MINI PAUL and 16 others v. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ## **`FRIDAY, THE 23[RD] DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945`** ## **`WP(C) NO. 28762 OF 2013`** ## **`PETITIONER/S:`** - `1 MINI PAUL, AGED 44 YEARS W/O.R.JAYAKUMAR JOSEPH, BHARANETHU VEEDU, AYATHIL P.O, KOLLAM DISTRICT.` - `2 APSARA R, AGED 40 YEARS W/O.K.SANTHOSH KUMAR, SARASWATHY VILASAM, SNEHANAGAR 141, ULIYAKOVIL P.O, KOLLAM DISTRICT.` - `3 SHEENA A.K., AGED 39 YEARS W/O.R.ANIL KUMAR, LALITHA SADANAM, AKKOLICHERRY, VALATHUNGAL P.O, KOLLAM DISTRICT.` - `4 MINI MOLLY R.K., AGED 38 YEARS W/O.V.JAYAKUMAR, VALIYA VEEDU, AKKOLICHERRY, KOOTTIKADA P.O, KOLLAM DISTRICT.` - `5 SHEEBA D., AGED 47 YEARS D/O.DIVAKARAN, SUDARSANALAYAM, SREE SARAVANA NAGAR, ERAVIPURAM P.O, KOLLAM DISTRICT, PIN 691 011.` - `6 SHINY S., AGED 32 YEARS D/O.SHADEVAN R, REJANI NIVAS, KARTIKKUZHI, MAYYANAD P.O, KOLLAM DISTRICT, PIN 691 303.` - `7 REKHA R., AGED 45 YEARS, D/O.CHAKRAPANI, MULAVARAZHIKOM, MAYYANAD P.O, KOLLAM 691 303.` - `8 JAMUNA C., AGED 46 YEARS D/O.P.CHELLAPPAN CHETTIYAR, KOLLENTAZHIKOM, MAYYANAD P.O, KOLLAM 691 303.` - `9 GEETHA R., AGED 41 YEARS D/O.V.R.NAYANANA PILLAI, KIZHAKKADATHU VEEDU, AYATHIL P.O, KOLLAM DISTRICT.` - `10 SREELATHA T., AGED 44 YEARS D/O.RADHAKRISHNA PILLAI, CHAPLAZHIKKATHU VEEDU, SAR` **`IN`** - `11 SHOBHA NELSON, AGED 37 YEARS, D/O.BALAKRISHNAN V.G, SONIYAS, VALATHUGAL P.O, KOLLAM 691 018.` ``` WP(C) No.28762/2013 ``` 2 - `12 RAJINI A.V., AGED 45 YEARS D/O.K.VIDYADHARAN, RAJINI NIVAS, KARIKKUZHY, MAYYANAD P.O, KOLLAM 691 303.` - `13 SHEEJA T, AGED 38 YEARS D/O.KUNJUKRISHNAN R, PRASAD MANDIRAM, THEKKEVILA P.O, KOLLAM DISTRICT.` - `14 RENJINI A., AGED 39 YEARS D/O.SOMARAJAN G, UTHRADAM, DEECAT JN P.O, MUKHATHALA KOLLAM DISTRICT.` - `15 SHEEBAMOL A., AGED 28 YEARS D/O.SIDADASAN S, CHEMBAKAZHIKOM, ERAVIPURAM P.O, KOLLAM DISTRICT.` - `16 SHYLAJA SURESH, AGED 46 YEARS D/O.SARASAMMA, V.S BHAVAN, VADAKKEVILA NAGAR, A-82, PATTATHANAM P.O, KOLLAM DISTRICT.` - `17 EUGINE MICHAEL, AGED 54 YEARS D/O.P.WILSON, WILSON VILLA, KAKKOTHUMOOLA, MAYYANAD P.O, KOLLAM DISTRICT.` ``` BY ADVS. ``` - `SRI.JOSEPH RONY JOSE SMT.O.A.NURIYA` ## **`RESPONDENT/S:`** - `1 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2ND FLOOR, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 092, REPRESENTED BY ITS CHAIRMAN.` ``` 2THE MANAGER MAHATMA CENTRAL SCHOOL, ERAVIPURAM P.O, KOLLAM (CBSE AFFILIATION NO.930226), PIN 691 011. ``` - `3 THE PRINCIPAL` ``` WP(C) No.28762/2013 ``` 3 ``` MAHATMA CENTRAL SCHOOL, ERAVIPURAM.P.O, KOLLAM, PIN-691 011. ``` ``` 4MAHATMA GANDHI EDUCATIONAL AND CHARITABLE SOCIETY MAHATMA NAGAR, ERAVIPURAM POST, KOLLAM 691 011 REPRESENTED BY ITS SECRETARY. ``` ``` 5UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF EDUCATION, GOVERNMENT OF INDIA, NEW DELHI-110001. ``` ``` SRI S MANU DSGI, SRI NIRMAL S., SC CBSE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) No.28762/2013 ``` 4 ## P.V.KUNHIKRISHNAN, J. --------------------------------------- ## WP(C) No.28762 of 2013 ---------------------------------------------Dated this the 23[rd] day of February, 2024 ## JUDGMENT The writ petition is filed with the following prayers: - (i) Issue a writ of certiorari calling for the records leading to Ext.P13 proceedings and quash the same; - (ii) Declare that Ext.P3 circular is having only prospective effect and the termination of the services of the petitioners on the basis of Ext.P3 is illegal and arbitrary; - (iii) Issue a writ of mandamus directing the respondents 2 to 4 to reinstate the petitioners in service of Mahatma Central School; - (iv) Issue a writ of mandamus directing the respondents 2 to 4 to appoint those petitioners who are having higher educational qualifications, as teachers in Primary/High School/Higher Secondary classes, in compliance with the undertaking given to this Hon’ble Court in WP(C) No.12450/2013.” 2. The main prayer is against the illegal termination of Pre Primary teachers who were working in a CBSE School. When this writ petition came up for consideration, the learned Standing Counsel for the CBSE submitted that, in the light of the Division Bench judgment of this Court in Sommy ``` WP(C) No.28762/2013 ``` 5 Kunjappan and Ors. v. Central Board of Secondary Education and Ors. [2019 (2) KHC 1] and Sindhu S. and Ors. v. Raja Ravi Varma Central School and Ors. [ILR 2022 (3) (Ker) 996], the writ petition is not maintainable. There is force in the argument of the learned Standing Counsel. The learned counsel for the petitioners submitted that, there is statutory violation. If that is the case, the writ petition can be closed granting liberty to challenge the termination of service and for other reliefs before the appropriate court in accordance with law. Liberty granted. With the above observation, the writ petition is closed. Sd/- ncd P.V.KUNHIKRISHNAN JUDGE ``` WP(C) No.28762/2013 ``` 6 ## **`APPENDIX OF WP(C) 28762/2013`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1 ``` ``` COPY OF THE RELEVANT PORTION OF THE CBSE SCHOOL DIRECTORY. ``` ``` COPY OF THE SHOW CAUSE NOTICE DATED EXHIBIT P26.5.2013 ISSUED TO THE IST PETITIONER. ``` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(A) 6.5.2013 ISSUED TO THE 2ND PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(B) 6.5.2013 ISSUED TO THE 3RD PETITIONER.` ``` COPY OF THE SHOW CAUSE NOTICE DATED EXHIBIT P2(C)6.5.2013 ISSUED TO THE 4TH PETITIONER. ``` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(D) 6.5.2013 ISSUED TO THE 5TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(E) 6.5.2013 ISSUED TO THE 6TH PETITIONER.` ``` COPY OF THE SHOW CAUSE NOTICE DATED EXHIBIT P2(F)6.5.2013 ISSUED TO THE 7TH PETITIONER. ``` ``` COPY OF THE SHOW CAUSE NOTICE DATED EXHIBIT P2(G)6.5.2013 ISSUED TO THE 8TH PETITIONER. ``` ``` COPY OF THE SHOW CAUSE NOTICE DATED EXHIBIT P2(H)6.5.2013 ISSUED TO THE 9TH PETITIONER. ``` ``` WP(C) No.28762/2013 ``` 7 - `EXHIBIT P2(I)` - `COPY OF THE SHOW CAUSE NOTICE DATED 6.5.2013 ISSUED TO THE 10TH PETITIONER.` - `EXHIBIT P2(J)` - `COPY OF THE SHOW CAUSE NOTICE DATED 6.5.2013 ISSUED TO THE 11TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(K) 6.5.2013 ISSUED TO THE 12TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(L) 6.5.2013 ISSUED TO THE 13TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(M) 6.5.2013 ISSUED TO THE 14TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(N) 6.5.2013 ISSUED TO THE 15TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(O) 6.5.2013 ISSUED TO THE 16TH PETITIONER.` - `COPY OF THE SHOW CAUSE NOTICE DATED` - `EXHIBIT P2(P) 6.5.2013 ISSUED TO THE 17TH PETITIONER.` - `EXHIBIT P3` - `COPY OF THE CIRCULAR NO.19 DATED 6.3.2012.` - `COPY OF THE ORDER IN WPC` - `EXHIBIT P4 NO.12450/2013 DATED 23.7.2013 OF THIS HONOURABLE COURT.` - `EXHIBIT P5` - `COPY OF THE REPLY FILED BY THE IST PETITIONER DATED 16.5.2013.` - `COPY OF THE REPLY FILED BY THE 2ND` - `EXHIBIT P5(A) PETITIONER DATED 16.5.2013.` ``` WP(C) No.28762/2013 ``` 8 ``` COPY OF THE REPLY FILED BY THE 3RD EXHIBIT P5(B) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 4TH EXHIBIT P5(C) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 5TH EXHIBIT P5(D) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 6TH EXHIBIT P5(E) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 7TH EXHIBIT P5(F) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 8TH EXHIBIT P5(G) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 9TH EXHIBIT P5(H) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 10TH EXHIBIT P5(I) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 11TH EXHIBIT P5(J) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 12TH EXHIBIT P5(K) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 13TH EXHIBIT P5(L) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 14TH EXHIBIT P5(M) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 15TH EXHIBIT P5(N) PETITIONER DATED 16.5.2013. COPY OF THE REPLY FILED BY THE 16TH EXHIBIT P5(O) PETITIONER DATED 16.5.2013. EXHIBIT P5(P)COPY OF THE REPLY FILED BY THE 17TH PETITIONER DATED 16.5.2013. ``` ``` WP(C) No.28762/2013 ``` 9 ``` EXHIBIT P6 ``` ``` COPY OF THE COUNTER AFFIDAVIT IN WPC NO.12450/2013 DATED 4.6.2013. ``` - `EXHIBIT P7` ``` COPY OF THE REPLY AFFIDAVIT IN WPC NO.12450/2013 DATED 18.6.2013. ``` - `COPY OF THE RELEVANT LAW REGULATING` - `EXHIBIT P8 THE SERVICE CONDITIONS I.E CHAPTER IX, OF THE CBSE BYE LAWS.` - `EXHIBIT P9` ``` COPY OF THE PETITION IA NO.7505/2013 DATED 4.6.2013. ``` - `EXHIBIT P10` - `COPY OF THE COUNTER AFFIDAVIT IN IA NO.7505/2013 DATED 18.6.2013.` ``` EXHIBIT P11 ``` ``` COPY OF THE JUDGMENT IN WPC NO.12450/2013 DATED 23.9.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE IST PETITIONERS EXHIBIT P12EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 2ND PETITIONERS EXHIBIT P12(A)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 3RD PETITIONERS EXHIBIT P12(B)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P12(C)COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 4TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` WP(C) No.28762/2013 ``` 10 ``` EXHIBIT P12(D) ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 5TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 6TH PETITIONERS EXHIBIT P12(E)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 7TH PETITIONERS EXHIBIT P12(F)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 8TH PETITIONERS EXHIBIT P12(G)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 9TH PETITIONERS EXHIBIT P12(H)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 10TH PETITIONERS EXHIBIT P12(I)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P12(J)COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 11TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED ``` ``` WP(C) No.28762/2013 ``` 11 ``` 26.8.2013. ``` ``` EXHIBIT P12(K) ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 12TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P12(L) ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 13TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 14TH PETITIONERS ``` ``` EXHIBIT P12(M) ``` ``` EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P12(N) ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 15TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P12(O) ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 16TH PETITIONERS EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` COPY OF THE COVERING LETTER ENCLOSING THE DETAILS OF THE 17TH PETITIONERS EXHIBIT P12(P)EDUCATIONAL QUALIFICATIONS WITH COPIES OF THE DOCUMENTS DATED 26.8.2013. ``` ``` EXHIBIT P13COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE IST ``` ``` WP(C) No.28762/2013 ``` 12 ``` PETITIONER. ``` ``` EXHIBIT P13(A) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 2ND PETITIONER. ``` ``` EXHIBIT P13(B) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 3RD PETITIONER. ``` ``` EXHIBIT P13(C) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 4TH PETITIONER. ``` ``` EXHIBIT P13(D) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 5TH PETITIONER. ``` ``` EXHIBIT P13(E) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 6TH PETITIONER. ``` ``` EXHIBIT P13(F) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 7TH PETITIONER. ``` ``` EXHIBIT P13(G) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 8TH PETITIONER. ``` ``` EXHIBIT P13(H)COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 9TH PETITIONER. ``` ``` WP(C) No.28762/2013 ``` 13 ``` EXHIBIT P13(I) ``` ``` EXHIBIT P13(J) ``` ``` EXHIBIT P13(K) ``` ``` EXHIBIT P13(L) ``` ``` EXHIBIT P13(M) ``` ``` EXHIBIT P13(N) ``` ``` EXHIBIT P13(O) ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 10TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 11TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 12TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 13TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 14TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 15TH PETITIONER. ``` ``` COPY OF THE PROCEEDINGS OF THE PRINCIPAL OF THE SCHOOL DATED 27.8.2013 ISSUED TO THE 16TH PETITIONER. ```