Partly allowed

Vimala Hridaya High School v. State of Kerala

Kerala HC25 Jan 2024WP(C)/30465/2021

Case brief

AI extract

What is this about?

Dispute over appointment of Headmistress of a minority-aided school when the post fell vacant on 01/06/2020. The manager had designated a junior teacher-in-charge lacking qualifications. The court upheld the Deputy Director's order and declared the senior qualified teacher entitled to appointment from the date of vacancy.

What did the court decide?

Declaration that Anitha K.R is entitled to be appointed Headmistress from 01/06/2020; respondents directed to pass appointing orders within three weeks, failing which action against the manager under

Vimala Hridaya High School Vs State of Kerala — Education and Admissions | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 25^TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945

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WP(C) NO. 40718 OF 2022

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PETITIONER:

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ANITHA K.R AGED 54 YEARS TEACHER, VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA P.O., NEYYATINKARA, THIRUVANANTHAPURAM RESIDING AT ANITHA NIVAS, EITHUKONDAKAM, AMARAVILA P.O. THIRUVANANTHAPURAM, PIN – 695122 BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ

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RESPONDENTS:

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1 DIRECTOR OF PUBLIC INSTRUCTION DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 2 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, CHALAI P.O., THIRUVANANTHAPURAM, PIN - 695036 3 VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA P.O., NEYYATTINKARA TALUK , THIRUVANANTHAPURAM, REPRESENTED BY ITS CORPORATE MANAGE., PIN - 695506 4 SMT.SHERLY W TEACHER-IN-CHARGE, VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA P.O., NEYYATTINKARA TALUK , THIRUVANANTHAPURAM, PIN - 695506 BY ADVS. VENUGOPAL P.V. MUHAMMED SHAFI M T.RASINI(K/000090/2017) AYISHA AFRIN A.V.K.(K/000828/2021) K G SAROJINI GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH WP(C).30465/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.40718/2022 & 30465/2021

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 25^TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945

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WP(C) NO. 30465 OF 2021

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PETITIONERS:

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1 VIMALA HRIDAYA HIGH SCHOOL VIRALY, UCHAKKADA.P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,REPRESENTED BY ITS CORPORATE MANAGER, PIN CODE NO.695506.

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2 SR REXIA MARY D/O. LATE ALBERT, AGED 55 YEARS, MANAGER, VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, E-MAIL ID [email protected], Pin Code 695506

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BY ADV P.V.VENUGOPAL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, E-MAIL ID [email protected], PIN CODE NO.695001.

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2 THE DIRECTOR OF GENERAL EDUCATION(DGE), OFFICE OF THE DGE, JAGATHY, THIRUVANANTHAPURAM, E-MAIL ID DIRECTOR.GE@ KERALA.GOV.IN,PIN CODE-NO.695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, CHALAI.P.O, THIRUVANANTHAPURAM E-MAIL ID DDETVM.DGE@ KERALA.GOV.IN, PIN CODE-695036.

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W.P.(C) Nos.40718/2022 & 30465/2021

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..3..

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4 THE DISTRICT EDUCATIONAL OFFICER(D.E.O), OFFICE OF THE D.E.O AT NEYYATTINKARA E-MAIL ID [email protected], PIN CODE NO-695121. 5 ANITHA.K.R,TEACHER, AGED 53 YEARS VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA.P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, E-MAIL ID, PIN CODE-695506. 6 SR.SHERLY.W, AGED 52 YEARS D/O WILLIAM, TEACHER IN -CHARGE, VIMALA HRIDAYA HIGH SCHOOL, VIRALY, UCHAKKADA.P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, E-MAIL ID SR SHERLYIPHIN @ GMAILCOM, PIN CODE NO 695506.

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BY ADVS. Pirappancode V.S.Sudheer V.S MUHAMMED SHAFI M AKASH S.(K/980/2008) A.MEGHA(K/000488/2018) V.S.VARALEKSHMI(K/000910/2019) AMRITHAPRIYA.C(K/002655/2021) T.RASINI(K/000090/2017) ADHEELA NOWRIN(K/000855/2020)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH WP(C).40718/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.40718/2022 & 30465/2021

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..4..

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MOHAMMED NIAS C.P., J.

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- - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 40718 of 2022 & 30465 of 2021

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25^th day of January, 2024

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J U D G M E N T

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In W.P.(C) No.30465 of 2021, the first petitioner is the School

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represented by its Corporate Manager, and the second petitioner is the Manager. Petitioners submit that the first petitioner School is a Religious Minority Educational Institution established, managed and administered for the upliftment of the children of the Latin fishermen Community. When the post of Headmistress became vacant on 01/06/2020, since there was no qualified hand, as a temporary arrangement, the sixth respondent was designated as the Teacher-in-charge. The senior most teacher, Usha Jasmin, had relinquished her claim, and the fifth and the sixth respondents were the remaining prospective candidates to be assigned the charge of Headmistress. Since the fifth respondent was claiming exemption as having aged 50 years and also keeping a recalcitrant attitude towards the four Christian students, she was not considered for appointment. The petitioners challenged the Ext.P3 order, which the deputy director passed on a complaint given by the fifth

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W.P.(C) Nos.40718/2022 & 30465/2021

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..5..

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respondent. On 01/12/2021, the Deputy Director found that the sixth respondent to whom the charge was given had only nine years of service when 12 years of continuous service is one of the qualifications for appointing the post of Headmaster/Headmistress. The fifth respondent had more than 20 years of service, and as she was more than 50 years old, she was exempted from acquiring the test qualification. Under such circumstances, going by Rule 44A of Chapter XIV, it was found by the fifth respondent was the person qualified to hold the post of Headmistress as on 01/06/2020, the date of occurrence of vacancy.

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The learned counsel for the petitioners challenging Ext.P3 points out that it was passed by the Deputy Director of Education, an appellate authority. It is also pointed out that the fifth respondent does not challenge the orders of approval, approving the sixth respondent as the teacher-in-charge. It is also pointed out that the sixth respondent got qualified on 01/12/2021, the date of passing of the Ext.P3 order. 3. However, the learned Government Pleader filed a counter affidavit, wherein it was stated that the petitioner School was under the jurisdiction of an individual management named St.Joseph's H.S. Viraly. In 1997, the management sold the school after getting permission, and it was on the condition that the seniority of all the

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W.P.(C) Nos.40718/2022 & 30465/2021

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staff in the school should remain the same, and it was only on account that the permission for a change of the management involved in the transfer was granted under Rule 5A of Chapter III KER. The school also has minority status in the National Commission for Minority Educational Institutions, New Delhi. The counter states that the minority right cannot be used to deny any right for the teacher's appointment before 25/04/1997. The fifth respondent started service in the management on 06/06/1994. Smt. Praveen Santhy G.S. retired from the school on 31/05/2020, and the manager appointed the sixth respondent on 01/06/2020. The sixth respondent was admittedly far junior to the fifth respondent. However, the action of the manager, accordingly, was against the orders passed by the educational authorities permitting the transfer of management and ownership.

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3 . Admittedly, the sixth respondent was not qualified for the post of Headmistress as on the date of occurrence of the vacancy. The only person available on that date was the fifth respondent, who had filed an appeal against the manager's action before the Deputy Director in which the impugned order was passed. The sixth respondent, the teacher in charge, had also filed a counter justifying the passing of Ext.P3.

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W.P.(C) Nos.40718/2022 & 30465/2021

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W.P.(C) No.40718/2022 is filed by the fifth respondent for implementation of Ext.P7, which is Ext.P3 in the other writ petition. He also prayed for taking action against the manager for not implementing the Ext.P7 order.

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Having heard the learned counsel for the petitioners and also the learned Government Pleader, it is to be noticed that as on the date of occurrence of the vacancy, namely 01/06/2020, it was the petitioner in W.P.(C) No.40718 of 2022 (the fifth respondent in W.P. (C) No.30465 of 2021) who alone was qualified. There is no reason at all for not appointing her as the Headmistress at that point of time. The argument of the sixth respondent, who got qualified when the Ext.P3 order was passed namely on 01/12/2021, is totally irrelevant. There is no dispute on Ext.R5(b) seniority list produced by the sixth respondent in W.P.(C) No.30465 of 2022. The facts being so, there is no warrant for keeping the fifth respondent, the lone qualified teacher on the date of occurrence of the vacancy, from being appointed as Headmistress. The action of the Manager in designating the sixth respondent, who is far junior to the fifth respondent teacher who is also the petitioner in W.P.(C) No.40718 of 2022, is clearly illegal. Even on undisputed facts,

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the fifth respondent teacher being far senior and the qualified teacher

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W.P.(C) Nos.40718/2022 & 30465/2021

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and as the action of the manager was contrary to the terms of the KER, Ext P3 order calls for no interference as interfering with the same on technical grounds will only result in resurrecting an illegality.

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As a consequence, W.P.(C) No.40718 of 2022 is allowed. It is declared that the petitioner is entitled to be appointed as the Headmistress from 01/06/2020. Orders shall be passed by respondents 1 and 2 appointing the petitioner as Headmistress as declared above within a period of three weeks from today. On the failure of the manager to comply with the above direction, appropriate steps shall be taken against the Manager under Chapter III of KER.

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W.P.(C) No.40718 of 2022 is allowed, and W.P.(C) No.30465 of

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2021 is dismissed.

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Sd/- MOHAMMED NIAS C.P. JUDGE

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APA

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W.P.(C) Nos.40718/2022 & 30465/2021

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APPENDIX OF WP(C) 40718/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER NO.F.3625/94/D.DIS DATED 09.03.1995 OF THE AEO, PARASSALA
Exhibit P2	TRUE COPY OF THE ORDER NO.F.7193/94/D.DIS DATED 16.03.1995 OF THE AEO, PARASSALA
Exhibit P3	TRUE COPY OF THE ORDER NO.F.3506/95/D.DIS DATED 20.01.1996 OF THE A.E.O., PARASSALA
Exhibit P4	TRUE COPY OF THE ORDER NO.E.75/77386/96/D.DIS. DATED 25.04.1995 OF THE DIRECTOR OF PUBLIC INSTRUCTION ALONG WITH THE TYPED COPY
Exhibit P5	TRUE COPY OF THE ORDER NO.B2- 6603/99/D.DIS DATED 02.03.2000 OF THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA
Exhibit P6	TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF TEACHERS IN THE H.S., VIRALY AS ON 01.01.2019, WHEREIN THE PETITIONER WAS ASSIGNED RANK NO.6
Exhibit P7	TRUE COPY OF THE ORDER NO.B 5/13705/2021/D.DIS. DATED 01.12.2021 OF THE 2ND RESPONDENT
Exhibit P8	TRUE COPY OF THE PETITION DATED 26.11.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT,

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W.P.(C) Nos.40718/2022 & 30465/2021

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APPENDIX OF WP(C) 30465/2021

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PETITIONER EXHIBITS

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Exhibit P1	COPY OF A COPY SCREEN SHOT OF WHATSAPP
	MESSAGE ISSUED BY 4TH RESPONDENT D.E.O TO 6TH RESPONDENT TEACHER IN CHARGE CALLING
	UPON THE MANAGER SHOULD ALSO BE PRESENT FOR THE HEARING AS ON 12.08.2021.
Exhibit P2	COPY OF NOTICE BEARING NO.B(5)/13705/2021 DT.29.09.21 ISSUED BY OFFICE OF THE 2ND RESPONDENT
Exhibit P3	COPY OF ORDER BEARING NO.B(5)/13705/2021 DDS DT.01.12.21 ISSUED BY OFFICE OF THE
	3RD RESPONDENT RECEIVED ON 08.12.2021 VIDE
	EMAIL COMMUNICATION AND FURTHER ON POSTAL ON 17.12.2021
Exhibit P4	A COPY OF REPRESENTATION DATED 18/12/2021 GIVEN TO SECRETARY TO GOVERNMENT GENERAL EDUCATION BY THE PETITIONER
Exhibit P5	A COPY OF REPRESENTATION DATED 18/12/2021
	GIVEN TO 2ND PETITIONER DIRECTOR OF
	GENERAL EDUCATION(DGE BY THE PETITIONER

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RESPONDENT EXHIBITS

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Exhibit R5(a)	True copy of the dated 09.03.1995	order No.F.3625/94/ D.Dis of the AEO, Parassala
Exhibit R5(b)	True copy of the dated 16.03.1995	order No.F.7193/94/ D.Dis of the AEO, Parassala
Exhibit R5(c)	True copy of the dated 20.01.1996	order No.F.3506/95/ D.Dis ofthe A.E.O., Parassala
Exhibit R5(d)	True copy of 96/D.Dis. dated of Public Instru	the order No.E.75/77386/ 25.04.1995 of the Director ction
Exhibit R5(e)	True copy of D.Dis dated 0 Neyyattinkara	the order No.B2-6603/99/ 2.03.2000 of the DEO,
Exhibit R5(f)	True copy of th seniority list	e relevant extract of the of teachers in the H.S.,

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W.P.(C) Nos.40718/2022 & 30465/2021

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Viraly as on 01.01.2019 Exhibit R5(g) True copy of the notification published as per G.O.(P)No.1/2021/G.Edn. dated 05.01.2021, in the Gazette dated 05.01.2021 amended the Kerala Right of children to Free and Compulsory Education (Amendment) Rules 2021 Exhibit R5(h) True copy of the letter No.DDETVM/6845/2023-B6 dated 21.08.2023, of the Deputy Director of Education, Thiruvananthapuram, addressed to the District Project Officer, SSK, Thiruvananthapuram Exhibit R5(i) True copy of the order No.SSK(1)/1005/ 2022/TVM dated 21.08.2023 of the District Project Co-ordinator, Samagrasiksha Kerala, Thiruvananthapuram, appointing the 6th respondent in the BR School at Kilimanoor Exhibit R6 (a) Copy of certificate of Departmental test in respect of petitioner dated 06-05-2021 issued by the KPSC regarding Account test (Lower) issued by Kerala Public Service Commission Exhibit R6 (b) Copy of the certificate dated 21-02-2022 regarding Kerala Education Act and Rules issued by KPSC Exhibit R6 (c) True copy of the promotion and pay fixation order with effect from 01-06-2011 Exhibit R6 (d) Copy of the Pay fixation statement for revised scale in terms of GO(P) 85/2011/f dated 26-02-20211 r/w GO(P) 143/2011 dated 30-03-2011 and GO(P) 168/2013 dated 11-042013

Vimala Hridaya High School v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vimala Hridaya High School v. State of Kerala

Case brief

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