Kerala High Court
P.P. Bava vs State Of Kerala on 20 May, 2020
Equivalent citations: AIRONLINE 2020 KER 217
Bench: A.M.Shaffique, Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1507 OF 2018
AGAINST THE ORDER/JUDGMENT IN WPC 15675/2018 DATED 04-07-
2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
P.P. BAVA
S/O.P.K.KUNHAHAMMED, AGED 70 YEARS,
NALAMKANDATHIL HOUSE, POST KOOTTAYI,TIRUR TALUK,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE EDUCATION
DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT
EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM - 695 001.
WA No.1507/18 & conn.cases
-:2:-
4 THE DISTRICT EDUCATIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.
5 P.P.MOHAMMED YASEEN
S/O.MOHAMMEDKUTTY, MOULANA HOUSE, POST
KOOTTAYI, TIRUR TALUK,
MALAPPURAM DISTRICT,PIN - 676 562.
R1-4 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
R5 BY ADV. V.A.MUHAMMED
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1517/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1517 OF 2018
AGAINST THE JUDGMENT IN WPC 15673/2018 DATED 04-07-2018 OF
HIGH COURT OF KERALA
APPELLANT/7TH RESPONDENT:
P.P.BAVA
S/O.P.K.KUNHAHAMMED,AGED 70 YRS,RESIDING AT
NALALAKANDATHIL HOUSE,KOOTTAYI,TIRUR
TALUK,MALAPPURAM DISTRICT,PIN-676562.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 6 AND 8:
1 P.P.MUHAMMED YASEEN
MANAGER,MMM HIGHER SECONDARY
SCHOOL,KUTTAYI,TIRUR,MALAPPURAM DISTRICT-676562
AND (SECRETARY,KUTTAYI HIGH SCHOOL
COMMITTEE,KOOTTAYI,TIRUR,
MALAPPURAM DISTRICT-676562.
2 C.M.AKTHAR
PRESIDENT,KOOTAYI HIGH SCHOL
COMMITTEE,KUTTAYI,TIRUR,MALAPPURAM DISTRICT-
676562.
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,GENERAL EDUCATION
DEPARTMENT,SECRETARIAT,ANNEXE-
II,THIRUVANANTHAPURAM-695001.
WA No.1507/18 & conn.cases
-:4:-
4 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY,THIRUVANANTHAPURAM,PIN-695014.
5 THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL,MALAPPURAM-676519.
6 THE DISTRICT EDUCATIONAL OFFICER
TIRUR,MALAPPURAM DISTRICT,PIN-676101.
7 THE ASSISTANT EDUCATIONAL OFFICER
TIRUR,MALAPPURAM DISTRICT,PIN-676101.
8 THE DISTRICT REGISTRAR GEENERAL) & REGISTRAR OF
SOCIETY
CIVIL STATION,MALAPPURAM DISTRICT-676519.
9 JOSE.N.J
HSA,MMMHSS KUTTAYI,KUTTAYI.P.O,TIRUR,
MALAPPURAM DISTRICT,PIN-676562.
R1 BY ADV. SRI.T.KRISHNANUNNI (SR.)
R1 BY ADV. SRI.M.SAJJAD
R1-2 BY ADV. SRI.V.A.MUHAMMED
R3-8 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1688 OF 2018
AGAINST THE JUDGMENT IN WPC 18338/2018 DATED 04-07-2018 OF
HIGH COURT OF KERALA
APPELLANT/ADDL.6TH RESPONDENT:
P.P. BAVA
AGED 70 YEARS
S/O.P.K.N.KUNHAMMED, POST KOOTTAYI, TIRUR
TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/PETITIONER AND OTHER RESPONDENTS:
1 P.P. MUHAMMED YASEEN
AGED 67 YEARS
S/O.MOHAMMEDKUTTY, MANAGER,
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR,
MALAPPURAM DISTRICT-676 562.
2 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
ANNEXE - II, THIRUVANANTHAPURAM-695 001
3 THE DIRECTOR OF HIGHER SECONDARY EDUATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
WA No.1507/18 & conn.cases
-:6:-
4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION
MALAPPURAM - 676 505.
5 THE DISTRICT EDUCATIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
6 THE PRINCIPAL
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR,
MALAPPURAM - 676 562.
R1 BY ADV. ADV V A MUHAMMED
R2-5 BY SR GOVT. PLEADER SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:7:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1690 OF 2018
AGAINST THE JUDGMENT IN WPC 17663/2018 DATED 04-07-2018 OF
HIGH COURT OF KERALA
APPELLANT/6TH RESPONDENT:
MEENAKUMARI
AGED 54 YEARS
W/O.JAYASANKAR, HIGH SCHOOL ASSISTANT (MATHS),
MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL FOR R1 B/O
RESPONDENTS/PETITIONER AND OTHERS RESPONDENTS:
1 K.S. RAJENDRAN NAIR
HEAD MASTER, MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM - 676 562., PIN-
676562
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
ANNEXE - II, THIRUVANANTHAPURAM-695 001
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM - 695 014
4 THE DEPUTY DIRECTOR OF EDUCATIONS
DOWN HILL, MALAPPURAM - 676519
WA No.1507/18 & conn.cases
-:8:-
5 THE DISTRICT EDUCATIONAL OFFICER
TIRUR, MALAPPURAM DITRICT - 676 101
6 THE MANAGER
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR,
MALAPPURAM DISTRICT-676 562.
R1 BY ADV. ADV V.A MUHAMMED
BY GOVT. PLEADER SRI.AJ.VARGHESE
FOR R-2 TO R-6
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:9:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1691 OF 2018
AGAINST THE JUDGMENT IN WPC 16230/2018 DATED 04-07-2018 OF
HIGH COURT OF KERALA
APPELLANT/5TH RESPONDENT:
MEENAKUMARI
AGED 54 YEARS
W/O.JAYASANKAR, HIGH SCHOOL ASSISTANT (MATHS),
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR,
MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/PETITIONERS AND OTHER RESPONDENTS:
1 P.P. MUHAMMED YASEEN
MANAGER, MMM HIGHER SECONDARY SCHOOL, KUTTAYI,
TIRUR, MALAPPURAM DISTRICT-676 562.
2 K.S.RAJENDRAN NAIR,
HEADMASTER, MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM DISTRICT-676 562.
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
ANNEXE-II, THIRUVANANTHAPURAM-695 001.
4 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
JAGATHY, THIRUVANANTHAPURAM-695 014.
WA No.1507/18 & conn.cases
-:10:-
5 THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPPURAM-676 519.
6 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
R1-2 BY ADV. V.A.MUHAMMED
R3-6 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:11:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1692 OF 2018
AGAINST THE JUDGMENT IN WPC 12055/2018 DATED 04-07-2018 OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER:
P.P. BAVA
AGED 70 YEARS
S/O.P.K.N.KUNHAMMED, NALAMKANDATHAIL HOUSE,
POST KOOTTAYI, TIRUR TALUK, MALAPPURAM
DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
2 THE PRINCIPAL
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR,
MALAPPURAM DISTRICT-676 562.
3 THE HEAD MASTER,
MMM HIGHER SECONDARY SCHOOL, KUTTAYI, TIRUR ,
MALAPPURAM DISTRICT-676 562.
4 THE DIRECTOR,
VIGILANCE AND ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM-695 001.
WA No.1507/18 & conn.cases
-:12:-
5 P.P.MUHAMMED YASEEN,
S/O.MOHAMMEDKUTTY, MOULANA HOUSE, POST KUTTAYI,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 562.
R1, R4 BY SR GOVERNMENT PLEADER
SRI.A.J.VARGHESE
R5 BY ADV. V.A.MUHAMMED
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:13:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1845 OF 2018
AGAINST THE JUDGMENT IN WP(C) 17240/2018(D) OF HIGH COURT
OF KERALA
APPELLANT/3RD PARTY:
P.P. BAVA
AGED 70 YEARS
S/O P. K. N KUNHAHAMMED,
NALAMKANDATHIL HOUSE,
POST KUTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT
BY ADV. C.M. MOHAMMED IQUABAL
RESPONDENTS/PETITIONER & RESPONDENTS:
1 JOSE N.J.
HSA, MMMHSS KUTTAYI,
KUTTAYI POST,
TIRUR, MALAPPURAM DISTRICT.
PIN-676562
2 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, POST TIRUR, MALAPPURAM DISTRICT,PIN-
676101
3 DISTRICT EDUCATIONAL OFFICER
FUNCTIONING AS MANAGER,
MMMHSS KUTTYI, KUTTAYI P.O., TIRUR, MALAPPURAM
DISTRICT-676562
WA No.1507/18 & conn.cases
-:14:-
4 MANAGER
MMMHSS KUTTAYI, KUTTAYI P.O.,
TIRUR, MALAPPURAM DISTRICT-676 562
5 MEENAKUMARI
HSA (MATHS), MMMHSS KUTTAYI, TIRUR, MALAPPURAM
DISTRICT-676562
R2-4 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:15:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1846 OF 2018
AGAINST THE JUDGMENT IN WP(C) 10262/2018(G) OF HIGH COURT
OF KERALA
APPELLANT/3RD PARTY:
P.P. BAVA
AGED 70 YEARS
P K N KUNHAHAMMED,
NALAMKANDATHIL HOUSE,
POST KOOTTAYI,
TIRUR TALUK,
MALAPPURAM DISRTICT
BY ADV. C.M. MOHAMMED IQUABAL
RESPONDENTS/PETITIONER AND RESPONDENTS:
1 JOSE N.J.
HSA, MMMHSS KUTTAYI,
KUTTAYI POST,
TIRUR ,
MALAPPURAM DISTRICT-676562
2 THE DISTRICT EDUCATIONAL OFFICER
POST TIRUR, MALAPPURAM DISTRICT,PIN-676101
3 MANAGER
MMMHSS KUTTAYI,
KUTTAYI P.O,
TIRUR ,
MALAPPURAM DISTRICT-676562
WA No.1507/18 & conn.cases
-:16:-
4 RAJENDRAN NAIR K.S.
HEAD MASTER, MMMHSS KUTTAYI,
TIRUR ,
MALAPPURAM DISTRICT-676562
R2 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
R4 BY ADV. V.A.MUHAMMED
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:17:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1862 OF 2018
AGAINST THE JUDGMENT IN WP(C) 16230/2018(C) OF HIGH COURT
OF KERALA
APPELLANT/3RD PARTY:
P.P BAVA
AGED 70 YEARS
S/O P. K. N. KUNHAHAMMED,
NALAMKANDATHIL HOUSE,
POST KUTTAYI,
TIRUR TALUK,
MALAPPURAM DT
BY ADV. SRI.P.ABDUL NISHAD
RESPONDENT/PETITIONERS AND OTHER RESPONDENTS:
1 P.P. MUHAMMED YASEEN
MANAGER,
MMM HIGHER SECONDARY SCHOOL,
KUTTAYI,
TIRUR,
MALAPPURAM 676562
2 K.S.RAJENDRAN NAIR
HEADMASTER, MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM DISTRICT-676 562.
WA No.1507/18 & conn.cases
-:18:-
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, ANNEXE - II, THIRUVANANTHAPURAM-
695 001.
4 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695 014.
5 THE DEPUTY DIRECTOR OF EDUCATIOM
DOWN HILL, MALAPPURAM-676 519.
6 THE DISTRICT EDUCATIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
7 MEENAKUMARI
AGED 54 YEARS
W/O.JAAYSANKAR, HIGH SCHOOL ASSISTANT (MATHS),
MMM HIGHER SECONDARY SCHOOL, KUTTAYI,
TIRUR, MALAPPURAM DISTRICT-676 101.
R1-2 BY ADV. SRI.V.A.MUHAMMED
R3-6 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:19:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 20TH DAY OF MAY 2020 / 30TH VAISAKHA, 1942
WA.No.1863 OF 2018
AGAINST THE JUDGMENT IN WP(C) 17663/2018(G) OF HIGH COURT
OF KERALA
APPELLANT/3RD PARTY:
P.P. BAVA
AGED 70 YEARS
S/O P.K.N. KUNHAHAMMED, NALAMKANDATHIL HOUSE,
POST KUTTAYI, TIRUR TAKUK, MALAPPURAM
BY ADV. P. ABDUL NISHAD
RESPONDENT/PETITIONER AND RESPONDENTS:
1 K.S. RAJENDRAN NAIR
HEAD MASTER, MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM - 676 562.
676562
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM-695
001.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM - 695 014.
4 THE DEPUTY DIRECTOR OF EDUCATIONS
DOWN HILL, MALAPPURAM - 676519.
WA No.1507/18 & conn.cases
-:20:-
5 THE DISTRICT EDUCATIONAL OFFICER
TIRUR, MALAPPURAM DITRICT - 676 101.
6 THE MANAGER
MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM DISTRICT-676 562.
7 MEENAKUMARI
AGED 54 YEARS
W/O.JAYASANKAR, HIGH SCHOOL ASSISTANT (MATHS),
MMM HIGHER SECONDARY SCHOOL,
KUTTAYI, TIRUR, MALAPPURAM DISTRICT.
R1 BY ADV. SRI.V.A.MUHAMMED
R2-5 BY ADV. SR GOVERNMENT PLEADER
SRI.A.J.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-01-
2020, ALONG WITH WA.1507/2018 AND CONNECTED CASES, THE
COURT ON 20-05-2020 DELIVERED THE FOLLOWING:
WA No.1507/18 & conn.cases
-:21:-
JUDGMENT
[ WA.1507/2018, WA.1517/2018, WA.1688/2018, WA.1690/2018, WA.1691/2018, WA.1692/2018,WA.1845/2018, WA.1846/2018, WA.1862/2018, WA.1863/2018 ] Dated this the 20th day of May, 2020 Shaffique, J.
Except WA Nos. 1690 & 1691/18, all other appeals are filed by Sri.P.P.Bava. He challenges the judgment of the learned Single Judge in a batch of writ petitions by which the learned Single Judge having interfered with an order passed by the Government permitted Sri.P.P.Muhammed Yaseen to continue as Manager of a school until the issues between the parties are decided by a competent civil Court or other competent authority.
2. For easy reference, we may refer to the facts as stated in WP(C) No. 15673/2018 and the parties are referred to as shown in the said writ petition unless otherwise stated. Sri.Muhammed Yaseen, who is the 1st petitioner, claimed to be the Manager of M.M.M.Higher Secondary School, Kuttayi, Tirur in Malappuram District. According to him, he was elected as Manager in the year 1986 which was approved by the District Educational Officer as WA No.1507/18 & conn.cases -:22:- per Ext.P2 order dated 14/8/1986. There was no challenge to his being Manager and he continued to be so until the 7 th respondent Sri.P.P.Bava, challenged his approval of managership before the Director of Public Instruction, consequent to which by order dated 25/8/2017 (Ext.P3), the approval granted to the 1 st petitioner as Manager came to be cancelled. 1st petitioner filed a revision before the Government which was finally decided as per Ext.P6 order dated 3/5/2018. The Government confirmed the view of the Director of Public Instruction removing the 1 st petitioner from the post of Manager and appointed the District Educational Officer as temporary Manager until the members of the Managing Committee appoints a new Manager.
3. The appellant took up a contention that by a decision of the Managing Committee taken on 10/3/2017, 1 st petitioner was removed from the post of Manager and Sri.Koyamoideen was appointed as Manager and the matter was informed to the District Educational Officer. It is therefore contended that the Director of Public Instruction was justified in issuing the impugned order.
4. It was further contended that the educational institutions are run by a Society known as Koottayi School WA No.1507/18 & conn.cases -:23:- Committee, which is a registered body under the Societies Registration Act, 1862. As per the amended bye law, there are only 15 members in the Committee of which one person is no more. There were allegations against Sri.P.P.Muhammed Yaseen regarding the management of the schools under the Corporate Management. Accordingly, the members of the Society convened a meeting of the Board to resolve the issue. Since a proper meeting was not convened, Sri.P.P.Bava convened a meeting on 10/3/2017 with due notice to the entire members of the Committee. The said meeting is a validly constituted meeting based on the bye law and it is not open for the party respondents to take a different view.
5. We heard the learned Senior counsel Sri.S.Sreekumar appearing on behalf of the appellants, Sri.T.Krishnanunni, learned counsel appearing on behalf of the contesting private respondent and the learned Government Pleader appearing on behalf of the State and its authorities.
6. Ext.P1 (produced in WP(C) No. 15673/2018) is a bye law of the Society which was approved on 2/8/1986. As per the said bye law, the General Body of the Committee has to appoint a permanent Manager for the school. Therefore, the contention of WA No.1507/18 & conn.cases -:24:- Sri.P.P.Muhammed Yaseen is that, as he was appointed as Manager of the educational institution, he cannot be removed from the said position.
7. On the other hand, the specific contention raised by the appellant is that the Manager had been removed on the basis of a decision taken in a meeting of the Managing Committee convened on 10/3/2017.
8. First of all, going by the terms of bye law, the power is conferred on the General Body of the Society to appoint the Manager. The resolution passed by the General Body in the year 1986 is not forthcoming. Even otherwise, when the General Body of a Society has been given the power to appoint a Manager, the Manager can be removed only by a decision of the General Body. The specific contention of the appellants is that Sri.P.P.Muhammed Yaseen had been removed from the position of Manager based on the decision of the Managing committee convened on 10/3/2017. Ext.P7 (in W.P.(C).No.15675/2018) is the minutes of the Committee decision which clearly indicates that the meeting of 10/3/2017 was that of the Managing Committee. The contention urged by learned counsel for the appellant is that the said decision of the Managing Committee has to be treated as WA No.1507/18 & conn.cases -:25:- the decision of the General Body. We do not think so. When the right to appoint a Manager is conferred on the General Body of a Society, it is for the General Body to remove the Manager and to appoint a new Manager. In the cases on hand, no such General Body was convened on 10/3/2017. Therefore, the said decision cannot be the basis for the contention that Sri.P.P.Muhammed Yaseen had been removed from the position of Manager and that a new Manager had been appointed.
9. We are also told that certain other General Body meetings of the Society were also held which again are all disputed facts. If there is any dispute regarding the validity of the meeting, the Educational Authorities cannot consider the same and it is for the relevant parties to approach the civil court and resolve the dispute. Therefore, the learned Single Judge was justified in observing that the Educational Authorities cannot decide on the internal matters connected with the functioning of the Society and the validity of the meetings.
10. The main objection raised by the learned counsel for the appellants is with reference to the decision of the learned Single Judge to permit Sri.P.P.Muhammed Yaseen to continue as Manager. It is argued that he was involved in large scale WA No.1507/18 & conn.cases -:26:- manipulations and was acting contrary to the interest of the members of the society. There is no dispute about the fact that Sri.P.P.Muhammed Yaseen was appointed as Manager in the year 1986. He was continuing as such and so far, there is no decision in a validly constituted meeting of the General Body removing him from the said position. The contention that approval is confined only for 3 years has no basis and therefore until Sri.P.P.Muhammed Yaseen is validly removed by a duly constituted General Body, he can continue as Manager, of course, subject to other provisions of Kerala Education Act and the Rules framed thereunder. Sri.Muhammed Yaseen's involvement in any illegality with reference to the property of the society is to be agitated in appropriate proceedings.
11. In the result, we do not find any error being committed by the learned Single Judge in setting aside the order of the Government to the extent indicated above.
12. As far as other directions issued by the learned Single Judge are concerned, in so far as there is no challenge to the same, we do not want to express any opinion on the said matter.
13. In WA Nos. 1690 and 1691/18 also, the appellant's contention is similar to the contention urged by Sri.P.P.Bava. The WA No.1507/18 & conn.cases -:27:- appellant was the 6th respondent in WP(C) No. 17663/2018. The said writ petition was filed by one Sri.K.S.Rajendran Nair challenging Ext.P7 order dated 28/5/2018 issued by the District Educational Officer. By the impugned order, direction had been issued to take disciplinary action and he was placed under suspension. The contention of the petitioner was that before initiating action in terms of S.12A of the Kerala Education Act, the District Educational Officer ought to have informed the Manager about the circumstances for initiating disciplinary action and that apart, Ext.P5 order dated 3/5/2018 was stayed by this Court as per Ext.P6 order dated 11/5/2018 in WP(C) No. 15673/2018 and the same was extended by order dated 25/5/2018. Therefore, Ext.P7 order is erroneous. The learned Single Judge observed that the order of suspension of Sri.K.S.Rajendran Nair was taking note of the fact that there was non compliance of directions to put Smt. Mennakumari in charge of the Headmaster. In so far as the order passed by the District Educational Officer was stayed by this Court on 11/5/2018, there was valid reason for Sri.K.S.Rajendran Nair in not complying with order passed by the District Educational Officer.
14. WA No.1691/2018 is filed by the 5 th respondent in WA No.1507/18 & conn.cases -:28:- WP(C) No. 16230/2018. In the light of our finding in WA No.1690/18, nothing further survives to be decided in this appeal, and it is only to be dismissed.
15. We therefore do not find any error being committed by the learned Single Judge in setting aside the impugned order in these cases.
Since no grounds are made out for interference, appeals are dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
MARY JOSEPH
Rp JUDGE
WA No.1507/18 & conn.cases
-:29:-
APPENDIX OF WA NO.1507/2018
APPELLANTS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE STATE PUBLIC INFORMATION OFFICER AND DISTRICT REGISTRAR (GENERAL), MALAPPURAM DATED 15.9.2015.
ANNEXURE A2 TRUE COPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT BEFORE THE CENTRAL RIGHT TO INFORMATION OFFICER, REGIONAL DIRECTOR, SOUTHERN REGIONAL COMMITTEE (NCTE) BANGALORE DATED 16.10.2015.
ANNEXURE A3 TRUE COPY OF THE REPLY ISSUED BY THE
PUBLIC INFORMATION OFFICER, NCTE,
BANGALORE DATED 20.1.2016.
WA No.1507/18 & conn.cases
-:30:-
APPENDIX OF WA 1517/2018
APPELLANT'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE COMPLAINT PREFERRED
BEFORE THE 6TH RESPONDENT DATED
7.6.2019.
ANNEXURE A2 TRUE COPY OF THE COMPLAINT PREFERRED
BEFORE THE SUB INSPECTOR OF POLICE,
TIRUR DATED 7.6.2019.
ANNEXURE A3 TRUE COPY OF THE RECEIPT ISSUED BY THE
SUB INSPECTOR OF POLICE, TIRUR DATED
7.6.2019.
ANNEXURE A4 TRUE COPY OF THE COMPLAINT PREFERRED
BEFORE THE 6TH RESPONDENT DATED
20.6.2019.
ANNEXURE A5 TRUE COPY OF THE COMMUNICATION SENT BY
THE 6TH RESPONDENT TO THE APPELLANT
DATED 28.6.2019.
ANNEXURE A6: THE TRUE COPY OF THE PLAINT IN
O.S.NO.139/2017 OF THE MUNSIFF COURT, TIRUR DATED 11.4.2017.
ANNEXURE A7: THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.139/2017 OF THE MUNSIFF COURT, TIRUR DATED 27.06.2017.
ANNEXURE A8: THE TRUE COPY OF THE PLAINT IN O.S.NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 08.11.2017.
ANNEXURE A9: THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.139/2017 OF THE MUNSIFF COURT, TIRUR DATED 19.10.2017.
ANNEXURE A10: THE TRUE COPY OF THE LIST FOR THE YEAR 2003-04 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A11: THE TRUE COPY OF THE LIST FOR THE YEAR 2008-09 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
WA No.1507/18 & conn.cases -:31:- ANNEXURE A12: THE TRUE COPY OF THE LIST FOR THE YEAR 2009-10 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A13: THE TRUE COPY OF THE LIST FOR THE YEAR 2010-11 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A14: THE TRUE COPY OF THE LIST FOR THE YEAR 2011-12 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A15: THE TRUE COPY OF THE LIST FOR THE YEAR 2012-13 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A16: THE TRUE COPY OF THE LIST FOR THE YEAR 2013-14 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A17: THE TRUE COPY OF THE LIST FOR THE YEAR 2014-15 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
ANNEXURE A18: THE TRUE COPY OF THE LIST FOR THE YEAR 2015-16 OF KUTTAYI HIGH SCHOOL COMMITTEE SUBMITTED BY THE PETITIONER.
RESPONDENT'S EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE PROCEEDINGS OF THE REGISTRAR OF SOCIETIES DATED 19/07/2016.
ANNEXURE R1(B) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.25495/2016 DATED 13/12/2018.
ANNEXURE R1(C) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO.154/2019 DATED 20/03/2019.
ANNEXURE R1(D) TRUE COPY OF THE LIST OF OFFICE BEARERS OF KOOTTAYI HIGH SCHOOL COMMITTEE APPROVED BY TH REGISTRAR OF SOCIETIES FOR THE YEAR 2016-17.
WA No.1507/18 & conn.cases -:32:- ANNEXURE R1(E) TRUE COPY OF THE LIST OF OFFICE BEARERS OF KOOTTAYI HIGH SCHOOL COMMITTEE FOR THE YEAR 2017-18.
ANNEXURE R1(F) TRUE COPY OF THE LIST OF OFFICE BEARERS OF KOOTTAYI HIGHS SCHOOL COMMITTEE FOR THE YEAR 2018-19.
ANNEXURE R1(G) TRUE COPY OF THE MINUTES OF THE GENERAL BODY OF THE KOOTTAYI HIGH SCHOOL COMMITTEE DATED 27/11/2011.
ANNEXURE R1(H) TRUE COPY OF THE PROCEEDINGS OF THE REGISTRAR OF SOCIETIES DATED 15/05/2019.