P. D. Raphael v. CBSE and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ## **`WEDNESDAY, THE 15[TH] DAY OF DECEMBER 2021 / 24TH`** ## **`AGRAHAYANA, 1943`** ## **`WP(C) NO. 24157 OF 2010`** ## **`PETITIONER/S:`** ``` P.D.RAPHAEL, PUDUSSERY HOUSE, CALVARY CORNER, POOTHOLE P.O., THRISSUR DISTRICT, KERALA-680 004. ``` ``` BY ADV P.D.RAPHAEL(Party-In-Person) ``` ## **`RESPONDENT/S:`** - `1 THE SECRETARY, CBSE. CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, VIKAS MARG, NEW DELHI-110 092.` - `2 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, GOVERNMENT EDUCATION DEPARTMENT,, NEW DELHI-110001.` - `3 DEVAMATHA CML PUBLIC SCHOOL, REP. BY THE MANAGER, DEVAMATHA CML PUBLIC SCHOOL, PATTURAICKAL, THIRUVAMBADY.P.O., THRISSUR, KERALA-680022.` - `4 SHRI J K YADAV, ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI, TAMIL NADU-600040.` - `5 STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-95001. (ADDL R3 TO ADDL R5 IMPLEADED AS PER ORDER DATED 11.04.2011 IN I.A 6670/11)` -2- W.P.(C). No. 24157 of 2010 ``` BY ADVS. SRI.NIRMAL S., SC, CBSE SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.P.S.APPU ASSISTANT SOLICITOR GENERAL SRI.V.CHITAMBARESH SR. SRI.JENNIS STEPHEN SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SRI.P.D.BABY JOHN SRI.JIBU P THOMAS SRI.MATHEWS RAJU S.MANU ``` ## **`OTHER PRESENT:`** ``` SRI.S.MANU, ASGI ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(C). No. 24157 of 2010 ## **P.V.KUNHIKRISHNAN, J.** ================================================= W.P.(C) No. 24157 of 2010 ============================================================= Dated this the 15[th] day of December, 2021 ## **JUDGMENT** The above writ petition is filed with following prayers: - (i) Issue a writ of mandamus or any other writ, direction or order commanding the first respondent to consider and dispose of Ext. P16 representation and Ext P17 rejoinder within such time as may be fixed by this Hon'ble court, in the interest of justice; - (ii) Pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant. - (iii) quash the Ext P18 order of the disciplinary authority and the Ext P19 order of the disciplinary committee/appellate authority, - (iv) quash the Ext.P1 charge memo and issue a direction or an order commanding the manager of the school to reinstate the petitioner in service with all consequential benefits - the petitioner would have got if he had not been charge-sheeted; - (v) issue a writ of mandamus or any other writ, -4- W.P.(C). No. 24157 of 2010 direction or order commanding the first respondent to consider and dispose of Ext P26 & Ext P8 complaints and its Ext P27 rejoinder especially in the matter of (1) designation of the petitioner as trained graduate teacher & head of the department of social science (2) anomaly of salary & discrepancy in the salary and other admissible allowances at par with the Kerala government teachers, (3) appointment, confirmation & promotion letters of the petitioner; and (4) in the matter of Fr. Shaju Edamana as the 'principal’ of the school and his academic qualification, within such time as may be fixed by this Hon'ble court, in the interest of justice; (vi) issue directions to the first respondent to act according to the provisions of affiliation bye-laws of CBSE in the matters specified in (1) Ext.P26 & Ext.P8 complaints and its Ext.P27 rejoinder and (2) Ext P16 representation and its Ext.P17 rejoinder. - (vii). direct the second respondent or any other competent authority of CBSE to conduct an enquiry and take appropriate disciplinary action against the first respondent.” -5- W.P.(C). No. 24157 of 2010 2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he is pressing only prayer Nos.6 and 7 of the writ petition. Prayer No.6 is for issuing direction to the 1[st] respondent to act according to the provisions of affiliation bylaw of CBSE in the matters specified in Ext.P26 and P8 complaints and its Ext.P27 rejoinder, and Ext.P16 representation and Ext.P17 rejoinder. 3. I perused Exts.P26, P8, P27, P16 and P17. The issue raised in the representations are about some dispute between the petitioner and the 3[rd] respondent School. The petitioner was a teacher in the 3[rd] respondent School. He was dismissed from the School. The petitioner seeks a direction to the CBSE to consider his representation in which he mainly challenged his dismissal from the School. A similar point was considered by the Apex Cort in **Delhi Public School v. M.K.Gandhi [2015 (17) SCC 353]** . It will be better to extract the judgment in toto. “1. Heard the learned counsel for the parties. -6- W.P.(C). No. 24157 of 2010 2. This appeal is directed against the order passed by the Full Bench of the Allahabad High Court whereby the Allahabad High Court has held that Delhi Public School, Ghaziabad is not "State" within the meaning of Article 12 of the Constitution of India and directed the Central Board of Secondary Education (in short "CBSE") to issue show-cause notice to DPS School as to: why it should not be disaffiliated for terminating the services of Respondents 1 to 3 contrary to bye-laws and secondly, disaffiliate DPS School unless DPS School undertakes to conduct an enquiry in accordance with affiliation bye laws and pass an appropriate order afresh on the basis of enquiry and thirdly in case DPS School undertakes to conduct the enquiry, then the Board may give reasonable time to complete the enquiry, extend the time, if need be, permit DPS School to treat Respondents 1 to 3 under suspension from the date of termination of service till the completion of the inquiry. 3. The brief facts which are necessary for disposal of this appeal are as follows: that all the respondents were teachers in DPS School, Ghaziabad. Their -7- W.P.(C). No. 24157 of 2010 services were terminated. Therefore, they approached the High Court of Allahabad for setting aside the termination order. The learned Single Judge referred the matter to a larger Bench on the question as to whether the writ petition is maintainable against the private school or not, as there was conflict of opinion of that High Court. Subsequently, the matter was referred to the larger Bench and the larger Bench after hearing the parties, held that no writ will lie against the private school as it is not a "State" within the meaning of Article 12 of the Constitution of India. Having held that the writ petition is not maintainable against the private body, still, they directed CBSE to take action as mentioned above. 4. With great respect to the Full Bench of the High Court, we fail to understand the direction given by the Allahabad High Court. In our opinion, the direction given by the Allahabad High Court to CBSE is totally misconceived and uncalled for. When the Allahabad High Court has already held that DPS School is not a "State" within the meaning of Article 12 of the Constitution of India and the writ petition is not maintainable, there was no necessity -8- W.P.(C). No. 24157 of 2010 for giving a direction to CBSE which virtually amounts to granting a declaration in favour of those teachers whose services have been terminated. We fail to appreciate the view taken by the Allahabad High Court by unnecessarily complicating the issue by involving CBSE in a private dispute between the teachers and DPS. The Allahabad High Court should have stopped short of holding that the said DPS is a private body and the writ is not maintainable. _(Underline supplied)_ 5. Hence, we are of the view that no writ is maintainable against a private school as it is not a "State" within the meaning of Article 12 of the Constitution of India and no direction could have been given by the High Court to CBSE for interfering with the termination of the teachers. The proper remedy for the teachers was to file a civil suit for damages, if there was any. 6. Subsequently, we allow this appeal and set aside the order passed by the Allahabad High Court to the extent of giving a direction to the Board. There will be no order as to costs.” -9- W.P.(C). No. 24157 of 2010 4. In the light of the above judgment of the Apex Court, according to me, no direction can be issued to the CBSE in the facts and circumstances of this case. Moreover, in **Sommy Kunjappan and Another v. Central Board of Secondary Education and others [2019 (2) KHC 1],** the Division Bench of this Court also observed that the aggrieved teachers are not without any remedy inasmuch as the jurisdiction of Civil Court in relation to disciplinary proceedings is very much available. If the petitioner has got any grievance, the petitioner is free to approach the Civil Court. The petitioner was a teacher in the 3[rd] respondent School. He was dismissed from the School with certain allegations. If the petitioner is aggrieved by the same, the petitioner is free to approach the Civil Court for redressing his grievance. According to me, writ jurisdiction under Article 226 of the Constitution of India can’t be invoked in the facts and circumstances of this case. Therefore, no relief can be grated in -10- W.P.(C). No. 24157 of 2010 this writ petition. Therefore, giving liberty to the petitioner to avail his alternative remedy, if any, this writ petition is dismissed. sd/- **P.V.KUNHIKRISHNAN JUDGE** das -11- W.P.(C). No. 24157 of 2010 ## **`APPENDIX OF WP(C) 24157/2010`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1(1) TRUE COPY OF MEMO OF CHARGES DATED 28/04/2007. (2) TRUE COPY OF AGREEMENTS DATED 08/01/2001 SIGNED BETWEEN THE GOVERNMENT AND THE SCHOOL. ``` - `Exhibit P2 (1) TRUE COPY OF ORDER OF MANAGER CONSTITUTING DISCIPLINARY COMMITTEE DATED 15/07/2009. (2) TRUE COPY OF CONTRACT OF SERVICE DATED 17/06/2002 SIGNED BETWEEN THE SCHOOL AND THE PETITIONER.` - `Exhibit P3 (1) TRUE COPY OF REJOINDER DATED 20/08/2009 OF THE APPEAL AGAINST THE DISMISSAL ORDER OF THE DISCIPLINARY AUTHORITY. (2) STATEMENT SHOWING DETAILS OF OPENING DATES OF SAVINGS BANK ACCOUNT OF THE STAFF OF THE SCHOOL.` - `Exhibit P4 (1), TRUE COPY OF ATTENDANCE SHEET OF THE MEETING OF DISCIPLINARY COMMITTEE DATED 20/08/2009. (2) TRUE COPY OF NOTICE DATED 22/10/2005 FOR STD. X OF THE SCHOOL SIGNED BY THE PRINCIPAL AND THE PETITIONER AS THE HEAD OF THE DEPARTMENT OF THE SCHOOL.` - `Exhibit P5 (1) TRUE COPY OF FIRST PAGE OF THE PROCEEDINGS OF THE DISCIPLINARY AUTHORITY DATED 29/03/2008. (2) TRUE COPY OF GRATITUDE LETTER DATED 05/06/2006 ISSUED TO THE PETITIONER BY A PARENT OF THE STUDENT OF STD.X OF THE SCHOOL.` ``` Exhibit P6(1)TRUE COPY OF MANAGEMENT WITNESS LIST DATED 28/07/2007. (2) TRUE COPY OF THE LESSON PLANS DATED 20/06/2005 FOR STD. X, IX, VIII & VI AND DATED 05/10/2006 FOR STD. X, IX, VII & VI OF THE PETITIONER SIGNED BY THE SCHOOL. ``` -12- W.P.(C). No. 24157 of 2010 - `Exhibit P7 (1) TRUE COPY OF SCHOOL MANAGING COMMITTEE MEMBERS LIST. (2) STATEMENT OF MISAPPROPRIATED SALARY OF THE PETITIONER BY THE SCHOOL AS PER DIFFERENT RECORDS AND MEAGRE SALARY RECEIVED.` - `Exhibit P8 (1) TRUE COPY OF COMPLAINT DATED 19/09/2007 FILED TO CBSE CHENNAI. (2) STATEMENT OF MISAPPROPRIATED SALARY OF THE PETITIONER BY THE SCHOOL AS PER SCHOOL RECORDS AND GOVERNMENT RULES.` - `Exhibit P9 (1) TRUE COPY OF COMPLAINT DATED 03/11/2007 FILED TO CBSE, DELHI. (2) STATEMENT OF MISAPPROPRIATED ENTITLED PROVIDENT FUND OF THE PETITIONER BY THE SCHOOL.` - `Exhibit P10 (1) TRUE COPY OF VAKALATNAMA DATED 20/03/2002 ACCEPTED BY THE ENQUIRY OFFICER. (2) TRUE COPY OF REQUEST ATED 12/04/2004 FILED IN EPFO BY THE SCHOOL FOR WAIVING EMPLOYEES SHARE.` - `Exhibit P11 (1) TRUE COPY OF MEMBERS OF GOVERNING BODY OF THE SCHOOL DATED 29/10/2001. (2). TRUE COPY OF LETTER DATED 10/06/2004 OF EPFO ISSUED TO THE SCHOOL WAIVING THE EMPLOYEES SHARE AS PER THE EXT.P10 REQUEST.` - `Exhibit P12 (1) TRUE COPY OF RTI REPLY DATED 08/04/2010 OF SUB COURT, THRISSUR. (2) TRUE COPY OF SB ACCOUNT STATEMENT OF THE PETITIONER DURING THE PERIOD FROM 02/07/2003 TO 03/05/2005.` - `Exhibit P13 (1) TRUE COPY OF REQUEST AND COMPLAINT DATED 21/12/2007 FILED TO BAR COUNCIL AGAINST ENQUIRY OFFICER. (2) TRUE COPY OF COMPLAINT DATED 31/05/2008 FILED IN EPFO BY THE PETITIONER AGAINST THE SCHOOL.` -13- W.P.(C). No. 24157 of 2010 - `Exhibit P14 (1) TRUE COPY OF SHOW CAUSE NOTICE DATED 17/11/2006. (2) TRUE COPY OF REPLY DATED 01/07/2008 OF EPFO ISSUED TO THE PETITIONER AGAINST THE EXT. P13 COMPLAINT.` - `Exhibit P15 (1) TRUE COPY OF LETTER DATED 05/05/2009 RECEIVED FROM CBSE, DELHI. (2) TRUE COPY OF FORM 3A OF EPFO FOR THE PERIOD FROM APRIL 2003 TO MARCH 2004 FILED BY THE SCHOOL FOR THE PETITIONER.` - `Exhibit P16 (1). TRUE COPY OF REPRESENTATION DATED 12/10/2009. (2) TRUE COPY OF SALARY STATEMENT OF THE PETITIONER DURING THE PERIOD FROM JUNE 2003 TO SEPTEMBER 2007 GIVEN BY THE SCHOOL.` - `Exhibit P18 (1) TRUE COPY OF THE ORDER DATED 08/04/2008 OF THE DISCIPLINARY AUTHORITY. (2) STATEMENT OF DETAILS OF CHEQUE ISSUE REGISTER OF THE BANK WITH RESPECT TO STAFF OF THE SCHOOL.` - `Exhibit P19 (1). TRUE COPY OF THE ORDER DATED 25/08/2009 OF THE DISCIPLINARY COMMITTEE/APPELLATE AUTHORITY. (2) STATEMENT SHOWING DETAILS OF DEPOSIT OF MINIMUM BALANCE AMOUNT BY THE SCHOOL IN THE SB ACCOUNT OF ITS STAFF.` - `Exhibit P20 (1) TRUE COPY OF NOMINATION ORDER DATED 18/06/2009 FOR SRI. J.K. YADAV ASSISTANT SECRETARY, CBSE, CHENNAI IN THE DISCIPLINARY COMMITTEE/APPELLATE AUTHORITY. (2) STATEMENT OF NAME OF STAFF WHOSE ADDRESS ARE THE ADDRESS OF THE SCHOOL IN THEIR SB ACCOUNT WITH THE BANK.` - `Exhibit P21 (1) TRUE COPY OF THE NEW SCHOOL MANAGING COMMITTEE MEMBERS LIST. (2) STATEMENT OF DETAILS OF CLOSED SB ACCOUNT OF STAFF OF THE SCHOOL AND E- TRANSFER OF THE CLOSING BALANCE AMOUNT TO THE SCHOOL BY THE BANK.` -14- W.P.(C). No. 24157 of 2010 |`Exhibit P22`|`(1) TRUE COPY OF THE DECISION OF THE`| |---|---| ||`HON'BLE CIC DATED 29/01/2009. (2)`| ||`TRUECOPY OF CHEQUES DATED 27/06/2006,`| ||`19/10/2005 AND 11/10/2006 OF TEACHERS`| ||`OF THE SCHOOL FORGED BY THE BANK.`| |`Exhibit P23`|`(1) TRUE COPY OF THE LETTER DATED`| ||`30/11/2007 OF SMT. K. KALAVALLY SENT`| ||`TO THE ENQUIRY OFFICER. (2) STATEMENT`| ||`OF DETAILS OF CASHIERS CASH SCROLL OF`| ||`THE BANK WITH RESPECT TO THE STAFF OF`| ||`THE SCHOOL.`| |`Exhibit P24`|`(1) TRUE COPY OF THE LETTER DATED`| ||`25/09/2007 OF THE PETITIONER SENT TO`| ||`THE ENQUIRY OFFICER. (2) STATEMENT`| ||`DETAILS OF DATE AND TIME OF`| ||`TRANSACTION OF THE CHEQUES DATED`| ||`01/10/2004 AND 01/07/2006 OF THE STAFF`| ||`OF THE SCHOOL.`| |`Exhibit P25`|`(1) TRUE COPY OF NOMINATION ORDER`| ||`DATED 21/08/2008 FOR SRI. DARSHAN LAL,`| ||`FORMER DEPUTY SECRETARY, CBSE IN THE`| ||`DISCIPLINARY COMMITTEE/APPELLATE`| ||`AUTHORITY. (2) TRUE COPY OF CHEQUES OF`| ||`THE PETITIONER DATED 01/07/2006 AND`| ||`OTHER STAFF OF THE SCHOOL DATED`| ||`31/03/2006 AND 21/07/2004 IN WHICH NO`| ||`DATES WERE WRITTEN AT REVERSE OF THE`| ||`CHEQUES WHERE CHEQUE DATES AND`| ||`PRESENTING DATES WERE DIFFERENT.`| |`Exhibit P26`|`(1) TRUE COPY OF THE COMPLAINT DATED`| ||`05/07/2007 FILED TO CBSE, CHENNAI. (2)`| ||`TRUE COPY OF LAWYER NOTICE DATED`| ||`18/10/2006 ISSUED TO THE SCHOOL BY THE`| ||`PETITIONER.`| |`Exhibit P27`|`(1) TRUE COPY OF THE REJOINDER DATED`| ||`03/03/2009 FOR EXT.P26 FILED BEFORE`| ||`THE FIRST RESPONDENT. (2) TRUE COPY OF`| ||`REPLY NOTICE DATED 01/11/2006 OF THE`| ||`SCHOOL AGAINST THE EXT.P26 LAWYER`| ||`NOTICE.`| -15- W.P.(C). No. 24157 of 2010 - `Exhibit P17 (1). TRUE COPY OF REJOINDER DATED 03.03.2010 OF THE REPRESENTATION (2) TRUE COPY OF PROFESSION TAX STATEMENT DURING THE PERIOD FROM APRIL 2004 TO MARCH 2007 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER.` - `Exhibit P28 (1) TRUE COPY OF LAWYER NOTICE DATED 21/11/2006 ISSUED TO THE BANK BY THE PETITIONER. (2) TRUE COPY OF AGREEMENT DATED 08/01/2001 SINGED BETWEEN THE GOVERNMENT AND THE SCHOOL.` - `Exhibit P29 (1) TRUE COPY OF REQUEST DATED 17/11/2006 ISSUED TO THE SCHOOL BY THE PETITIONER REQUESTING TO ALLOW THE PETITIONER TO SIGN IN THE ACQUITTANCE REGISTER. (2) TRUE COPY OF CONTRACT OF SERVICE DATED 17/06/2002 SIGNED BETWEEN THE SCHOOL AND THE PETITIONER.` - `Exhibit P31 (1) TRUE COPY OF REPLY DATED 21/11/2006 OF THE PETITIONER AGAINST THE EXT.P30 MEMO OF CHARGE. (2) TRUE COPY OF THE NOTICE DATED 22/10/2005 FOR STD. X OF THE SCHOOL SIGNED BY THE PRINCIPAL AND THE PETITIONER AS THE HEAD OF THE DEPARTMENT OF THE SCHOOL.` - `Exhibit P32 (1). TRUE COPY OF LAWYER NOTICE DATED 14/04/2007 ISSUED TO THE SECOND BY THE PETITIONER. (2) TRUE COPY OF GRATITUDE LETTER DATED 05/06/2006 ISSUED TO THE PETITIONER BY A PARENT OF THE STUDENT OF STD. X OF THE SCHOOL.` - `Exhibit P33 (1) TRUE COPY OF SALARY COVERS GIVEN TO THE PETITIONER BY THE SCHOOL MARKED AS Q1, Q7, Q12 BY RFSL. (2) TRUE COPY OF THE LESSON PLAN DATED 20/06/2005 FOR STD. X, IX, VII AND VI OF THE PETITIONER SIGNED BY THE SCHOOL.` -16- W.P.(C). No. 24157 of 2010 |`Exhibit P34`|`(1) TRUE COY OF FORGED CHEQUES OF THE`| |---|---| ||`PETITIONER BY THE SCHOOL MARKED AS`| ||`Q13, Q14, Q15, Q16, Q17 AND Q18 BY`| ||`RFSL. (2) TRUE COPY OF THE STATEMENT`| ||`DATED 17/05/2017 FILED BEFORE HON'BLE`| ||`JFCM COURT NO. III, THRISSUR BY THE`| ||`PETITIONER SHOWING MISAPPROPRIATED`| ||`SALARY OF THE PETITIONER BY THE SCHOOL`| ||`AS PER DIFFERENT RECORDS AND MEAGRE`| ||`SALARY RECEIVED.`| |`Exhibit P35`|`(1) TRUE COPY OF REPORT OF RFSL DATED`| ||`16/06/2017 STATING HANDWRITINGS ON`| ||`EXT.P33 SALARY COVERS AND EXT.P34`| ||`CHEQUES ARE OF SAME PERSON. (2) TRUE`| ||`COPY OF STATEMENT DATED 17/05/2017`| ||`FILED BEFORE HON'BLE JFCM COURT NO.`| ||`III, THRISSUR BY THE PETITIONER`| ||`SHOWING MISAPPROPRIATED SALARY OF THE`| ||`PETITIONER BY THE SCHOOL AS PER SCHOOL`| ||`RECORDS AND GOVERNMENT RULES.`| |`Exhibit P36`|`(1) TRUE COPY CHARGE SHEET DATED`| ||`21/07/2007 ISSUE TO THE PETITIONER BY`| ||`THE SCHOOL. (2) TRUE COPY OF STATEMENT`| ||`DATED 17/05/2017 FILED BEFORE HON'BLE`| ||`JFCM COURT NO. III, THRISSUR BY THE`| ||`PETITIONER SHOWING MISAPPROPRIATED`| ||`ENTITLED PROVIDENT FUND OF THE`| ||`PETITIONER BY THE SCHOOL.`| |`Exhibit P37`|`(1) TRUE COPY OF THE FIRST PAGE OF THE`| ||`CROSS EXAMINATION DATED 18/08/2007 OF`| ||`FR. SHAJU EDAMANA BY THE PETITIONER.`| ||`(2) TRUE COPY OF REQUEST DATED`| ||`12/04/2004 FILED IN EPFO BY THE SCHOOL`| ||`FOR WAIVING EMPLOYEES' SHARE.`| |`Exhibit P45`|`(1) TRUE COPY OF APPRECIATION LETTER`| ||`DATED 12/04/2007 ISSUED TO THE`| ||`PETITIONER BY THE SCHOOL MANAGING`| ||`COMMITTEE MEMBER AND FORMER PTWA`| ||`PRESIDENT OF THE SCHOOL. (2) TRUE COPY`| ||`OF STATEMENT DATED 26/09/2014 FILED`| ||`BEFORE HON'BLE CJM COURT, THRISSUR BY`| ||`THE PETITIONER SHOWING DETAILS OF`| ||`CHEQUE ISSUE REGISTER OF THE BANK WITH`| ||`RESPECT TO STAFF OF THE SCHOOL.`| -17- W.P.(C). No. 24157 of 2010 |`Exhibit P51`|`(1) TRUE COPY OF RTI REPLY DATED`| |---|---| ||`13/03/2012 OF HON'BLE MUNSIFF'S COURT,`| ||`THRISSUR ISSUED TO THE PETITIONER. (2)`| ||`TRUE COPY OF PAGE NOS. 1, 2, 26 TO 29,`| ||`109 TO 115 AND 149 OF THE STATEMENT`| ||`DATED 24/02/2014 FILE BEFORE HON'BLE`| ||`CJM COURT, THRISSUR BY THE PETITIONER`| ||`SHOWING DETAILS OF DATE AND TIME OF`| ||`TRANSACTION OF THE CHEQUES DATED`| ||`01/10/2004 AND 01/07/2006 OF THE STAFF`| ||`OF THE SCHOOL, ETC.`| |`Exhibit P52`|`(1) TRUE COPY OF RTI REPLY DATED`| ||`15/03/2012 OF HON'BLE SUB COURT,`| ||`THRISSUR ISSUED TO THE PETITIONER. (2)`| ||`TRUE COPY OF CHEQUE DATED 01/07/2006`| ||`OF THE PETITIONER, IN WHICH NO DATE IS`| ||`WRITTEN AT REVERSE OF THE CHEQUE WHERE`| ||`CHEQUE DATE AND PRESENTING DATE ARE`| ||`DIFFERENT.`| |`Exhibit P61`|`(1) TRUE COPY OF CIRCULAR DATED`| ||`15/02/2013 OF CBSE. (2) TRUE COPY OF`| ||`REPORT DATED 10/06/2017 OF RFSL`| ||`STATING HANDWRITINGS ON EXT.P59 TO`| ||`EXT.P59(B) SALARY COVERS AND EXT.P60`| ||`TO EXT, P60(E) CHEQUES ARE OF SAME`| ||`PERSON.`| |`Exhibit P28(A)`|`TRUE COPY OF AGREEMENT DATED NIL`| ||`SINGED BY THE SCHOOL WHICH IS`| ||`COUNTERSIGNED BY DEO, THRISSUR.`| |`Exhibit P30`|`TRUE COPY OF STATEMENT DATED`| ||`24/02/2014 FILED BEFORE HON'BLE CJM`| ||`COURT, THRISSUR BY THE PETITIONER`| ||`SHOWING DETAILS OF OPENING AND CLOSING`| ||`DATES OF SAVINGS BANK ACCOUNT OF STAFF`| ||`OF THE SCHOOL.`| |`Exhibit P33(A)`|`TRUE COPY OF THE LESSON PLAN DATED`| ||`05/10/2006 FOR STD. X, IX, VII AND VI`| ||`OF THE PETITIONER SINGED BY THE`| ||`SCHOOL.`| -18- W.P.(C). No. 24157 of 2010 - `Exhibit P38 TRUE COPY OF LETTER DATED 10/06/2004 OF EPFO ISSUED TO THE SCHOOL WAIVING THE EMPLOYEES' SHAREAS PER THE EXT.P10 REQUEST.` - `Exhibit P39 TRUE COPY OF SB ACCOUNT STATEMENT OF THE PETITIONER DURING THE PERIOD FROM 02/07/2003 TO 03/05/2005.` - `Exhibit P40 TRUE COPY OF COMPLAINT DATED 31/05/2008 FILED IN EPFO BY THE PETITIONER AGAINST THE SCHOOL.` - `Exhibit P41 TRUE COPY OF REPLY DATED 01/07/2008 OF EPFO ISSUED TO THE PETITIONER AGAINST THE EXT.P40 COMPLAINT.` - `Exhibit P42 TRUE COPY OF FORM 3A TO EPFO FOR THE PERIOD FROM APRIL 2003 TO MARCH 2004 FILED BY THE SCHOOL FOR THE PETITIONER.` - `Exhibit P43 TRUE COPY OF SALARY STATEMENT OF THE PETITIONER DURING THE PERIOD FROM JUNE 2003 TO SEPTEMBER 2007 GIVEN BY THE SCHOOL.` - `Exhibit P44 TRUE COPY OF PROFESSION TAX STATEMENT DATED 03/02/2005 FOR THE FIRST HALF OF 2004-05 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` - `Exhibit P44(A) TRUE COPY OF PROFESSION TAX STATEMENT DATED 03/02/2005 FOR THE SECOND HALF OF 2004-05 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` - `Exhibit P44(B) TRUE COPY OF PROFESSION TAX STATEMENT DATED 03/10/2005 FOR THE FIRST HALF OF 2005-06 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` -19- W.P.(C). No. 24157 of 2010 - `Exhibit P44(C) TRUE COPY OF PROFESSION TAX STATEMENT DATED 06/02/2006 FOR THE SECOND HALF OF 2005-06 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` - `Exhibit P44(D) TRUE COPY OF PROFESSION TAX STATEMENT DATED26/05/2006 FOR THE FIRST HALF OF 2006-07 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` - `Exhibit P44(E) TRUE COPY OF PROFESSION TAX STATEMENT DATED 08/02/2007 FOR THE SECOND HALF OF 2006-07 OF THE SCHOOL FILED IN THRISSUR CORPORATION WITH RESPECT TO THE PETITIONER ETC.` - `Exhibit P46 TRUE COPY OF STATEMENT DATED 24/02/2014 FILED BEFORE HON'BLE CJM COURT, THRISSUR BY THE PETITIONER SHOWING DETAILS OF DEPOSIT OF MINIMUM BALANCE AMOUNT BY THE SCHOOL IN THE SB ACCOUNT OF ITS STAFF.` - `Exhibit P47 TRUE COPY OF STATEMENT DATED 24/02/2014 FILED BEFORE HON'BLE CJM COURT, THRISSUR BY THE PETITIONER SHOWING NAME OF STAFF WHOSE ADDRESS ARE THE ADDRESS OF THE SCHOOL IN THEIR SB ACCOUNT WITH THE BANK.` - `Exhibit P48 TRUE COPY OF STATEMENT DATED 24/01/2014 FILED BEFORE HON'BLE CJM COURT, THRISSUR BY THE PETITIONER SHOWING DETAILS OF CLOSED SB A/C OF STAFF OF THE SCHOOL AND E-TRANSFER OF THE CLOSING BALANCE AMOUNT TO THE SCHOOL BY THE BANK.` - `Exhibit P49 TRUE COPY OF CHEQUE DATED 27/06/2006 OF MRS. KALAVALLY FORMER TEACHER OF THE SCHOOL FORGED BY THE BANK.` - `Exhibit P49(A) TRUE COPY OF CHEQUE DATED 19/10/2006 OF MRS. JAYALAKSHMI FORMER TEACHER OF THE SCHOOL FORGED BY THE BANK.` -20- W.P.(C). No. 24157 of 2010 - `Exhibit P49(B) TRUE COPY OF CHEQUES DATED 11/10/2006 OF MRS. SWAPNA FORMER TEACHER TO THE SCHOOL FORGED BY THE BANK.` - `Exhibit P50 TRUE COPY OF STATEMENT DATED 23/05/2014 FILE BEFORE HON'BLE CJM COURT, THRISSUR BY THE PETITIONER SHOWING DETAILS OF CASHIERS' CASH SCROLL OF THE BANK WITH RESPECT TO THE STAFF OF THE SCHOOL.` - `Exhibit P52(A) TRUE COPY OF CHEQUE DATED 31/03/2006 OF OF MRS. KALAVALLY, FORMER TEACHER OF THE SCHOOL, IN WHICH NO DATE IS WRITTEN AT REVERSE OF THE CHEQUE WHERE CHEQUE DATE AND PRESENTING DATE ARE DIFFERENT.` - `Exhibit P52(B) TRUE COPY OF CHEQUE DATED 21/07/2004 OF OF MR. SHAIJO, FORMER PEON OF THE SCHOOL, IN WHICH NO DATE IS WRITTEN AT REVERSE OF THE CHEQUE WHERE CHEQUE DATE AND PRESENTING DATE ARE DIFFERENT.` - `Exhibit P53 TRUE COPY OF LAWYER NOTICE DATED 18/10/2006 ISSUED TO THE SCHOOL BY THE PETITIONER.` - `Exhibit P54 TRUE COPY OF REPLY NOTICE DATED 01/11/2006 OF THE SCHOOL AGAINST THE EXT.P26 LAWYER NOTICE.` - `Exhibit P55 TRUE COPY OF LAWYER NOTICE DATED 21/11/2006 ISSUED TO THE BANK BY THE PETITIONER.` - `Exhibit P56 TRUE COPY OF REQUEST DATED 17/11/2006 ISSUED TO THE SCHOOL BY THE PETITIONER REQUESTING TO ALLOW THE PETITIONER TO SIGN IN THE ACQUITTANCE REGISTER.` - `Exhibit P57 TRUE COPY OF REPLY DATED 21/11/2006 OF THE PETITIONER AGAINST THE EXT.P30 MEMO OF CHARGE.` - `Exhibit P58 TRUE COPY OF LAWYER NOTICE DATED 14/04/2007 ISSUED TO THE SCHOOL BY THE PETITIONER.` -21- W.P.(C). No. 24157 of 2010 ``` Exhibit P59 ``` - `TRUE COPY OF SALARY COVER GIVEN TO THE PETITIONER BY THE SCHOOL MARKED AS Q1 BY RFSL.` - `Exhibit P59(A) TRUE COPY OF SALARY COVER GIVEN TO THE PETITIONER BY THE SCHOOL MARKED AS Q7 BY RFSL.` - `Exhibit P59(B) TRUE COPY OF SALARY COVER GIVEN TO THE PETITIONER BY THE SCHOOL MARKED AS Q12 BY RFSL.` - `Exhibit P60 TRUE COPY OF CHEQUE DATED 01/12/2003 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q13 BY RFSL.` - `Exhibit P60(A) TRUE COPY OF CHEQUE DATED 19/12/2003 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q14 BY RFSL.` - `Exhibit P60(B) TRUE COPY OF CHEQUE DATED 04/02/2004 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q15 BY RFSL.` - `Exhibit P60(C) TRUE COPY OF CHEQUE DATED 01/03/2004 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q16 BY RFSL.` - `Exhibit P60(D) TRUE COPY OF CHEQUE DATED 02/04/2004 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q17 BY RFSL.` - `Exhibit P60(E) TRUE COPY OF CHEQUE DATED 21/07/2004 OF THE PETITIONER FORGED BY THE SCHOOL MARKED AS Q18 BY RFSL.` - `Exhibit P62 TRUE COPY OF CHARGE SHEET DATED 21/07/2007 ISSUED TO THE PETITIONER BY THE SCHOOL.` - `Exhibit P63 TRUE COPY OF FIRST PAGE OF THE DEPOSITION OF FR. SHAJU EDAMANA IN CROSS EXAMINATION DATED 18/08/2007 IN THE ENQUIRY.` - `Exhibit P64 TRUE COPY OF APPRECIATION LETTER DATED 12/04/2007 ISSUED TO THE PETITIONER BY THE SCHOOL MANAGING COMMITTEE MEMBER AND FORMER PTWA PRESIDENT OF THE SCHOOL.` -22- W.P.(C). No. 24157 of 2010 - `Exhibit P65 TRUE COPY OF RTI REPLY DATED 13/03/2012 OF HON'BLE MUNSIFF COURT, THRISSUR ISSUED TO THE PETITIONER.` - `Exhibit P66 TRUE COPY OF RTI REPLY DATED 15/03/2012 OF HON'BLE SUB COURT, THRISSUR ISSUED TO THE PETITIONER.` - `Exhibit P67 TRUE COPY OF CIRCULAR DATED 01/05/2013 OF CBSE.` - `Exhibit P68 TRUE COPY OF PROCEEDINGS DATED 27/12/2017 AND 02/06/2018 OF HON'BLE JFCM COURT NO. III, THRISSUR IN CC NO.4141/2017.` - `Exhibit P69 TRUE COPY OF APPOINTMENT ORDER DATED 07/04/2006 OF FR. SHAJU EDAMANA AS THE PRINCIPAL OF THE SCHOOL.` - `Exhibit P70 TRUE COPY OF B.ED CERTIFICATE DATED 24/04/2013 OF FR. SHAJU EDAMANA.` - `Exhibit P71 TRUE COPY OF APPOINTMENT ORDER DATED 02/06/2006 OF P.A. JOSE AS THE PRINCIPAL OF THE SCHOOL.` - `Exhibit P72 TRUE COPY OF STAFF ATTENDANCE REGISTER OF THE SCHOOL FOR SEPTEMBER 2006 COUNTERSIGNED BY PA JOSE WHEREIN FR. SHAJU EDAMANA AND THE PETITIONER ARE STAFF.` - `Exhibit P72(A) TRUE COPY OF STAFF ATTENDANCE REGISTER OF THE SCHOOL FOR SEPTEMBER 2006 COUNTERSIGNED BY P A JOSE WHEREIN P.A. JOSE IS A STAFF.` ``` Exhibit P73TRUE COPY OF PROFESSION TAX REGISTER 2006-07 OF THRISSUR CORPORATION WITH RESPECT TO THE SCHOOL CONTAIN SL. NOS. 1 TO 10 AND 51 TO 54 SHOWS FR. SHAJU EDAMANA IS THE PRINCIPAL AND PROF.JOSE IS A STAFF. ``` - `Exhibit P74 TRUE COPY OF CERTIFICATE DATED 27/02/2007 TO GET TAX REDUCTION ISSUED BY FR. SHAJU EDAMANA.` -23- ## W.P.(C). No. 24157 of 2010 - `Exhibit P75` ``` TRUE COPY OF NOTICE DATED 08/06/2006 SIGNED BY JOSE P.A. AS SENIOR SECONDARY CO-ORDINATOR AND FR. SHAJU EDAMANA AS THE PRINCIPAL. ``` - `Exhibit P76 TRUE COPY OF +2 ADMISSION PROCESS DATED 22/05/2006 SIGNED BY FR. SHAJU EDAMANA AS THE PRINCIPAL.` - `Exhibit P77 TRUE COPY OF APPOINTMENT ORDER DATED 01/06/2005 OF PAUL ROSE AS THE PRINCIPAL OF THE SCHOOL.` - `Exhibit P78 TRUE COPY OF GO(MS) 18/88/G.EDN. DATED 12/01/1988.` - `Exhibit P79 TRUE COPY OF APPLICATION DATED 29/10/2001 FOR OBTAINING NOC FILED BY THE SCHOOL.` - `Exhibit P80 TRUE COPY OF NOC DATED 20/05/2002 ISSUED TO THE SCHOOL.` - `Exhibit P81 TRUE COPY OF CIRCULAR NO. CBSE/VIG/F.13522/2012 DATED 15/03/2012.`