Kerala High Court
Manager vs The Regional Deputy Director on 18 March, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
WP(C).No. 6758 of 2019
PETITIONER:
MANAGER, VALAMANGALAM SERVICE CO-OPERATIVE
SOCIETY HIGHER SECONDARY SCHOOL
VALAMANGALAM, CHERTHALA.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS:
1 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, CHERTHALA-688524.
2 THE DIRECTOR OF HIGHER SECONDARY
EDUCATION, DIRECTORATE OF HIGHER SECONDARY,
EDUCATION, THIRUVANANTHAURAM-695001.
OTHER PRESENT:
SR GP.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6758 of 2019
2
J U D G M E N T
The Manager of a Higher Secondary School has filed this writ petition aggrieved by Exts.P4 and P6 letters of the Regional Deputy Director of Higher Secondary Education, rejecting his request to approve one Shri Sarath S.R, HSST (Junior) in Malayalam as Principal in charge of the School. The proposal is rejected on the ground that in the absence of qualified hands for appointment as Principal, the senior most HSST shall be appointed as Principal in charge and that there is no provision for appointing an HSST (Junior) as Principal in charge. The request made in Ext.P5 was also rejected on the same ground, directing the Manager to furnish the proposal appointing an HSST as Principal in charge.
2. The contention of the Manager is that the Higher Secondary course commenced in the School only in the year 2018-19 and all the teachers except Shri Sarath are fresh hands, who are directly recruited. Shri Sarath is the only person, who is appointed by transfer, from the post of HSA and he is having WP(C).No. 6758 of 2019 3 sufficient experience. It is also pointed out that he happened to be an HSST (Junior) only because no post of HSST was sanctioned in his subject. It is also pointed out that from 01.06.2019 onwards he would be accommodated in the post of HSST. It is also pointed out that there is no objection from any of the HSST in the appointment of Shri Sarath as Principal in charge.
3. Learned Government Pleader on instructions submits that as per Rules and orders in force only HSST can be appointed as Principal in charge in the absence of qualified hands for appointment as Principal and there is no provision for appointing an HSST (Junior) as Principal in charge.
4. Having considered the contentions on either side, I find that the issue arising in the school requires a special consideration having regard to the peculiar circumstances where all the HSSTs are fresh hands, who got appointment only in 2018-19. Therefore there cannot be any objection to approve the proposal submitted by the Manager, who proposed appointment of the only person who is having experience in the School WP(C).No. 6758 of 2019 4 who happened to be an HSST (Junior). More over, he will become an HSST from the next academic year onwards.
The Manager shall therefore re-submit the proposal for approving the appointment of Shri Sarath, HSST (Junior) as Principal in charge of the School, within a period of 'one week' from the date of receipt of a copy of the judgment. The first respondent shall consider the same and pass orders on approval within a further period of 'two weeks'. It is made clear that he shall not be eligible for any benefit merely on account of his appointment as Principal in charge including for the purpose of seniority, promotion, etc. The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No. 6758 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER
NO.8659/C8/2017/RDD/ CNGR DATED
22/11/2017.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS
NO.618/C8/2018/RDD/CNGR DATED
25/05/2018 OF THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER
OF SRI.SARATH AS PRINCIPAL DATED
09/1/2018.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED
12/07/2018.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
DATED NIL
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
5/12/2018 OF THE DEPUTY DIRECTOR OF EDUCATION.