Kerala High Court
C.M.Sivaprasad vs State Of Kerala on 9 October, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
WP(C).No.30351 OF 2011(T)
PETITIONER/S:
C.M.SIVAPRASAD, (PTA EXECUTIVE MEMBER,
KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,, PURAMERI
P.O., KOZHIKODE DIST) S/O.C.K. CHATHU,, SHIVA BHAVAN,
EDACHERI P.O., VADAKARA VIA.,
KOZHIKODE-673 502.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,, DEPARTMENT
OF GENERAL EDUCATION,, SECRETARIAT,,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE-673001.
4 DISTRICT EDUCATIONAL OFFICER
VADAKARA-673101.
5 DIRECTOR OF HIGHER SECONDARY EDUCATION
THIRUVANANTHAPURAM-695 001.
6 E.K.DHANANJAYAM THAMPURAN
CLERK,, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,,
PURAMERI P.O., KOZHIKODE-673 503.
7 E.K. KRISHNAKUMARY
U.P.S.A.,, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,,
PURAMERI P.O., KOZHIKODE-673 503.
8 E.K. GOKUL KUMAR
HIGH SCHOOL ASSISTANT,, KADATHANAD RAJAS HIGHER
SECONDARY SCHOOL,, PURAMERI P.O.,
KOZHIKODE-673 503.
9 MANAGER
WP(C).No.30351 OF 2011 2
KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,, PURAMERI
P.O., KOZHIKODE-673 503.
10 HEADMASTER
KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,, PURAMERI
P.O., KOZHIKODE-673 503.
R1 TO R5 BY SMT.MARY BEENA JOSEPH,SENIOR GOVERNMENT
PLEADER
R6 TO R8 BY SRI. M.P.SREEKRISHNAN
R9 BY SRI. ANEESH K.M.
R10 BY SRI. P.A AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-
10-2019, THE COURT ON 09-10-2019 DELIVERED THE FOLLOWING:
WP(C).No.30351 OF 2011 3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"i) to declare that the respondents No.6 to 8 are not entitled to continue as members of the managing committee and members of the staff simultaneously in Kadathanad Rajas Higher Secondary school when they are continuing as Members/officer bearers of the management as per Rule 8 of Chapter III of KER;
ia) to declare that Ext.R4(a) is illegal, arbitrary and unsustainable for the reason that it is contradictory to the statutory rul i.e., Rule 8 of Chapter III of KER and therefore the same cannot be operated any longer.
ii) to issue a writ of mandamus directing the respondents 1 to 5 to take steps to exclude respondents 6 to 8 from the management committee of Kadathanad Rajas Higher Secondary School and to exclude them from the committee.
iii) to issue a writ of mandamus directing the respondents No.1 to 5 to withdraw the approval given to the management committee of Kadathanad Rajas Higher Secondary School in case the said committee refuses to expunge respondents No.6 to 8 from the management committee;WP(C).No.30351 OF 2011 4
iv) to issue a writ of mandamus directing the 1st respondent to take a decision on Ext.P5 representation within a time frame to be fixed by this Hon'ble Court;
v) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit in the facts and circumstances of the case."
2. Petitioner is an Executive Committee Member of Parent Teachers Association of the Kadathanad Rajas Higher Secondary School. According to him, he is aggrieved by the mismanagement and illegal action of the management, which badly affects the functioning of the school. Respondents 6 to 8 are members/office bearers of the management committee of the school. At the same time, they are continuing as members of the staff of the school, which according to the petitioner is illegal as per Rule 8 of Chapter III of KER. The management that includes respondents 6 to 8 are preparing seniority list and taking disciplinary action , etc. against the other members of the staff in the school. It is also pointed out that, in spite of representation submitted to respondents 1 to 4, no action was initiated, which necessitated the petitioner to WP(C).No.30351 OF 2011 5 approach this court by filing this writ petition.
3. The 2nd respondent has filed a counter affidavit contending that, respondents 6 to 8 have been elected as members of the management committee and they are acting as Management Committee Secretary, Treasurer and Management Committee Member respectively. The Government as per G.O. (Rt)No.4662/94/Gen.Edn dated 21.11.1994, have granted exemption from Rule 8(1) Chapter III KER to respondents 6 to 8 to function as managing committee members of Kadathanad Rajas High School, Purameri, without detriment to their normal duty as staff of the school.
4. This writ petition was pending before this court from the year 2011 without securing any interim orders. Now, eight years have elapsed since filing of the writ petition, however according to the petitioner, respondents 6 to 8 are still continuing as managing committee members, which is against the Rule specified above.
5. However, learned Government Pleader has contented that, they are continuing as managing WP(C).No.30351 OF 2011 6 committee members by virtue of the exemption granted to the Rule and therefore, there is nothing illegal.
6. Having heard respective counsel across the Bar and evaluating the situation, this writ petition is disposed of, leaving open the liberty of the petitioner to approach the Government if still the petitioner is aggrieved on the basis of respondents 6 to 8 functioning as managing committee members of the school, and in spite of exemption granted by the Government as per the Government Order specified above.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 09.10.2019 WP(C).No.30351 OF 2011 7 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 23.9.2011 EXHIBIT P2 TRUE COPY OF THE REPORT EXHIBIT P3 TRUE COPY OF C.M.P.NO.2059/1994 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 1.7.1994 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT'S EXHIBITS:-
EXHIBIT R4(a) THE COPY OF THE G.O. (Rt.) NO.4662/07/Gen.Edn. DATED 21.11.1994