Sajana S S v Suhra Beevi KC & others (WA Nos.855, 849 & 980 of 2023)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WA NO. 855 OF 2023** **AGAINST THE ORDER IN RP 432/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/REVIEW PETITIONER/7TH RESPONDENT:** SAJANA S S, AGED 46 YEARS, WIFE OF V N BABURAJ, (HEADMASTER APPOINTEE), LOWER PRIMARY SCHOOL TEACHER, KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRIC, PIN - 673019 BY ADVS.V.A.MUHAMMED SMT.P.A.JENZIA ## **RESPONDENTSRESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 6 IN** **THE WP(C):** 1 SMT. SUHRA BEEVI K.C. AGED 55 YEARSD/O. MUHAMMED K C, HEADMISTRESS, KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRICT, PIN - 673019 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, OFFICE TO DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE MANANCHIRA, KOZHIKODE, PIN - 673001 WA Nos.855, 849 & 980 of 2023 2 5 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PAVAMANI ROAD, TAZHEKKOD, KOZHIKODE, PIN - 673004 6 THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE RURAL, OFFICE OF THE ASSISTANT EDUCATION OFFICER, PUTHIYARA, KOZHIKODE, PIN - 673004 7 THE MANAGER KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRICT, PIN - 673019 BY ADVS. LINDONS C.DAVIS P.M.PAREETH AISWARYA VENUGOPAL(K/755/2020) NAJEEB P.S(K/328/2020) BY SR.GOVERNMENT PLEADER SMT.VINITHA B THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WA.849/2023, 980/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.855, 849 & 980 of 2023 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945** **WA NO. 849 OF 2023** **AGAINST THE JUDGMENT IN WP(C) 3618/2023 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/7TH RESPONDENT:** SAJANA S S, AGED 46 YEARS WIFE OF V N BABURAJ, (HEADMASTER APPOINTEE) LOWER PRIMARY SCHOOL TEACHER, KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRICT, PIN - 673019 BY ADVS.V.A.MUHAMMED SMT.P.A.JENZIA ## **RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 6 IN THE WP(C):** 1 SMT. SUHRA BEEVI K C AGED 55 YEARS, D/O. MUHAMMED K C, HEADMISTRESS, KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRICT, PIN - 673019 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, OFFICE TO DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE MANANCHIRA, KOZHIKODE, PIN - 673001 5 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, WA Nos.855, 849 & 980 of 2023 4 PAVAMANI ROAD, TAZHEKKOD, KOZHIKODE, PIN - 673004 6 THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE RURAL, OFFICE OF THE ASSISTANT EDUCATION OFFICER, PUTHIYARA, KOZHIKODE, PIN - 673004 7 THE MANAGER KAILAMADAM A M L P SCHOOL, PANTHEERAMKAVU, KOZHIKODE DISTRICT, PIN - 673019 BY ADVS.LINDONS C.DAVIS, P.M.PAREETH AISWARYA VENUGOPAL(K/755/2020) NAJEEB P.S(K/328/2020) BY SR.GOVERNMENT PLEADER SMT.VINITHA B THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WA.855/2023 AND 980/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.855, 849 & 980 of 2023 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945** **WA NO. 980 OF 2023** **AGAINST THE JUDGMENT IN WP(C) 3618/2023 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/6TH RESPONDENT:** MANAGER, KAILAMADOM A.M.L.P.SCHOOL PANTHEERAMKAVU, KOZHIKODE DISTRICT., PIN - 673019 BY ADVS. P.M.PAREETH AISWARYA VENUGOPAL NAJEEB P.S ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5 AND 7:** 1 SUHRA BEEVI K.C.AGED 55 YEARS D/O. MUHAMMED K.C. HEADMISTRESS, KAILAMADAM AMLP SCHOOL PANTHEERANKAVU, KOZHIKODE, PIN - 673019 2 STATE OF KERALAREPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANATHAPURAM, PIN - 695001 3 DIRECTOR OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY, THIRUVANATHAPURAM, PIN - 695014 4 DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, MANANCHIRA, WA Nos.855, 849 & 980 of 2023 6 KOZHIKODE, PIN - 673001 5 DISTRICT EDUCATIONAL OFFICER, KOZHIKODE OFFICE OF DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, PAVAMANI ROAD, THAZHEKODE, KOZHIKODE, PIN - 673004 6 ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE RURAL OFFICE OF ASSISTANT EDUCATIONAL OFFICER, PUTHIYARA, KOZHIKODE, PIN - 673004 7 SAJANA S.S.AGED 46 YEARS, LOWER PRIMARY SCHOOL TEACHER, KAILAMADAM AMLP SCHOOL PANTHEERANKAVU, KOZHIKODE, PIN - 673019 BY ADV LINDONS C.DAVIS BY SR.GOVERNMENT PLEADER SMT.VINITHA B THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WA.855/2023 AND 849/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.855, 849 & 980 of 2023 7 ## **DR.A.K. JAYASANKARAN NAMBIAR** **`&` MOHAMMED NIAS C.P., JJ** **................................................................................ WA Nos.980, 849 & 855 of 2023** **................................................... Dated this the 22[nd] day of August, 2023** ## **JUDGMENT** ## Mohammed Nias.C.P.J All these writ appeals arise from the judgment in WP(C) No. 3618 of 2023 dated 9.3.2023, while WA No.855 of 2023 arises against the order dated 5.4.2023 in RP No.432 of 2023 in WP(C)No.3618 of 2023. The above writ petition was filed by the first respondent herein for a direction to the 6[th] respondent Manager to upload her appointment in the online portal for approval as the Headmistress of the school and also to direct the 5[th] respondent to approve the said appointment made through an order dated 1.6.2022. 2. Short facts leading to the above writ appeals are as follows:- The petitioner states that she was working in the school from 4.9.1989 as a Lower Primary School Teacher. She claims to be the senior most teacher and was promoted as Headmistress with effect from 1.6.2022 by the Manager as per Ext.P2 appointment order. Later, without cancelling the WA Nos.855, 849 & 980 of 2023 8 same, the Manager uploaded the appointment of the 7[th] respondent teacher as Headmistress. The petitioner contends that the 7[th] respondent is much junior to her, and therefore, the said appointment is illegal. The petitioner approached the 5[th] respondent Assistant Educational Officer in an appeal against the latter appointment of the 7[th] respondent. After hearing all the affected parties in the appeal, the 5[th] respondent found that the petitioner was eligible for the test exemption and directed the manager to appoint her as the Headmistress as per Ext.P7 order. The writ petition was filed since the Ext.P7 order was not implemented and the petitioner was to retire on 31.5.2023. 3. Though notice was issued to respondents 6 and 7, there was no appearance for them in the writ petition, 4. The learned single Judge found that since there was no order interdicting Ext.P7, the same had to be implemented, and accordingly, the writ petition was disposed of directing the 6[th] respondent to implement Ext.P7 within ten days from the date of receipt of a copy of the judgment provided the same was not varied by any superior authority. It was also directed that if there were any failure on the part of the 6[th] respondent in implementing Ext.P7, respondents 3 to 5 would take necessary steps against the Manager under Chapter III Rule 7 of the KER. Aggrieved by the said judgment, the teacher, the 7[th] respondent, filed RP No.432 of WA Nos.855, 849 & 980 of 2023 9 2023 in which the learned single Judge found that though the review petitioner had filed an appeal challenging Ext.P7 order, no orders were obtained. Learned Single judge also found that the decision in **Xavier T.J. v. State of Kerala** [2023 (2) KHC 515] held that if the appointment is made by a minority institution, the same should be specifically mentioned in the appointment order. Thus, against the dismissal of the review petition as stated above, WA.No. 855 of 2023 is filed. 5. We have heard the learned counsel for the appellants as well as the learned counsel for the respondents. 6. Having heard the parties, we are of the view that no interference is called for in these writ appeals. As rightly found by the learned single Judge, Ext.P7 order had to be implemented when there were no orders by the superior authorities either staying or modifying the same. The manager had no other option than to follow the orders of the educational authorities. As regards the contentions taken in the review petition that being a minority institution, the discretion of the management to appoint a teacher as Headmistress, ignoring her position in the seniority list of teacher of the school is not circumscribed by the requirement to indicate the minority status in the statutory form, as insisted in the dictum laid down in **Xavier. T.J.** (supra), we note that we had reversed the said judgment on that aspect in our decision dated 16.8.2023 in WA No.978 of WA Nos.855, 849 & 980 of 2023 10 2023. Since we are told that the writ petitioner retired on 31.05.2023, it is declared that she was validly appointed on 1.6.2022 and consequently entitled to all the benefits flowing from this declaration till her date of superannuation on 31.5.2023. As regards the appointment of the Headmistress after 31.5.2023, it will be open for the manager to make any appointment in accordance with law. Subject to the above, these writ appeals are dismissed. **Sd/- DR.A.K. JAYASANKARAN NAMBIAR, JUDGE** **Sd/-MOHAMMED NIAS C.P. JUDGE** dlk 23.8.2023 WA Nos.855, 849 & 980 of 2023 11 ## **APPENDIX OF WA 849/2023** ## PETITIONER'S ANNEXURES Annexure I TRUE COPY OF THE APPEAL FILED BEFORE THE DEO, KOZHIKODE DATED 27.02.2023 BY THE MANAGER Annexure II TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2022 OF THE APPELLANT Annexure III TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 22.11.2017 Annexure IV TRUE COPY OF THE NOTICE DATED 17.02.2023 WA Nos.855, 849 & 980 of 2023 12 ## **APPENDIX OF WA 980/2023** PETITIONER'S ANNEXURES Annexure A1 A TRUE PHOTOCOPY OF THE PASS PORT DETAILS OF THE APPELLANT Annexure A2 A TRUE PHOTOCOPY OF THE APPEAL DATED 27-022023 SUBMITTED BY THE APPELLANT BEFORE THE 6TH RESPONDENT AEO Annexure A3 A TRUE COPY OF THE CERTIFICATE DATED 22-112017 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS