High Court of KeralaSingle JudgeThe writ petition is disposed of with direction...

JUSTIN L. v. STATE OF KERALA & ORS.

Case / Petition Number:WP(C).No. 16021 of 2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhammed Mustaque
Judgment Date
2018-07-17
Court Decision / Holding
i. The challenge to impugned orders is rejected. ii. The third respondent is directed to consider whether suspension needs to be continued or not after hearing the petitioner and the Corporate Manager. iii. Appropriate decision shall be taken within one month.
Final Disposition
The writ petition is disposed of with directions. i) The challenge to impugned orders is rejected. ii) The third respondent is directed to consider whether continuation of suspension is warranted after hearing the petitioner and the Corporate Manager. iii) Appropriate decision shall be taken within one month.

Parties to the Case

Appellants / Petitioners

  • Justin L.

Respondents

  • State of Kerala
  • Director of Higher Secondary Education
  • Regional Deputy Director of Higher Secondary Education, Kottayam
  • Corporate Manager, Muslim Educational Society (MES) School
  • Principal, MES HSS Vandam Medu, Idukki District

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Kaleeswaram Raj
  • • Sri Varun C. Vijay
  • • Sriya Riya Moll Iype

Counsels for Respondents

  • • Sri Babu Karukapadath (for R4 & R5)
  • • Smt. Nisha Bose, Senior Government Pleader (for R1-R3)

Case Synopsis & Summary

This writ petition challenges a suspension extension of 15 days for an aided Higher Secondary School Teacher (HSST) in MES School, Vandammedu, Idukki. The petitioner, Justin L., was suspended for 15 days by the Corporate Manager on 31.3.2018. The Regional Deputy Director of Higher Secondary Education (RDD HSE) sought/issued permission to extend the suspension beyond 15 days on 3.4.2018, and an order extending the suspension was passed on 16.4.2018, i.e., after expiry of the initial 15 days. The core issue is the validity of extending suspension beyond 15 days where statutory rules (Rule 67(7)–(8) of Chapter XIV A, Kerala Education Rules, 1959) require the Educational Authority to sanction such extension within 15 days. Although various Division Bench decisions (e.g., W.A.No.140/2007; Sam Joseph v. State of Kerala) had held that HSSTs lack express statutory provision and must be governed by other provisions, this Court notes no statutory flavour for HSST suspension but emphasizes fairness. It reasons that the extension is governed by the principles of fairness rather than rigid statutory rules, while acknowledging public interest and student welfare. The Court ultimately directs a review by the Educational Authority and disposes of the petition with directions rather than striking down the orders. The third respondent is to decide within one month after hearing the petitioner and the Corporate Manager.

Provisions of Law Cited

Rule 67(7) and Rule 67(8) of Chapter XIV A, Kerala Education Rules, 1959Chapter XIV A of the Kerala Education Rules, 1959Rule 8A (to Rule 67 of Chapter XIV A)Chapter XXXII of Kerala Education Rules (for comparison)Article 14 of the Constitution of India

Legal Doctrines & Maxims

  • Statutory mandates must be complied with in the manner prescribed; deviation is impermissible where there is a statutory mandate.
  • Principles of fairness govern relationships and administrative actions where statutory rules are not explicit.
  • Public interest and avoidance of harm to students justify consideration of suspension continuation, even when strict statutory compliance is not present.
  • Where statutory rules exist, they are to be applied strictly; in their absence, fairness and due process mediate decisions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Rule 67(7)-(8) of Chapter XIV A Kerala Education Rules requires the Educational Authority to grant permission to extend suspension within 15 days; since the extension order was issued on 16.4.2018 (beyond 15 days), it cannot be treated as valid under Rule 67(8). It is argued that HSSTs in aided higher secondary schools are governed by general Kerala Education Act and Rules only insofar as explicit provisions exist, and there is no express statutory rule for HSST suspensions. The absence of such express provisions has been historically addressed by this Court in several decisions (e.g., W.A.No.140/2007 and Sam Joseph) which demand fairness and caution against arbitrary action, emphasizing that statutory rules should not be applied blindly where they have no statutory flavour for HSST. The petitioner seeks quashing of the extension order.

Contentions of Respondents

Respondents argue that while Rule 67(7)-(8) is a statutory provision, its strict application may not be appropriate in the HSST context due to lack of explicit statutory rules. They contend that the extension was a matter of fairness and public interest (protecting students and the paymaster State), and that Educational Authority’s decision, with due process, should be respected. They rely on prior Division Bench authority that, in absence of express statutory provisions, fairness and the spirit of the law should guide action, while acknowledging that statutory rules cannot be tinkered with arbitrarily. The respondents request deference to the Educational Authority’s assessment.”},

Cited Precedents (6)

Case NameCitationTreatmentExplanation
W.A.No.140/2007W.A.No.140/2007PositiveDivision Bench held absence of express provision governing higher secondary; government employees must be governed by other provisions; supports the view of non-statutory application for HSST suspension.
Sam Joseph v. State of Kerala2009 (3) KLT 99PositiveAffirmed the view that higher secondary staff absence of express provision; supports non-statutory approach under fairness.
Manager, S.N.V. High School v. State of Kerala1982 KLT 229PositiveHeld that orders passed after expiry of 15 days cannot be treated as orders under Rule 67(8); supports horizon of extension within fairness.
Lissy v. Manager, St.Stephen's Higher Secondary School2004 KHC 190PositiveSupportive authority regarding suspensions and the absence of statutory control for HSST in some contexts.
Ribin K.A. v. District Educational Officer and Others2012 KHC 67PositiveCited to illustrate the limits and fair application of rules governing suspension.
Jayasree's case (supra)—Partly Overruled / LimitedExtended application of statutory provisions to teachers up to high schools, but subsequent reasoning clarifies that HSST suspension lacks statutory flavour; thus limited application.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940 WP(C).No. 16021 of 2018 PETITIONER: JUSTIN L., AGE: 42 YEARS, S/O.LAZER C.V, HSST(HR) HG ZOOLOGY, MES HSS, VANDANMEDU, IDUKKI DISTRICT - 685 515, RESIDING AT STEFIN COTTAGE, VANDANMEDU P.O, VELLIMALA, IDUKKI DISTRICT - 685 515. BY ADVS.SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY SMT.RIYA RAYMOL IYPE RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. -695021. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOTTAYAM-683842. 4. CORPORATE MANAGER, MUSLIM EDUCATIONAL SOCIETY (MES) SCHOOL, BANK ROAD, CALICUT - 673 011. 5. PRINCIPAL, MES HSS, - VANDANMEDU, IDUKKI DISTRICT -685515. R4 & R5 BY ADV.SRI.BABU KARUKAPADATH R1 TO R3 BY SENIOR GOVERNMENT PLEADER, SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2018, THE COURT ON 17.07.2018 DELIVERED THE FOLLOWING: WP(C).No. 16021 of 2018 (C) ## APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : COPY OF THE SUSPENSION ORDER DATED 31.3.2018 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 : COPY OF THE ORDER NO.HSS/483/2018 DATED 16.04.2018 ISSUED BY THE 4TH RESPONDENT. ## RESPONDENTS EXHIBITS: EXHIBIT R3(A) : TRUE COPY OF THE ORDER NO.A3/6005/RDD/2017/KTM DATED 16/4/2018. EXHIBIT R3(B) : TRUE COPY OF SOME OF THE COMPLAINTS INSTITUTED BY TEACHERS AND STUDENTS OF THE SCHOOL. EXHIBIT R4(A) : TRUE COPIES OF SOME OF THE COMPLAINTS INSTITUTED BY THE TEACHERS AND STUDENTS OF THE SCHOOL BEFORE THE FIFTH RESPONDENT. EXHIBIT R4(B) : TRUE COPY OF THE INTIMATION/REQUEST DATED 31/03/2018, SUBMITTED BEFORE THE THIRD RESPONDENT. EXHIBIT R4(C) : TRUE COPY OF THE WRITTEN STATEMENT DATED 10.04.2018 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXHIBIT R4(D) : TRUE COPY OF THE E-MAIL INTIMATION DATED 16/04/2018 GIVEN TO THE PETITIONER AND HIS REPLY TO THE SAME. EXHIBIT R4(E) : TRUE COPY OF THE MEMO OF CHARGES ALONG WITH STATEMENT OF ALLEGATION DATED 25/04/2018 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. EXHIBIT R4(F) : TRUE COPY OF EXPLANATION DATED 11/05/2018 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. //TRUE COPY// P.A.TO JUDGE ln ## **A.MUHAMED MUSTAQUE, J.** _*******************************************************************************_ ## W.P.(C) No.16021 of 2018 _*******************************************************************************_ ## Dated this the 17[th] day of July, 2018 ## JUDGMENT The petitioner, Higher Secondary School Teacher (HSST) in an aided school, questions an order of extending suspension beyond 15 days on the ground that such order was issued after the expiry of 15 days of suspension. 2. The petitioner is at present working under the Corporate Management, namely, M.E.S. in their aided higher secondary school, Vandanmedu, Idukki District. The petitioner was suspended by the Corporate Manager for 15 days vide an order dated 31.3.2018. The proposal for granting permission to extend the period of suspension beyond 15 days was received at the office of the Regional Deputy Director of Higher Secondary Education on 3.4.2018. The Regional Deputy Director of Higher W.P.(C) No.16021 of 2018 2 Secondary Education passed an order extending suspension beyond 15 days on 16.4.2018. The crux of the dispute in this writ petition is revolving around the validity of that order which was admittedly issued after the expiry of 15 days. As per Rule 67 (7) and (8) of Chapter XIVA of the Kerala Education Rules, 1959 (for short, the 'Rules'), no teacher shall be placed under suspension by the Manager for a continuous period exceeding 15 days without the previous sanction of the Educational Authority. It is a mandate under Rule 67(8) that the Educational Authority has to pass an order permitting suspension beyond 15 days within 15 days of such suspension. 3. There are no statutory rules governing suspension and disciplinary action so far as it related to teachers in higher secondary. The Division Bench judgment of this Court in W.A.No.140/2007 dated 8.4.2009 had taken a view W.P.(C) No.16021 of 2018 3 that the absence of an express provision governing higher secondary, the employees of higher secondary will have to be governed by the other provisions applicable under the Kerala Education Act and Rules. This view was also affirmed by another Division Bench judgment of this Court in Sam Joseph v. State of Kerala [2009 (3) KLT 99]. 4. The Division Bench judgment of this Court in Manager, S.N.V. High School v. State of Kerala [1982 KLT 229] held that any order passed by an Educational Officer after the expiry of 15 days, cannot be treated as an order under Rule 67(8). The line of decisions of this Court following S.N.V. High School's case (supra) had taken a consistent view that no Manager can place a teacher under suspension beyond 15 days unless the Educational Officer grants permission within 15 days (See the judgments in Lissy v. Manager, St.Stephen's Higher Secondary School W.P.(C) No.16021 of 2018 4 [2004 KHC 190] and Ribin K.A. v. District Educational Officer and Others [2012 KHC 67) . Perhaps, the issue could have been concluded easily in the light of statutory mandate as well as in the light of the judgments referred above, but for the reason that present dilemma arose in the context of suspension of an HSST teacher. 5. It is the well settled proposition of law that if the statute mandates, the particular act has to be done in the particular manner there cannot be any deviation for giving effect to the statutory mandate. However, in this case, there are no incorporation of statutory rules as referred under Chapter XIVA of the Rules of governing suspension into Chapter XXXII of covering teachers and non-teaching staff of the aided higher secondary schools. This Court in Jayasree's case (supra) extended the application of other statutory provisions governing the teachers upto high W.P.(C) No.16021 of 2018 5 schools into Chapter XXXII for a fair application of Rules governing relationship. That does not mean that rules have a statutory character in respect of HSST. The constitutional court would always apply the principles of fairness to govern relationship, otherwise it would result in arbitrariness and anarchy which are opposed to constitutional guarantee of equality as enshrined under Article 14 of the Constitution. 6. The rigour of statutory provisions to pass orders within 15 days cannot have an application in the matter of suspension of the HSST for the simple reason it has no statutory flavour. The procedure as set out in Rule 67 (7) and 8 is followed by the Managers of HSST as a rule of fairness and not as a statutory rule. If the Manager had adhered to fairness in dealing with suspension consistent with spirit of law as referable to the Kerala Education Rules, W.P.(C) No.16021 of 2018 6 and that decision has got approval of the Educational Officer, the court cannot interfere with such decision in exercise of power under Article 226 of the Constitution. 7. In the light of the discussions as above, this Court is of the view that rigour of Rule 67 (7) and (8) of the Rules to pass an order granting permission to extend the suspension beyond 15 days, within 15 days of suspension would not have an application as far as HSST concerned unless such Rules have a statutory character. The predominant purpose of the Rule is to protect the public interest as the State is the paymaster, as the State wants to ensure students should not suffer on account of unnecessary suspension of a teacher. It is for this reason, the strict application of this Rule is insisted under the Rule. It being a Statutory Rule, no authority can tinker application of Rule even for any justifiable reasons. However, when the Rule is W.P.(C) No.16021 of 2018 7 applied as part of procedure of convenience in the absence of Statutory Rule it loose its rigour of strictness of the Statutory Rule. In such situation, the Rule has to be viewed from the angle of principles of fairness and not as a statutory Rule. 8. At the bar, it is submitted that the petitioner has suffered suspension beyond three months. In such circumstances, this Court is of the view that the Educational Authority must review whether continuation of suspension is necessary or not. It is to be noted that the State is the paymaster. Therefore, larger public interest requires periodical review of the need of suspension. It is for this reason, Rule 8A was incorporated to Rule 67 of Chapter XIV A. Therefore, I am of the view that the third respondent shall take a decision in the matter whether continuation of suspension is warranted or not. Accordingly, this writ W.P.(C) No.16021 of 2018 8 petition is disposed of with the following directions: - i. The challenge to impugned orders is rejected. - ii. The third respondent is directed to consider - whether suspension need to be continued or - not after hearing the petitioner and the Corporate Manager. - iii. Appropriate decision shall be taken within one month. Sd/- ## **A.MUHAMED MUSTAQUE, JUDGE** ln