP SCHOOL, POOLANI,MELOOR, CHALAKKUDY, RESIDING IN PUTHUSSERIKKATTIL HOUSE, P.O.POTTA, CHALAKKUDY - 680 722.

¶58

7 PREEJA V, LPSA, VB LP SCHOOL, POOLANI,MELOOR, CHALAKKUDY, RESIDING IN VADDUMKUTTIL HOUSE, POOKKODE, P.O.VATTANTHARA, AMBALLOOR - 680 302.

¶59

WP(C).No.7315/2018 & conn.cases 5

¶60

8 SUNISH P.P., OFFICE ASSISTANT (UP SECTION),VB UP SCHOOL, POOLANI, MELOOR,CHALAKKUDY, RESIDING IN KOZHIPURATH HOUSE,POOLANI, MELOOR, CHALAKKUDY - 11.

¶61

BY GOVERNMENT PLEADER, SMT.PRIYA SHANAVAS

¶62

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, ALONG WITH WP(C).10943/2018, WP(C).7315/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶63

WP(C).No.7315/2018 & conn.cases 6

¶64

JUDGMENT

¶65

[ WP(C) 7315/2018, WP(C).10943/2018 ,WP(C).26041/2018 ]

¶66

These writ petitions concern appointments made by T.K.Adithya Varma, Manager of V.B.U.P.School, Poolani, Meloor P.O.,Chalakkudy. The appointments made by him have not been approved for the reason that there is a dispute regarding the administration of Corporate Educational Agency. The Administration of Corporate Educational Agency appears to be with the Chalakkudy NSS Educational, Cultural and Charitable Society. W.P.(C) Nos.26041/2018 and 10943/2018 are filed by Adithya Varma. W.P.(C) No.7315/2018 is filed by the appointees by Adithya Varma. It is appropriate to refer the order passed by the Assistant Educational Officer, Chalakkudy rejecting the appointment, which reads as follows:

¶67

“As per the reference (4) & (5) the administration of the NSS Education Cultural and Charitable Society, chalakkudy is in dispute and the new Manager is abstained from taking decisions which touching the policy and fiscal measures of the society. The OP 395/07 is under the consideration of Additional District Judge I Thrissur and no further court orders received in

¶68

WP(C).No.7315/2018 & conn.cases 7

¶69

this matter till this date. Hence the appointment is rejected.”

¶70

Similar orders have been passed in respect of all other appointees.

¶71

There is no dispute to the fact that Adithya Varma is continuing as a Manager as per the records of the Department. Therefore, the Assistant Educational Officer could not have rejected the approval of such appointees of Adithya Varma unless any order is passed by any competent authority or court interdicting the Manager in making such appointment. It is to be noted that the Assistant Educational Officer's order also has been affirmed by the higher authority in hierarchy on same reasoning. Therefore, the impugned orders are set aside. If the vacancy in which the petitioners in W.P.(C) No.7315/2018 were appointed, are admissible, necessary approval shall be given, at any rate, within one month from the date of receipt of a copy of this judgment. If the approval is granted with effect from the date of appointment, necessarily, arrears shall be paid within an outer limit of four months.

¶72

WP(C).No.7315/2018 & conn.cases 8

¶73

The learned Government Pleader submits that Adithya Varma is restrained from taking policy decision pursuant to the directions of the Civil Court. Such decision of the Civil Court cannot have impact upon any decision to be taken by the Manager discharging the duties. Distinction has to be drawn in regard to the administrative and policy decision and in regard to the statutory duties to be discharged by the Manager. This has to be understood in the mandate of statutory provisions under Section 33 of the Kerala Education Act, 1958. Therefore, no civil court could have passed any order in relation to the Manager in discharging statutory duties as enshrined under the Education Act and Rules. The Civil Court order clearly would show that it is in regard to administrative duties and not in regard to discharging statutory duties.

¶74

These writ petitions are disposed of as above.

¶75

Sd/-

¶76

A.MUHAMED MUSTAQUE

¶77

JUDGE

¶78

WP(C).No.7315/2018 & conn.cases 9

¶79

¶80

PETITIONER'S/S EXHIBITS:

¶81

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF EDUCATION, TRICHUR. EXHIBIT P1(A) TRUE COPY OF THE APPROVED BYELAW OF THE SCHOOL. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT APPROVING THE APPOINTMENT OF THE 5TH RESPONDENT (MANAGER). EXHIBIT P3 TRUE COPY OF THE ORIGINAL PETITION NO. 395/2007-DISTRICT COURT, TRICHUR. EXHIBIT P3(A) TRUE COPY OF THE WRITTEN STATEMENT IN O.P.NO. 395/2007 - DISTRICT COURT, TRICHUR. EXHIBIT P3(B) TRUE COPY OF THE PRELIMINARY ORDER - PASSED BY THE DISTRICT COURT. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER PASSED BY THE DISTRICT COURT, TRICHUR IN IA NO. 3895/2010 IN O.P.395/2007.

¶82

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER. EXHIBIT P5(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER. EXHIBIT P5(B) TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER. EXHIBIT P5(C) TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER. EXHIBIT P5(D) TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER.

¶83

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT REJECTING THE REQUEST FOR APPROVAL OF THE APPOINTMENT OF THE 1ST PETITIONER.

¶84

WP(C).No.7315/2018 & conn.cases 10

¶85

EXHIBIT P6(A)	TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT REJECTING THE REQUEST FOR APPROVAL OF THE APPOINTMENT OF THE 2ND PETITIONER.
EXHIBIT P6(B)	TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT REJECTING THE REQUEST FOR APPROVAL OF THE APPOINTMENT OF THE 3RD PETITIONER.
EXHIBIT P6(C)	TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT REJECTING THE REQUEST FOR APPROVAL OF THE APPOINTMENT OF THE 4TH PETITIONER.
EXHIBIT P6(D)	TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT REJECTING THE REQUEST FOR APPROVAL OF THE APPOINTMENT OF THE 5TH PETITIONER.
EXHIBIT P7	TRUE COPY OF THE APPROVAL ORDER IN RESPECT OF MR.N.T. KUNJU VAREED.
EXHIBIT P8	TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT.
EXHIBIT P8(A)	TRUE COPY OF THE REVISIONAL ORDER PASSED BY THE 4TH RESPONDENT UPON THE REVISION FILED BY THE 1ST PETITIONER.
EXHIBIT P9	TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT CONCERNING THE APPOINTMENTS OF THE PETITIONERS 2 TO 5.

¶86

RESPONDENTS EXHIBITS:NIL.

¶87

//TRUE COPY// P.A.TO JUDGE

¶88

¶89

WP(C).No.7315/2018 & conn.cases 11

¶90

¶91

PETITIONER'S/S EXHIBITS:

¶92

EXHIBIT P1 TRUE COPY OF THE BYELAW OF THE EDUCATIONAL AGENCY. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE AEO DATED 20/11/2010. EXHIBIT P3 TRUE COPY OF THE ORDER IN OPC NO.395/07 DATED 20/11/2014.

¶93

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2015. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE AEO DATED 1/11/2016. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 19/5/2017.

¶94

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP NO.28701/2017 DATED 30/8/2017.

¶95

EXHIBIT P8 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 9/10/2017 . EXHIBIT P9 TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT DATED 3/1/2018. EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 11/10/2017.

¶96

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE

WP(C).No.7315/2018 & conn.cases 12

¶101

¶102

PETITIONER'S/S EXHIBITS:

¶103

EXHIBIT P1 TRUE COPY OF THE BYELAW OF THE EDUCATIONAL AGENCY. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE AEO DATED 20.11.2010. EXHIBIT P3 TRUE COPY OF THE ORDER IN OP(C) NO.395/07 DATED 20.11.2014. EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF 6TH RESPONDENT DATED 1.6.16. EXHIBIT P4(A) TRUE COPY OF THE APPOINTMENT ORDER OF 7TH RESPONDENT DATED 1.6.16. EXHIBIT P4(B) TRUE COPY OF THE APPOINTMENT ORDER OF 8TH RESPONDENT DATED 1.6.15. EXHIBIT P4(C) TRUE COPY OF THE APPOINTMENT ORDER OF 9TH RESPONDENT DATED 1.11.16. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE AEO REJECTING 6TH RESPONDENT'S APPROVAL DATED 20.1.2017. EXHIBIT P5(A) TRUE COPY OF THE ORDER OF THE AEO REJECTING 7TH RESPONDENT'S APPROVAL DATED 20.1.2017. EXHIBIT P5(B) TRUE COPY OF THE ORDER OF THE AEO REJECTING 8TH RESPONDENT'S APPROVAL DATED 19.9.2016. EXHIBIT P5(C) TRUE COPY OF THE ORDER OF THE AEO REJECTING 9TH RESPONDENT'S APPROVAL DATED 19.1.2017.

¶104

RESPONDENTS EXHIBITS:NIL.

¶105

//TRUE COPY//

¶106

P.A.TO JUDGE

¶107

P.P.Prathapan v. Assistant Educational Officer

Case brief

What is this about?

What did the court decide?

P.P.Prathapan v. Assistant Educational Officer

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

Thaneermukkom Housing Co-Operative Society Ltd. Vs K.Sreelatha

The Director, Rajagiri School of Engineering and Technology Vs A.P.J. Abdul Kalam Technological University

M.P.Indu Vs the Assistant Educational Officer

Devadasan.G Vs the Vice Chancellor, University of Calicut

Shini George Vs State of Kerala

Smitha P.K. Vs State of Kerala