Kerala High Court
P.K.Krishnaswamy vs Stateof Kerala
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY,THE 20TH DAY OF NOVEMBER 2014/29TH KARTHIKA, 1936
O.P.No. 4128 of 2003 (N)
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PETITIONER:
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P.K.KRISHNASWAMY
'KRISHNASREE', UMA NAGAR,
KODUNTHIRAPULLY P.O., PALAKKAD - 678 004.
BY SRI.P.K.SURESH KUMAR (SR. ADVOCATE)
ADVS. SRI.T.C.SURESH MENON
SRI.PRINCE.K.ELIAS
SRI.R.RAJA RAJA VARMA
SRI.P.K.SURESH KUMAR (SR.)
RESPONDENTS:
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1. STATEOF KERALA
THE SECRETARY TO GENERAL EDUCATION (B) DEPARTMENT
SECRETARIAT,THIRUVANANTHAPURAM.
2. THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD.
3. THE DISTRICT EDUCATIONAL OFFICER,
PALAKKAD.
4. THE HEADMASTER, SARVAJANA HIGH SCHOOL,
PUDUCODE, PALAKKAD.
5. P.V.PARAMESWARA IYER, RESIDING AT
PUDUCODE VILLAGE, PALAKKAD.
*ADDITIONAL R6 TO R9 IMPLEADED:
6. M. MUSTHAFA, S/O. MOIDEEN PILLAI RAWTHER,
AGED 65 YEARS, MEETHALAPPA, PUTHUCODE,
ANCHUMURI, PALAKKAD DISTRICT.
7. K.A. VELUKUTTY,
KANNATHUKAD, MANAPPADAM,
PALAKKAD DISTRICT.
8. KRISHNAN UNNI,
SAIKRIPA, MANAPPADAM, PALAKKAD.
O.P. No.4128/2003 -2-
9. KARUNAKARA WARRIER,
POURNAMI, NORTH VILLAGE,
PUTHUCODE.
*ADDL. R6 TO R9 IMPLEADED AS PER ORDER DT. 20/06/03 IN I.A.4622/2003.
**ADDITIONAL R.10 IMPLEADED:
10. K.U. UNNIMOHAMMED,
MORAIYOOR VIA MONGAM,
MALAPPURAM DISTRICT.
**ADDL. R.10 IS IMPLEADED AS PER THE ORDER DT. 19/10/2004 IN I.A.
NO.14083/2004.
***ADDITIONAL RESPONDENTS 11 & 12 IMPLEADED:
11. P.B.VENKATARAMAN,
S/O. LATE P.S.BALAKRISHNAN,
B-15, AAISHIANA, 21, VENUS COLONY,
2ND STREET,ALWARPET, CHENNAI - 600 018, TAMIL NADU.
12. P.R.SUNDARAM, S/O. LATE P.S.RAMACHANDRAN,
22, ELDAMS ROAD, ALWARPET, CHENNAI - 600 018, TAMIL NADU.
***ADDITIONAL RESPONDENTS 11 & 12 ARE IMPLEADED AS PER ORDER
DATED 06/06/2005 IN I.A. NO.6870/2005.
****ADDITIONAL RESPONDENTS 13 & 14 IMPLEADED:
13. THE NADUVIL MADHAM, TRICHUR,
REPRESENTED BY SRI. K. KRISHNAN NAMBOODIRI,
MANAGER, NADUVIL MADHAM GROUP DEVASWOMS,
THIRUVALATHUR, PALAGHAT DISTRICT.
14. SREE ANNAPOORNESWARI POOJA CO-ORDINATORS' TRUST,
(ALSO KNOWN AS SAPCO TRUST), PUTHUCODE SOUTH VILLAGE,
PALGHAT DISTRICT, REPRESENTED BY ITS CHAIRMAN,
SMT. K.R. KAMALAM.
***ADDITIONAL RESPONDENTS 13 & 14 ARE IMPLEADED AS PER ORDER
DATED 06/06/2005 IN I.A. NO.6675/2005.
*****ADDITIONAL RESPONDENT 15 IMPLEADED:
15. M.C.CHELLAMANI
AGED 54 YEARS, S/O. CHINNAN, MOTHAYAMKODU VEEDU
MEMBER, WARD NO.X1, PUTHUCODE GRAMA PANCHAYATH
PUTHUCODE POST, PALAKKAD- 678 687.
*****ADDL.R15 IS IMPLEADED AS PER ORDER DTD. 05/03/2012 IN IA 3462/2012.
O.P. No.4128/2003 -3-
R1 TO R3 BY GOVT. PLEADER SRI. M.H. HANILKUMAR,
R5 BY ADVS. SRI.K.I.MAYANKUTTY MATHER,
SRI.PAUL ABRAHAM VAKKANAL,
ADDL. R6 TO R9 BY ADVS. SRI.V.A.MUHAMMED,
SRI.K.E.HAMZA,
ADDL. R10 BY SRI.A.P.CHANDRASEKHARAN, SR. ADVOCATE,
ADVS. SMT.PRABHA R.MENON,
SRI.M.KRISHNAKUMAR,
ADDL. R11 & 12 BY ADV. SMT. PREETHY KARUNAKARAN
ADDL. R13 & 14 BY ADVS. SRI.M.A.T. PAI,
SRI.MAHESH T. PAI.
ADDL.R15 BY ADVS. SRI.T.B.HOOD
SMT.M.ISHA
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20-11-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMG
O.P. No.4128/2003
APPENDIX
PETITIONER'S EXHIBITS
EXT- P1- TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE
2ND RESPONDENT DATED 17-10-2001.
EXT- P2- TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE
2ND RESPONDENT DATED 05-11-2001.
EXT- P3- TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE
2ND RESPONDENT DATED 15-11-2002.
EXT- P4- TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE
2ND RESPONDENT DATED 16-11-2002.
EXT- P5- TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT
DATED 04-01-2003.
EXT- P6- TRUE COPY OF THE VISIT NOTE ISSUED BY THE 3RD RESPONDENT
DATED 27-01-1994.
EXT- P7- TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 1999-
2000 ISSUED BY THE 3RD RESPONDENT.
EXT- P8- TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT
DATED 24-01-2003.
EXT- P9- TRUE COPY OF THE INSPECTION REPORT OF THE DEPARTMENT FOR
THE YEAR 1961-62
EXT- P10- TRUE COPY OF THE INSPECTION REPORT OF THE DEPARTMENT FOR
THE YEAR 1962-63
EXT- P11- TRUE COPY OF THE INSPECTION REPORT OF THE DEPARTMENT FOR
THE YEAR 1963-64
EXT- P12- TRUE COPY OF THE INSPECTION REPORT OF THE DEPARTMENT FOR
THE YEAR 1964-65
EXT- P13- TRUE COPY OF THE INSPECTION REPORT OF THE DEPARTMENT FOR
THE YEAR 1979-80
EXT- P14- TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA
GAZETTE EXTRA ORDINARY DATED 12-02-2004.
EXT- P14 (a) - TRUE COPY OF THE LETTER ADDRESSED TO THE PETITIONER BY
THE DISTRICT REGISTRAR, PALAKKAD DATED 14-03-1959.
EXT- P15- TRUE COPY OF THE LETTER DATED 16-08-1958.
O.P. No.4128/2003 -2-
EXT- P16- TRUE COPY OF THE STATEMENT ADDRESSED BY THE MEMBER TO
THE REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
CALICUT DATED 23-04-1966.
EXT- P17- TRUE COPY OF THE BASIC TAX RECEIPT DATED 17-12-2002.
EXT- P18- TRUE COPY OF THE LETTER DATED 24-09-1981.
EXT- P19- TRUE COPY OF THE LETTER DATED 29-04-2003.
EXT- P20- TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA
GAZETTE EXTRA ORDINARY DATED 12-02-2004.
EXT- P21- TRUE COPY OF THE LETTER ADDRESSED BY THE PETITIONER TO
THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DATED 28-11-2005.
EXT- P21 (a)- TRUE COPY OF THE COMPLAINT PREFERRED BY THE HEADMASTER
OF THE SCHOOL TO THE DISTRICT COLLECTOR, PALAKKAD
DATED 04-08-2005.
RESPONDENTS' EXHIBITS
EXT- R5 (a) - TRUE COPY OF THE DOCUMENT No.2432/1912.
EXT- R5 (b) - TRUE COPY OF THE RESOLUITION OF THE MANAGING COMMITTEE
OF THE SCHOOL.
EXT- R5 (c) - TRUE COPY OF THE RELEVANT PAGES OF THE LOG BOOK
MAINTAINED IN THE OFFICE OF THE SCHOOL.
EXT- R5 (d) - TRUE COPY OF THE RELEVANT PAGES OF THE SCHOOL CALENDAR
IN THE YEAR 1956-57.
EXT- R5 (e) - TRUE COPY OF THE LETTER SENT BY THE REGIONAL DEPUTY
DIRECTOR OF PUBLIC INSTRUCTION TO SRI. P.R. SESHADRI IYER.
EXT- R5 (f) - TRUE COPY OF THE LETTER SENT BY THE SARVAJANA EDUCATIONAL
COMMITTEE, PUTHUCODE TO THE MINISTER OF EDUCATION OF THE
GOVERNMENT.
EXT- R5 (g) - TRUE COPY OF THE LETTER OF REGIONAL DIRECTOR OF PUBLIC
INSTRUCTION, KOZHIKODE TO THE PRESIDENT OF SARVAJANA
EDUCATIONAL COMMITTEE, PUTHUCODE.
EXT- R5 (h) - TRUE COPY OF THE LETTER OF REGIONAL DIRECTOR OF PUBLIC
INSTRUCTION, KOZHIKODE TO SRI. P.R.N. RAMANATHAN IYER.
EXT- R5 (i) - TRUE COPY OF THE LETTER OF REGIONAL DIRECTOR OF PUBLIC
INSTRUCTION, KOZHIKODE TO P.V. PARAMESWARA IYER.
O.P. No.4128/2003 -3-
EXT- R5 (j) - TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE SARVAJANA
EDUCATIONAL ACTION COMMITTEE TO THE MINISTER FOR
EDUCATION, GOVERNMENT OF KERALA.
EXT- R15 (a) - TRUE COPY OF THE ADANGAL REGISTER IN RESPECT OF THE
PROPERTIES COMPRISED IN OLD SY. NOS.34 E 1, 2, 5, 6, 7 & 8 OF
PUTHUCODE VILLAGE.
EXT- R15 (b) - TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER EVIDENCING
THE REGISTRATION OF SARVAJANA EDUCATIONAL COMMITTEE,
PUTHUCODE.
EXT- R15 (c) - TRUE COPY OF THE JUDGMENT DATED 26-06-2007 IN O.S. No.182/2006
OF THE MUNSIFF COURT ALATHUR.
EXT- R15 (d) - TRUE COPY OF THE JUDGMENT DATED 31-03-2011 IN A.S No.255/2007
OF THE DISTRICT COURT, PALAKKAD.
True copy
P.A. To Judge
AMG
C.K. ABDUL REHIM, J.
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O.P. No. 4128 OF 2003-N
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DATED THIS THE 20th DAY OF NOVEMBER, 2014.
J U D G M E N T
This writ petition was filed as early as in the year 2003. Challenge was originally against Ext.P5 order through which the 2nd respondent had declared that the petitioner is unfit to hold managership of 'Sarvajana High School', Puducode in Palakkad district. The said order was issued in exercise of powers vested under Rule 7 of Chapter III of K.E.R. The writ petition was subsequently amended incorporating relief seeking to quash Ext.P20 order passed by the 1st respondent taking over management of the school for a period of 5 years on public interest, in exercise of power vested under Section 14 (2) of the Kerala Education Act, 1958.
2. The school in question was established as early as in the year 1946 by the educational agency, "Sarvajana Education Committee. One Sri.P.K. Narayana Iyer was the Manager of the school, who was the Secretary of the above said committee. After death of Sri.P.K. Narayana Iyer the OP No.4128/2003 -2- petitioner was appointed as the Manager of the school. According to the petitioner he was acting as Manager since 1958 onwards. By the time the committee become a defunct but the petitioner continued as such. In Ext.P5 order the 2nd respondent found that the petitioner had failed in obeying directions issued by the Director of Public Instructions and had failed to attend hearing conducted by the Director. In the proceedings of the Director the petitioner was warned to desist from raising baseless allegations against the Department. The 2nd respondent had arrived at a conclusion that there is mismanagement, maladministration and disobeyance of the Departmental instructions on the part of the petitioner and that he had denied legitimate promotion to a rightful claimant teacher. In such circumstances exercising power vested under Rule 7 of Chapter III, K.E.R the petitioner was declared unfit to continue as the Manager of the school.
3. Eventhough the petitioner was removed from managership, the 2nd respondent has not appointed anybody else as Manager. Therefore the 3rd respondent issued OP No.4128/2003 -3- Ext.P8 proceedings through which the 5th respondent herein was approved as Manager of the school in question, provisionally with effect from 14-01-2003. It is observed in Ext.P8 that, out of 17 members of the "Sarvajana Education Committee" the 5th respondent alone was alive at that time. Since the petitioner was declared as removed there was no Manager for the school at that time and there arose a vacuum in the post of Manager. It is noticed in Ext.P8 that, the committee was not revived, despite directions issued from the Department. Under such circumstances the 5th respondent was appointed as the Manger. But the 5th respondent had intimated the 3rd respondent about his inability to take responsibility as Manager, through a letter dated 22-05-2003. He had also issued a letter to the 1st respondent intimating that he is not able to perform duties of the Manager because of his ill-health. In the said letter dated 03-11-2003 the 5th respondent had intimated the 1st respondent that, he has no objection in taking over management of the school by the Government for the benefit of the society. It is on that basis that Ext.P20 order OP No.4128/2003 -4- was issued by the Government on 12-02-2004, taking over the management of the school for a period of 5 years.
4. Challenge against Ext.P5 order disqualifying the petitioner does not survive for consideration at present in view of the subsequent development of taking over the management of the school by the Government, and continuance of the situation as such. It is submitted that the 5th respondent had already expired. Eventhough various persons and organisations have got impleaded in this writ petition and some of them have expressed willingness to take over the educational agency, those are matters which cannot be dealt with in this writ petition. It is noticed that the period of 5 years stipulated in Ext.P20 had already expired as on 04-02-2009. But it is conceded that the school in question is still continuing under the management of the Government. It is submitted by learned counsel appearing for respondents 7 to 9 that the school in question was upgraded as Higher Secondary school during the year 2010. From the facts revealed it is evident that the "Sarvajana Education Committee" which was the original agency of OP No.4128/2003 -5- the school has become defunct even much earlier.
5. Under the above mentioned circumstances this court is of the considered opinion that it is for the Government to take note of the situation and to resolve appropriate steps for continued functioning of the school and for its proper management. Learned senior counsel appearing for the petitioner had pointed out that, by virtue of Section 35 of the Kerala Education Act residuary powers are vested on the Government to issue any order which are not inconsistent with provisions of the Act as necessary or expedient for removal of any difficulty. It is contended that by virtue of such powers vested on the Government it is for the Government to reconsider the issue with respect to conferring the managership on the petitioner. However, this court is not expressing any findings with respect to such a claim. The Government need to examine the matter in the light of powers vested under Section 14 & 35 of the Kerala Education Act as well as provisions contained under Chapter XX of the K.E.R. Appropriate decision with respect to management of the school should be taken expeditiously, OP No.4128/2003 -6- especially in view of the fact that the period of 5 years mentioned in Ext.P20 stands already expired as early as in the year 2009.
6. Under the above mentioned circumstances this writ petition is disposed of by directing the 1st respondent to consider the matter and to take an appropriate decision in view of the observations contained herein above, after affording an opportunity of personal hearing to the petitioner and all other parties concerned. A decision in this regard shall be taken after obtaining report from the Educational Officer concerned and after taking note of all the attendant circumstances. A decision in this regard shall be taken as directed above at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge